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The Truth About SOPA: How the Corporate Lobby's Argument Doesn't Add Up

Posted: 01/18/2012 5:27 am

A case for facts, statistics, and common sense. Let's be #OPEN about it.

Across the internet today, you'll see some of your favorite websites "blacked out" in protest of something called SOPA -- the Stop Online Piracy Act. However, don't be fooled by its seemingly straightforward title: SOPA is one of the greatest challenges to a free and open web that we've ever faced. Ultimately, it's a right step, but in the wrong direction. SOPA's original intention was to protect intellectual property created by American artists, yet the result is something much different: an unfair restriction on many American websites, like YouTube and Reddit, that we've come to love.

The media and entertainment industry are lobbying Congress hard to pass this bill, and this past Sunday on MSNBC's Up with Chris Hayes, I had the great opportunity to have a discussion with one their biggest advocates, NBC Universal's General Counsel, Richard Cotton. Mr. Cotton and the corporate supporters of SOPA are using two major points to convince Congress to vote in favor of SOPA:

1. SOPA saves jobs.
2. SOPA will not affect American websites.
Mr. Cotton repeated these points again and again on the show, yet I rebutted with the facts:
1. The non-partisan Government Accountability Office, in a 32-page report, reveals that the claim that any number of jobs lost in industries such as entertainment/media due to online piracy "cannot be substantiated." In fact, those industries such as entertainment/media that rely on copyright are growing 1% above the rest of the economy. Meanwhile, the entertainment/media industry receives a heft of its profits from overseas, where piracy is much more rampant than in the U.S.

2. SOPA will not only affect American websites, but could result in many of them being shut down. Let's be real why - the most widely used sites around the world are American: Google, Facebook, YouTube, etc., and SOPA places all of the liability of pirated content on the owner of the website. So, American companies would be forced to use their own resources to actively police for linked pirated content on their foreign pages (e.g. Google.co.uk) - resources that smaller companies, like Reddit, don't have, possibly resulting in their closure. SOPA might be directed at foreign sites like The Pirate Bay, but will have devastating, yet unintended, consequences on our sites at home.

Instead of punishing American tech companies, which create jobs and are the source of much of our innovation, let's go directly after the pirated content overseas. A good alternative to SOPA is the Online Protection & Enforcement of Digital Trade Act (OPEN), introduced by Rep. Darrell Issa. OPEN places the enforcement responsibility on the International Trade Commission, (ITC) instead of our websites or Justice Department. The ITC, after an investigation, will follow the money trail that funds foreign piracy sites, and eliminate their payment options, effectively shutting them down.

Make no doubt, piracy is an issue that needs to be addressed, and the work of our artists need to be protected, but SOPA is not the answer. Instead of taking a sledgehammer to our internet, we should use a scalpel to specifically remove these rogue, foreign sources of piracy, while avoiding placing a burden on our American web companies.

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HUFFPOST SUPER USER
MmeFlutterbye
Mmeflutterbye
10:04 PM on 01/22/2012
Cotton: "... SOPA saves jobs."

I'm always suspicious of this argument wherever it appears nowadays. It always seems to come from the side that wants to screw us.
09:11 PM on 01/22/2012
How does the fashion industry get on when designs are pirated all the time? They must be on their last legs.

Last season on the catwalk and in boutiques, this season in K-mart.
HUFFPOST SUPER USER
Mark Dobbins
I may be dumb but I'm not that dumb
07:55 PM on 01/22/2012
I guess having an elitist, spendthrift overreaching Federal govt is great until it isn't.
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LeftFoLyfe
Another SHOCKING headline in 3... 2... 1...
08:14 PM on 01/22/2012
Hey Rush, how's the radio show going?
07:37 PM on 01/22/2012
Instead of punishing American tech companies... Let's continue to punish artists.
09:56 PM on 01/22/2012
Artists or more likely those who would claim they own it even though they didn't write it. The law suite to claim hyperlinks is still active as a corporation claims ownership of the hyperlink technology. There are many such incidents of those who claim ownership only to be paid money to go away. In other words you would in being over simple allow the wolfs into the sheep pen.
overcat
My micro-bio is so full, it's bursting at the seam
05:07 AM on 01/23/2012
Yeah, because those dastardly tech companies need to be TAKEN DOWN, right? Never mind their innovations, never mind their direct contributions to the economy of the US (and the rest of the world) and the enhancements to quality of life they've brought about - THEY MUST BE PUNISHED! For the "ARTISTS"! Because it's all about punishing someone, anyone, but nay, nay, not the "ARTISTS".

Copyright violation is already illegal, and copyrights are legally enforced, through the legal systems of both the US and other countries, routinely. Pretend otherwise all you like.
07:36 PM on 01/22/2012
I'm an American citizen. A taxpayer. Why in earth am I having to deal with an International Trade Commission to protect my rights?
08:25 PM on 01/22/2012
Because it is an international issue and your government has no juridsiction outside the USA. And you don't have to do anything, it is done on your behalf.
09:56 PM on 01/22/2012
Because America has no legal authority in other countries. or do you want to bomb them for stealing movies as well?
09:32 AM on 01/23/2012
So America has no legal authority over its borders? You are fine allowing a site to come into America with an illegal enterprise. I have to talk to an international board to get them to stop. Great, I pay all this money and my country can't protect me.
07:28 PM on 01/22/2012
It's not just in the US. There is an even worse bill now in front of the European Common market called ACTA. This is a worldwide fight which has just begun. Just as landowners fought the Industrial Revolution (serfs no longer tied to the land) so the top 1% and the governments they rent around the world will fight the internet. The Hollywoods, Bollywoods, Murdocks, & Enrons around the world want to control the message - China and Iran may be leading the effort, but the US & Germany aren't far behind.
HUFFPOST SUPER USER
MmeFlutterbye
Mmeflutterbye
10:06 PM on 01/22/2012
Erosion of rights is usually done in miniscule steps. This is a big one
06:45 PM on 01/22/2012
The primary proponent for SOPA is the great liberal Chris Dodd who is Hollywoods chief lobbyist while holding the position of Motion Picture of America Assn. Chief executive which pays over 1 million a year. This in spite of his emphatic pledge after leaving the Senate after he realized he had little chance of winning reelection after it was revealed that CountryWide gave him sweet heart mortgage loans. Another example of how corrupt our politics have become as crony capitalism has become dominant.
HUFFPOST SUPER USER
Draekia
Open-minded thinker and traveller
06:52 PM on 01/22/2012
He was never that great nor liberal. The rest is spot on though.
06:59 PM on 01/22/2012
I was being facetious!
06:37 PM on 01/22/2012
NDAA and SOPA are in the same plane of vidolent, Orwellian corporate oppression. The human filth that has now leveled the U.S., emptied its Treasury, and slaughtered and maimed millions is afraid of an uprising against them. jThey are deeply afraid of being defined and confronted, something they've been successful in so far denying through their ownership of the media, political system, and Pentagon. That Obama signed the NDAA after he stated the he wouldn't, in the dead of night on a holiday, shows the Obama is the very worst Democratic president in modern history. That no Democrat has challenged this perverse, manipulative President shows that the American people are on their own.
HUFFPOST SUPER USER
drr456
09:16 PM on 01/22/2012
I totally agree with you! This is a major deal and no one is talking about it! Ron Paul is the only one who even brought it up during the debate but it's gone now. I watched the debate a couple of times on Fox and I know what I saw and heard! It's not there now. Can you spell Fema Camps?
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HUFFPOST SUPER USER
Russell Masingale
weary I am of the Astroturf.
10:25 PM on 01/22/2012
yes the ndaa that was passed by the tea happy house. so dont forget to spread the blame all over DC
06:27 PM on 01/22/2012
hollywood could keep all of their production in a vault. no one would notice. it is all garbage.
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MachCrit
A red guitar, three chords and the truth
06:14 PM on 01/22/2012
I'd like to see Joe Sestak run again. Always impressive.
06:03 PM on 01/22/2012
The primary proponent for SOPA is the great liberal Chris Dodd who is Hollywoods chief lobbyist while holding the position of Motion Picture of America Assn. Chief executive which pays over 1 million a year. This in spite of his emphatic pledge after leaving the Senate after he realized he had little chance of winning reelection after it was revealed that CountryWide gave him sweet heart mortgage loans. Another example of how corrupt our politics have become as crony capitalism has become dominant. At this point, it should be easy to see that politicians of both parties are in the service of the oligarchs.
Another highly thought of liberal, Carl Levin, was cosponser of NDAA which allows the military to hold Americans in indefinite military detention without charges,trial or habeas corpus under executive order. Obama signed that bill on new Years Eve! Halliburton obtained the contract from homeland security for 2.6 billion in 2006 to build detention centers with the largest able to hold over 1 million people! Although this doesn't seem to jive with what we learned in civics class, the corporate press hardly mentioned this radical change.
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HUFFPOST SUPER USER
wayne the pain
05:47 PM on 01/22/2012
This is America today, we are ready to protect corporate profits against theft at the expense of our civil and privacy rights. What is going on in our country? We are marching toward a totalitarian state!
08:02 PM on 01/22/2012
Well stated. Are we destroying freedom to augment profits. Keep the government out of this. Piracy will be solved by technology, when companies decide it is worth it use technology to fight piracy. The government can't help. The cure will be worse than the problem.
HUFFPOST SUPER USER
MmeFlutterbye
Mmeflutterbye
10:11 PM on 01/22/2012
First of all, many in our Congress can barely understand how to turn on a computer. But that doesn't keep them from spouting off about technology etc. With all the super technology nerds in this country, isn't there one who could solve this problem and keep it out of government hands? Why are we acting so helpless?
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AskandThink
OWS! Because WAR is HELL!
08:22 PM on 01/22/2012
errrrrrr no, not marching…. sitting on our duffs while it happens it seems eh?
Maybe a little marching in protest is exactly what we need!
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Miranda Wrietz
Yes, it is a mandate.
05:10 PM on 01/22/2012
HOLLYWOOD, AP- The Motion Picture Associatio­n of America accused internet sites that were blacked out of abuse of power. In related news, the Eye of Sauron has accused Hobbits of terrorism
06:18 PM on 01/22/2012
Chief lbbyist for the Motion Picture Assn. is non other than Chris Dodd!
04:54 PM on 01/22/2012
ACTA is worse than SOPA

Check it out.

http://www.youtube.com/watch?v=N8Xg_C2YmG0&feature=player_embedded
mavpay
I am WE THE PEOPLE
04:27 PM on 01/22/2012
Which laws were used to take down payment systems to Wikileaks?