[Libs-Or] What’s in a name? So-called anti-piracy copyright legislation

Tue Nov 15 21:49:15 PST 2011

http://networkedblogs.com/q2KRE?a=share&ref=nfWhat’s in a name? So-called
anti-piracy copyright legislation
Posted on November 15,
2011<http://www.districtdispatch.org/2011/11/what%e2%80%99s-in-a-name-so-called-anti-piracy-copyright-legislation-2/>
by Corey W <http://www.districtdispatch.org/author/corey-w/>|

Ok, more like what’s in an acronym (and what the heck does it mean)? The
latest round of legislation thinly cloaked under a veil of copyright was
supposedly crafted to squelch online piracy. Here’s what we’ve got – The
PROTECT IP Act or PIPA bill (S.
968<http://www.opencongress.org/bill/112-s968/show>)
in the U.S. Senate and the recently introduced companion SOPA or E-PARASITE
bill (H. 1362 <http://www.opencongress.org/bill/112-h3261/show>) in the U.
S. House of Representatives.

Ok, so you ask, what do these bills actually mean?

First introduced in the U.S. Senate in May was S. 968, “*The Preventing
Real Online Threats to Economic Creativity and Theft of Intellectual
Property Act of 2011*” or PROTECT IP Act of 2011 or PIPA (not to be
confused with the famous sister-in-law across the pond). Senators Leahy
(D-VT), Hatch (R-UT) and Grassley (R-IA) introduced the bill intending to
crack down on rogue websites dedicated to the sale of infringing
counterfeit goods. The library community’s specific concern with this bill
is its potential impact on first amendment rights. The ALA joined other
organizations and sent a
letter<http://www.districtdispatch.org/2011/11/wp-content/uploads/2011/05/Public-interest-968-letter.pdf>(pdf)
to Senate leadership stating, as currently drafted “…S. 968 makes
nearly every actor on the Internet potentially subject to enforcement
orders under the bill, raising new policy questions regarding government
interference with online activity and speech.“

An even more egregious bill was introduced in the U.S. House by Reps. Smith
(R-VA), Conyers (D-MI), Goodlatte (R-VA) and Berman (D-CA) in late October
– H.R. 3261, “*The Stop Online Piracy Act*” or SOPA, also known as the
“*Enforcing
and Protecting American Rights Against sites Intent on Theft and
Exploitation*” or E-PARASITE bill (uh, gross). This bill makes the Senate
version (S. 968) pale in comparison – it’s that bad. A myriad of concerns
have been raised and strike at privacy, intellectual freedom and cyber
security, among others.

The ALA, as part of the Library Copyright Alliance (which includes ACRL and
ARL) sent a letter<http://www.librarycopyrightalliance.org/bm~doc/lca-sopa-8nov11.pdf>(pdf)
to the House leadership raising specific copyright-related concerns
on behalf of libraries. In the letter we raise two key concerns:

   1. The bill would change the scope of “willful infringement” with the
   potential to capture what the courts would have previously determined as
   innocent infringement– raising the stakes of statutory damages sought up to
   $150,000 per work.
   2. In addition, the bill would impose criminal sanctions for public
   performances including streaming. Public performances would include digital
   works transmitted to classrooms, including those at a distance, and even
   those of a non-commercial nature.

Ultimately, this bill brings into the realm of possibility the criminal
prosecution of a library for streaming or public performances for
educational purposes (yikes!).

But wait, there’s more! On the heels of being introduced in late October,
the SOPA/E-PARASITE bill is slated to be the subject of a House Judiciary
Committee hearing
<http://judiciary.house.gov/hearings/hear_11162011.html>on November
16, 2011.

In sum, one might deduce that the more troublesome a bill, the more
ridiculous names and acronyms are piled on.

Corey Williams
Associate Director
Office of Government Relations

P.S. Want to see concerns raised by others? Check out the following letters
and responses:

   - The ALA joins several other public interest groups and sends a letter
   <http://www.districtdispatch.org/wp-content/uploads/2011/11/Public_Interest_SOPA_Letter-1.pdf>(pdf)
to House Judiciary Committee leadership
   - Mike Masnick of TechDirt “When even librarians are against
SOPA<http://www.techdirt.com/articles/20111110/00563216705/when-even-librarians-are-against-sopa.shtml>”
   and “Why PROTECT IP/SOPA is the exact wrong approach to dealing with
   infringement
online<http://www.techdirt.com/articles/20111108/00553216676/why-protect-ipsopa-is-exact-wrong-approach-to-dealing-with-infringement-online.shtml>
   ”
   - Brookings “Cybersecurity in the Balance: Weighing the Risks of the
   PROTECT IP Act and the Stop Online Piracy
Act<http://www.brookings.edu/papers/2011/1115_cybersecurity_friedman.aspx>
   ”
   - Letter <http://www.protectinnovation.com/downloads/letter.pdf> to U.S.
   House of Representatives leadership from nine major tech companies opposing
   SOPA
   - International & civil and human rights groups send a
letter<http://www.districtdispatch.org/wp-content/uploads/2011/11/SOPA-letter-from-Intl-human-rights-community-1.pdf>(pdf)
to House Judiciary Committee leadership

http://networkedblogs.com/q2KRE?a=share&ref=nf

-- 
*Diedre Conkling**
Lincoln County Library District
P.O. Box 2027
Newport, OR 97365
Phone & Fax: 541-265-3066
Work email**: **diedre at lincolncolibrarydist.org*<diedre at lincolncolibrarydist.org>
*
Home email: **diedre08 at gmail.com* <diedre08 at gmail.com>

 WAR IS OBSOLETE<http://www.facebook.com/pages/WAR-IS-OBSOLETE/297916183027>
Holding resentment is like eating poison and waiting for the other person
to keel over. - Unknown Author
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://omls.oregon.gov/pipermail/libs-or/attachments/20111115/f3bde82e/attachment.html>