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Monte Gruhlke
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Posted: 21 January 2012 at 11:21am | IP Logged | 1  

I usually suspect that with politicians, those who are so adamantly against an issue are actually rampant abusers of that issue.
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Vinny Valenti
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Posted: 22 January 2012 at 10:03pm | IP Logged | 2  

Megaupload's takedown actually demonstrates that SOPA is not really needed - already existing laws were used.
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Monte Gruhlke
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Posted: 22 January 2012 at 10:36pm | IP Logged | 3  

Exactly. What these acts of legislation never spotlight is that existing laws would be very effective if only they were enforced.
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Thom Price
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Posted: 22 January 2012 at 11:48pm | IP Logged | 4  

I read this on another forum: I offer it only because it gave me a chuckle, and not as an argument against SOPA:

Under SOPA, the penalty for uploading Michael Jackson music illegally is 5 years in prison.  The penalty for killing Michael Jackson was only 4 years in prison.
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Vinny Valenti
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Posted: 23 January 2012 at 4:45am | IP Logged | 5  

Megaupload's takedown does illustrate another issue - abuse of even existing anti-piracy laws such as the DMCA. There's been no conviction of Kim Schmitz or any other Megaupload employee at this point - but yet the site has been taken down already.

Doesn't that bother anyone else?

I'm not against the indictments themselves, mind you - the evidence does appear to be pretty damning. But the site WAS used for legitimate purposes as well, and now people have been locked out of possibly important personal or business-related files because the FBI jumped the gun.

When Microsoft was accused of being a monopoly and using illegal business practices over 10 years ago, they weren't immediately shut down, were they? Hell, even when they were _convicted_, they were still allowed to operate.
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Luke Styer
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Posted: 23 January 2012 at 6:55am | IP Logged | 6  

 Thom Price wrote:
Under SOPA, the penalty for uploading Michael Jackson music illegally is 5 years in prison.  The penalty for killing Michael Jackson was only 4 years in prison.

Killing Michael Jackson represented a far less serious threat to the recording industry's income stream.
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Luke Styer
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Posted: 23 January 2012 at 6:58am | IP Logged | 7  

 Vinny Valenti wrote:
When Microsoft was accused of being a monopoly and using illegal business practices over 10 years ago, they weren't immediately shut down, were they? Hell, even when they were _convicted_, they were still allowed to operate.

The DMCA and SOPA are aimed at protecting monopolies, so naturally anti-monopoly legislation is going to work differently.
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Craig Robinson
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Posted: 23 January 2012 at 7:09am | IP Logged | 8  

^ How does SOPA protect monopolies?  I'm not being contrarian; I simply still do not understand in layman's terms what the hell this thing does.  I get the gist of the intent, but I also was not born yesterday, so I know there is an agenda present.  So I ask in all sincerity.

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Knut Robert Knutsen
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Posted: 23 January 2012 at 9:08am | IP Logged | 9  

The purpose of SOPA and PIPA is to shut down internet piracy, primarily of music, movies and TV. A lot of those piracy servers are located outside the US. There are several in Europe, Asia even China.

However, Anti-Piracy Investigators face the problem that it takes a lot of investigation time and money to secure sufficient evidence to shut a server down, at which point users just switch to other servers and new Pirate servers go online elsewhere. And some jurisdictions simply refuse to play ball at all.

So it is difficult for Entertainment IP companies to effectively shut down copyright violations within the confines of National and international law, privacy statutes, due process etc. 

SOPA and PIPA are designed to sidestep that. Only it doesn't just target specific types of copyright violations, such as pirating entire movies. It affects all unauthorized uses of copyrighted material, including what could be considered fair use AND cases where there is a copyright dispute. There is no required test, simply an assertion of infringement, which the accused must disprove in a US court (even if the alleged infringement takes place in China).

I've read two conflicting accounts, one is that it can only be applied to access to foreign websites from the US. Another account says that the Bill is being sold as only dealing with foreign websites, but that the language of the Bill makes no such distinction and that the Bill might be used on such American websites as Youtube.

The consensus seems to be that some interested parties were too slow to have their opinions put forward, which is why the Bills ended up with bad language, and now there's going to be a new round to fix certain concerns before it's put forward again.

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Luke Styer
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Posted: 23 January 2012 at 7:25pm | IP Logged | 10  

 Craig Robinson wrote:
How does SOPA protect monopolies?

Copyright is a government-granted monopoly, so any law aimed at protecting copyright, de facto, aims to protect monopolies.

Look at Article 1, Section 8, clause 8 of the U.S. Constitution, which empowers Congress to pass laws:

 QUOTE:
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

One who controls the market for a given commodity holds a monopoly.  Copyright grants "the exclusive Right" to a given commodity.
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Luke Styer
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Posted: 23 January 2012 at 7:35pm | IP Logged | 11  

More fun with SOPA/PIPA.  There's a petition at WhiteHouse.Gov calling for an investigation of MPAA lobbyist and former Senator Chris Dodd after he threatened, on the MPAA's behalf, legislators who vote against the measures.

 Chris Dodd wrote:
Those who count on quote 'Hollywood' for support need to understand that this industry is watching very carefully who's going to stand up for them when their job is at stake. Don't ask me to write a check for you when you think your job is at risk and then don't pay any attention to me when my job is at stake

That sounds to me more like a threat than a bribe, but it definitely evokes the idea of dollars for votes.
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Michael Terry
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Posted: 23 January 2012 at 8:16pm | IP Logged | 12  

I haven't really followed this much just having watched the youtube video from Total biscuit (Game reviews) has me on the anti Sopa fence.

Total Biscuit Comments
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