Re: WordPress comes out against SOPA/PIPA
The SOPA/PIPA controversy isn’t about “the people” vs. big corporations. It’s about big corporations vs. big corporations - it’s just that those opposed to SOPA were a little late to the game. The legislation was drawn up and started to move through committee before internet companies, ISPs and intermediaries (as well as internet advocacy groups) got wise to it and woke up about it.
Quite frankly, none of the big 'net corporations are in it for the sake of free speech or constitutional rights, either. Clearly they have a vested interested in the safe harbor provisions of existing copyright law being as generous and accommodating as possible for ISPs and intermediaries, and SOPA/PIPA would change that.
Hopefully, with the Obama administration’s suggestion SOPA/PIPA would face veto, its supporters and sponsors might give up on it and pay some attention to the proposed OPEN act, instead - a bipartisan alternative to SOPA/PIPA that has the support of most in the tech community and would be far more effective and fair than SOPA/PIPA.
As content creators, though, I’m actually quite glad SOPA/PIPA came about and garnered some attention. The fact of the matter is DMCA is inadequate, and actually enables piracy; ISPs and intermediaries willfully turn blind eyes to piracy because DMCA leaves them no choice but to; in order to avoid liability or responsibility, ISPs and intermediaries are essentially legally obligated to pretend there is no such thing as piracy, unless and until a copyright holder notifies them through a DMCA notice; the burden to comb the internet for one’s copyrighted works rests entirely and solely on the shoulders of copyright holders, with ISPs and intermediaries offering no support or assistance and doing absolutely nothing to prevent stuff from being posted and distributed in the first place.
Further, in the years since DMCA’s passage, the types of one-click hosting and filetrading sites that are entirely designed to do nothing other than facilitate piracy have all learned how to avoid consequence - go offshore. SOPA/PIPA try to address that, but poorly. OPEN could likely be more effective in accomplishing what SOPA/PIPA originally set out to do, without so much collateral damage.
Ultimately, though, I have little to no sympathy for the Googles and Facebooks and other such ISPs and intermediaries and all the sites accepting and redistributing content from users who are now shitting their pants over potential SOPA/PIPA passage. They’ve been allowed to carry on as if there is no such thing as piracy, and have been allowed - through DMCA - to play the “See no evil, hear no evil, speak no evil” game when it comes to infringement, encouraged to enable and facilite infringement in order to benefit from safe harbor and all too happy to do precisely that.
There very well needs to be adjustments to digital copyright law in the US that encourages ISPs and intermediaries to be proactive in preventing infringement, and cooperate with IP holders. They’ve taken DMCA’s safe harbor provisions and used it as an excuse to be negligent and willingly ignorant, and they need to grow up and accept the fact that they are now a fully integrated industry - one that will get regulated to some extent just like every other (including ourselves), and one that can’t play the free speech card every time someone wants them to play fair. We’re no longer incubating the internet - it flourishes and thrives and its most successful companies are the most profitable and wealthiest businesses on the planet. They can put someone on staff to not just take down material they get DMCA complaints about, but prevent the stuff from going online in the first place. They are no more driven by charity or selflessness than record labels or motion picture studios, and are capable of acknowledging infringement exists - even on their services and networks.