Piracy Bill

Discussion in 'User Submitted News' started by air2004, Dec 11, 2011.

Dec 11, 2011

Piracy Bill by air2004 at 2:47 PM (2,503 Views / 0 Likes) 26 replies

  1. air2004
    OP

    Member air2004 Air

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    http://thehill.com/b...nconstitutional


    Laurence Tribe, a constitutional law expert at Harvard Law School, argues the Stop Online Piracy Act (SOPA) violates the First Amendment in a memo sent to members of Congress on Thursday.

    The bill would empower the Justice Department and copyright holders to demand that search engines, Internet providers and payment processors cut ties with websites "dedicated" to copyright infringement.

    Tribe argues the bill amounts to illegal "prior restraint" because it would suppress speech without a judicial hearing.









    Additionally, the law's definition of a rogue website is unconstitutionally vague, Tribe writes.

    "Conceivably, an entire website containing tens of thousands of pages could be targeted if only a single page were accused of infringement," Tribe writes. "Such an approach would create severe practical problems for sites with substantial user-generated content, such as Facebook, Twitter, and YouTube, and for blogs that allow users to post videos, photos, and other materials."

    He argues SOPA undermines the Digital Millennium Copyright Act of 1998, which protected websites from being held responsible for the actions of their users.

    The bill would "effectively require sites actively to police themselves to ensure that infringement does not occur," he writes.

    Tribe concludes the result is that the law would chill protected and lawful speech.

    "The threat of such a cutoff would deter Internet companies from adopting innovative approaches to hosting and linking to third party content and from exploring new kinds of communication," he writes.

    In a footnote, Tribe acknowledges that he was hired by the Consumer Electronics Association, which is lobbying against SOPA, but he adds, "The views expressed in this paper represent my own views as a scholar and student of the Constitution."

    A spokeswoman for the House Judiciary Committee Republicans pointed to a competing legal analysis by constitutional law expert Floyd Abrams.

    In that paper, Abrams notes that the First Amendment does not protect copyright infringement and argues that the bill's protections are sufficient to not cause a chilling effect on protected speech.

    "The Internet neither creates nor exists in a law-free zone, and copyright violations on the Internet are no more protected than they are elsewhere," Abrams writes.

    He argues that SOPA's procedures for protecting legitimate speech are so strong "that complaints in this area seem not to really be with the bill, but with the Federal Rules of Civil Procedure itself, which govern all litigants in U.S. federal courts."

    Abrams wrote the analysis on behalf of a coalition of movie and television associations which support the legislation.
     


  2. TehSkull

    Member TehSkull Living the life

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    Maybe this bill will stop people from trying to do away with the DMCA. Look what we'd get in its place.
     
  3. Sterling

    Member Sterling GBAtemp's Silver Hero

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    Let me say it again. The government has no idea what it's doing when it comes to a great majority of things. So why the hell do you think they'll do much better here? They're just screwing up things they have no idea how to comprehend. Rant aside, I agree with this person. Many bills have small things here and there hidden to infringe on our rights, but this one is pretty blatant from where I'm standing. We already have people that report others for copyright infringement (I very narrowly escaped. It's one of the reasons I stopped), the least thing we need is for the entire internet to be policed by the Government for something that isn't even a criminal act. >.
     
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  4. Qtis

    Member Qtis Grey Knight Inquisitor

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    Actually one thing that I find kinda funny regarding piracy and other online downloads. One example is older games and movies. Who has seen new GB/GBC/NES/SNES/GBA etc games sold new as physical media for the respective consoles (not counting the newer virtual consoles)? The thing is that most games are either not available new anymore via legal ways or the other option is to buy them used (which on the other hand doesn't give profit to the maker, actually quite the opposite). wouldn't mind paying for some services, but quite a few games aren't released outside of EU/US/JP (actually restricting options?) though there is no real reason for this. Other than having control over what consumers can use. Especially in this digital time and age (import vs download. If the latter is just drag and drop compared to a hassle of playing an import which doesn't work out of the box, which one will be the more popular?). Hopefully the US doesn't go to draconian measures regarding piracy like the People's Republic of China has gone with quite a few things, free speech being one of them..
     
  5. Canonbeat234

    Member Canonbeat234 Redeemed Temper

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    The point is that the government wants to keep control of everything that deals with money. Imagine if this whole fiasco didn't deal with cash, the government will still make this scenario more economic based to which fees will be used on piracy products.
     
  6. the_randomizer

    Member the_randomizer The Temp's official fox whisperer

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    The only thing (as far as I know) that makes NES, Snes, N64, etc ROMs illegal are the copyrights, yet, no profit is made to the developers since you're buying them used. That and the unreleased outside of Japan ones, which I think is ridiculous for them never releasing said games.
     
  7. GundamXXX

    Member GundamXXX Ergo Ego

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    The question isnt whether this bill should be passed but more who will come with a good alternative?

    The bulk of the population has no idea what the internet is past Wikipedia and Facebook and hence they will believe all the "bad" things that is announced
    What should be created is an institution that actually know what the values are on the internet and they should be able to take matters further. This of course shouldnt be tied to any government of any country but instead should have its own rules
     
  8. Gh0sti

    Member Gh0sti iOS Guru

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    if this bill is passed though there would be no point to go on the internet facebook, twitter, google, youtube, ect would all be blocked, so internet will die if this bill is passed and enforced guess i better go back to reading books and going outside
     
  9. Qtis

    Member Qtis Grey Knight Inquisitor

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    I doubt existing sites would be affected that much (sites like youtube already have official support from record labels regarding their own music and such), but more than anything, future innovation could be hampered. Imagine youtube being created after the bill was passed. I doubt it'd be available for long, especially in the US..
     
  10. Tom Bombadildo

    Contributor Tom Bombadildo Honk!

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    GBATemp. Please god let it be GBATemp.
    "What? [insert website here] has shitty shovelware ROMs? DELETE DELETE DELETE!"
    :lol:



    No they wouldn't, only the content that violates the law would be blocked. Post song lyrics without asking on Facebook? Post gets deleted. Not Facebook as a whole. And Youtube would just be full of shitty user videos. And Google would...just have to get copyright permissions from various sites and things. So really it would just be censored like a bitch. Kinda like China.
     
  11. Hyro-Sama

    Member Hyro-Sama I'm from the fucking future.

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    If you're outside the US how does this affect you? China has a similar law in their country and it doesn't affect the west at all. Plus, the internet companies can move their base of operations to a more lenient country. Anyway, not sure way now all of a sudden this is being considered. The US gov't is just being an asshole on purpose. They could have done something years ago.
     
  12. Qtis

    Member Qtis Grey Knight Inquisitor

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    If a site is on a US server, it'll probably affect all users. Thus quite a few sites could be affected if not already so..
     
  13. machomuu

    Member machomuu Drops by occasionally

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    As was already said, they are rarely sold as physical media any longer. For that reason, it's rare that you'll get them used from a retro game store or a second-hand shop. They do make profit off of the game as most people now (legally) obtain them via the Virtual Console, a digital medium which allows companies to gain profit from these games by selling them "new".
     
  14. Velotix

    Newcomer Velotix Advanced Member

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    From what I could glean from this... The man not on the payroll of the government or Hollywood says that this bill is a horrible idea and cause some big damage. The man on the payroll of Hollywood says that it is totally not going to do any damage at all and everything will be all hunky dory.

    Right......
     
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  15. Sheimi

    Member Sheimi A cute Vixen!

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    Couldn't of said it better than myself.
     
  16. GundamXXX

    Member GundamXXX Ergo Ego

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    US = superpower sadly enough. They give big companies the chance to use and abuse the country for all its worth and get more and more money. Companies dont care about what is good for their customer but they care about what is good for their wallet
     
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  17. Canonbeat234

    Member Canonbeat234 Redeemed Temper

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    Hey! Some people are being paranoid by thinking that the government is going to punish individuals for downloading stuff they didn't pay for. That's not their approach, they want to monopolize the websites that are responsible for giving copyrighted material for free and charge them with fees so they can profit off the torrents that we users are downloading. Like they can give the owners of the websites a monthly fee for the material they have for download which the owners will now have to charge the users a pricy bill.
     
  18. Magsor

    Member Magsor I am watching you

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    AHHAHAHAHAHHAHAHHAHAHAHA!
    This makes me on a good mood as i can't stop laughing...
    People crying about piracy just have to review their business models.
    WE ARE IN 2011 ! Hello? is someone home?
    You cannot enforce this with a law or you will choose to go back to the times when government chose what people watched(i am not naming any but i cant think of many and you don't want to be associated with them...)

    Common people are aware of the situation and will gladly pay a fair price for a good product. If your product is crap; just eat your shorts well pay you wellfair.
    Just make good product and market it good and YOU WILL MAKE MONEY!
     
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  19. Ammako

    Member Ammako GBAtemp Guru

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    While I somewhat agree with that, there are a few problems.
    Namely, the fact that even if it's really good, people will still pirate it.
    Example: Skyrim.
     
  20. yuyuyup

    Member yuyuyup GBAtemp Psycho!

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    If you don't like SOPA, then blame Repubs and DINOs (Democrat In Name Only.) And if you don't vote, blame yourself
    http://www.youtube.com/watch?v=z5hoFiajN30
     
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