Last week may go down in history as a critical one for the Internet, and the open, unfettered access it grants us to things both good and bad. Proposed legislation known as SOPA and PIPA was hotly debated, and eventually (likely temporarily) defeated in the wake of efforts by a voluble brigade of Internet denizens who used social media, online communities and activist sites to create a public outcry — one that triggered whiplash-inducing reversals by politicians and an official response from the Whitehouse.
Not sure what happened, or why it’s even important? Well, we took some time turning out our usual Friday post to look at the whole picture, understand everything that happened, and attempt to explain it in a way that adds clarity. So here goes…
First, what are SOPA and PIPA? The short answer is they’re different versions of the same bill, both intended to give the US government more power to fight online piracy. Sounds good right? And it would be, however, provisions of both bills allowed the government unprecedented and near-unilateral power to shut down sites with little evidenced justification.
What does that mean? Well, as written, the legislation would enable the government to make a site with ‘infringing content’ (i.e. something posted without permission from the copyright holder) unreachable. And while we all understand the intent of such an effort — namely, protecting the integrity of legitimate copyrights — the reality may be somewhat different. For example: Let’s say you upload a video of your kid’s birthday party — piñata, balloons, cake…the whole nine, and all in the name of good, wholesome fun. But in the background, just over Aunt Jean’s massive, hunched shoulder, is a TV showing a Magnum P.I rerun (yeah, it’s still on). Well, because you didn’t get permission to air that footage, the rights holder would be able to alert the authorities, and the site hosting the video would have its DNS entries altered so no one could reach it.
On its own, that seems a little extreme; but what if that site is Youtube? That’d be crazy, right? And in that light, the legislation looks Draconian, even. That’s why so many people who know more about this than you and I spoke out against it.
So January 18, 2012 was Blackout Day. Hundreds of sites across the web either blacked out their logo or their entire site as a way of getting attention for efforts already in motion to defeat the bills. Millions of phone calls, emails and other communications were generated, and politicians seemingly got the idea that no one wanted this legislation.
Well, almost no one. We haven’t touched on why these bills were introduced in the first place. Initially, there was speculation and lots of evidence that SOPA and PIPA were the result of lobbying efforts from the media and entertainment industries. That speculation was subsequently confirmed (we’ll pause here for you to collect yourself after that shocking bit of news) in an alarmingly blunt, callous manner by a Senator-turned-shill openly admitting the entertainment industry is pissed off that they’re not getting something they paid for.
The question we need to be asking is ‘Why?’
Some say it’s a desperate attempt by old media to protect its dying business model. Instead of coming up with new ways of creating and delivering content, they’re asking the government to pass laws that stifle the very type of sharing that is responsible for artistic innovation in virtually every medium.
At the crux of the matter is a critical question: Is piracy a problem? On the surface, it would seem so. However, there is lots of data and evidence that suggests otherwise. There are ways of approaching the issue that would likely result in methods that would benefit everyone, not just just the labels and studios. Silicon Valley and the Whitehouse are openly seeking input. No one thinks the independent artist should have to face-off against Internet pirates alone. However, many are developing business models that actually embrace piracy or leverage the power of the web.
Whichever side of the issue you’re on, you can be sure of a couple of things: 1) Political contributions will be affected, and 2) supporters of a free, unrestricted Internet will temporarily retreat to posting cat pictures and riffing on memes — but only until the next bill is introduced…