Stop Online Piracy Act (SOPA) vs. Blogging and Podcasting – TAP063

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Just wanted to start off with saying thank you for doing what you do so I can start doing what I want to do—podcast!

I have spent a few months listening and note taking on past episodes (along with the School of Podcasting ones) so I could make a decent start on my podcast. And though I feel I did a decent first ever podcast, I have a long way to go.

Anyway, you wanted to hear some things I plan on doing to improve my podcast (beyond my maiden episode)

  1. Better Audio Equipment (should be here by the end of the week)
  2. Get a Cohost (should be skyped in for the next episode)
  3. Work on content. Have plenty of ideas, now just to flush them out and make them a reality. I have a vision for my podcast, just need to clean my glasses at bit :)

As far as SOPA—it would be like cooking a marshmellow with a flame thrower—would accomplish what is wanted by a few but would massive farther reaching damages then invisioned. :)

To sum up :)

Thank you! Working on improving my podcast thanks to your advice and encouragement (mishmashblastpodcast.com) and SOPA sucks.

—Nolan

What is SOPA?

The Stop Online Piracy Act (SOPA) has been big news. It was originally set to be voted on December 16, but was pushed back.

This is a hot topic for Internet content-creators: bloggers, podcasters, YouTubers—almost anyone with a presence on the Internet could be affected.

SOPA starts out with a basic purpose.

To promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property, and for other purposes.

Since when does combating anything “promote prosperity, creativity, entrepreneurship, and innovation”? While I certainly appreciate the protections for artists of any kind, I would not agree that these promote creativity.

SOPA is simple and complex. This video explains it very well, albeit a little apocalyptic.

Freedom of speech

Early on (section 2.a.1), SOPA explains:

Nothing in this Act shall be construed to impose a prior restraint on free speech or the press protected under the 1st amendment to the Constitution.

Jurisdiction against foreign entities

An entire section and several other subsections of SOPA are dedicated to giving the USA Attorney General jurisdiction to go after non-USA websites.

Section 102: Action by Attorney General to protect U.S. customers and prevent U.S. support of foreign infringing sites.

Many have claimed that SOPA’s definitions are vague. But in the case of “foreign infringing sites,” it does seem that SOPA is targeted at sites whose primary purpose is the distribution of copyrighted material or discussion of copy-protection-bypassing methods.

I actually appreciate the intent that is more evident in the title of Section 103.

Market-based system to protect U.S. customers and prevent U.S. funding of sites dedicated to the theft of U.S. property. [Emphasis added.]

As an artist, it can be demoralizing to see one’s work being illegally distributed outside of the USA simply because the same copyright laws aren’t in place worldwide. But does this deserve the extra legislation?

Fan blogs and podcasts

… site is primarily designed or operated for the purpose of, has only limited purpose or use other than, or is marketed by its operator or another acting in concert with that operator for use in, offering goods or services in a manner that engages in, enables, or facilitates [copyright infringements].

While this may seem definitive against only certain sites, let’s consider a popular scenario by using my Once Upon a Time podcast (ONCE) about ABC’s TV show.

I certainly have no intention of ONCE™being a copyright-infringing site. But it is possible that ABC could accuse ONCE™or similar fan sites of having the primary purpose of engaging in copyright infringements because we use sound clips, screenshots, and videos to discuss the popular TV show.

Encouraging oversensitivity by ISPs

Section 104 offers immunity of legal actions if ISPs, domain registrars, online ad agencies, search engines, and payment providers are willing to take their own actions against suspected sites.

[Title] Immunity for taking voluntary action against sites dedicated to theft of U.S. property.

This could cause a panic of such companies to be hyperactive in prevent what they think is theft. A website could be shut down or its payments blocked if the company that handles those services wants to get proactive rather than wait for a five-day-deadline letter from the Attorney General.

Educate yourself

Disclaimer

I am not a lawyer. If you need legal advice, consult a lawyer.

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  • http://BasicBlogTips.com Ileane

    Hi Daniel, I’ll be sure to share this on my social networks so that people can educate themselves about SOPA and why we need to block it. Thanks!

    • http://theRamenNoodle.com/ Daniel J. Lewis

      Thank you very much, Ileane! I see a lot of people retweeting your link to me. I really appreciate it!

  • http://www.metaksan.com Cable trays

    Thanks Wiki! You are the only bereave one that can stand