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SOPA and PIPA Act.

Name

Institution

Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA).

The purpose of SOPA and PIPA.

These are proposed legislation aimed to curb online piracy activities. The purpose of the combined bills is to enable the US GOVERNMENT and other citizens of the country to sue online sites that are associated with piracy, copyright infringement and the counterfeiting of intellectual property. These websites targeted that infringe copyrights are foreign websites, for examples like pirate bay and torrents. If this bill would be legislated it would implicate numerous changes that would affect internet usage as a whole. For instance, stating that a site that is overseas is not in the jurisdiction hence the US governments and companies should cut out the oxygen supply of these foreign websites by not doing business with. On the other, this would mean that each company like YouTube should police their site each and every time to monitor individuals who attempt piracy and cut them off. Based on the fact that YouTube has millions of video uploads by the users every day, this Act would act against the development of YouTube based on the fact the mandate would be policing instead of daily activities. Hence the strong opposition from tech companies in the US.

How SOPA attempt to stop piracy.

This bill, if it was to be passed it would give the mandate to copyright holders and the Department of justice in the US to sue foreign sites that are implicated with online infringement. The department of justice would first need court orders which will give the green light to seek and prosecute these sites that are foreign. After obtaining the court order the bill offered three ways to block foreign sites and stop piracy,

The first way is to order major search engines such as Google, and Bing to de-index sites that have been accused of infringement from results that come to the search bar. The reasoning behind this is that this will lead no traffic accumulating in these sites hence they will close down. The second way to this bill stated was prohibiting the accused sites from interacting and conducting business with other sites and services such as advertising like the google ads or PayPal vending services. Finally, there was an order for internet providers block the Domain Name Service record for accused sites. This meant that these internet service providers would need to lower the level of security that is required to block the DNS which consequently making the internet not safe hence giving leeway to hackers.

What Congress was trying to achieve when in support of this bill.

The main motivation not being clear for being in support if this bill, but the fact that the party has been led to believe that supporting such a bill will bring them out as patriotic due to the fact that this bill counters piracy internet sites that operate in the US. This is because that these sites affect the employment in the united states whereby piracy affects the individuals who are producers or actors possibly in the entertainment industry whose content is pirated. Congress main efforts were to stop these foreign sites from making through piracy at the same time benefiting from generating traffic that is translated to revenue from stolen content in the United States. When it is in this context is clear that it makes sense it is because it is a real issue that affects a lot of people worldwide. The problem comes in how the bill is structured, just to be clear the opposing side of this bill is still against piracy but the is how piracy is dealt with in this bill and the SOPA and PIPA bill could do more than just limiting foreign piracy.

Why the support of such bills?

In this case, there is the support of the Congress and other multiple entertainment companies like Disney and universal music groups. Why would Congress support such a bill it is because the interior motive might be the fact that this bill will give the department of justice in the united states the powers to search results of search engines. Which will give powers over major companies especially search engines such as Google and Bing. Putting in mind that there are such restrictions in China whereby search engines results are monitored. On other hand huge entertainment companies like Universal would support this bill to suppress upcoming competition, for instance, there was a case between Universal and Veoh, whereby Universal music group filed lawsuits that stated Veoh violated DMCA. This is led to a bad reputation of Veoh and led to investors having a change of heart, indirectly Universal music group suppressed Veoh, considering that this bill was passed it would mean that more upcoming companies in the creative world would find it hard to maneuver with such laws as challenges.

The status of SOPA and PIPA right known.

The bill lost all the supporters especially the individuals who were in Congress this is due to the street protests in major cities such as New York, Seattle, Washington and San Francisco whereby the petition that collected around 7 million signatures. This was in addition to the blackout sites by Wikipedia and Reddit, which was associated with the suppression of the bill. Hence it safe to say that these bills are dead and if there attempts to bring them back there will be massive and extensive changes that would be made to focus really on the matters that are really an issue when it comes to piracy in the United States. Currently speaking one precept of the original SOPA bill has been removed. the one which involved internet service providers to block accused foreign sites has been removed, may be due to the challenges it posed whereby it made the internet vulnerable in terms of security. This was as a consideration of Lamar Smith a Republican based in Texas agreed to amend the bill. This means that there is room for change and the bill might have better terms in the future.

What can be improved from the two Acts? (a better Act)

The two may work towards offering more protection to the sites accused of infringement, in the same manner, strengthen the process of enforcement. The Act can be improved in the manner that instead of the department of justice dealing with the copyright cases, all the related cases should be directed to the International Trade Commission whereby this is an independent nonpartisan body that deals trade disputes and infringement cases. In addition, this “better Act” should be designed in a manner that the government does not control the search engine results this will definitely affect the business of search engines, instead the Act should state that the search engine companies should work hand in hand with legislative bodies to see through ways in which the search engine can be regulated in a way that will not affect them, but at the same work in the main purpose in hand of curbing piracy. This will be a long journey but it is worth because at the end of the day this is what is the issues and it is what the current status, considering that the future will be digitized.

References

https://venturebeat.com/2012/01/19/sopa-pipa-facts/

https://money.cnn.com/2012/01/17/technology/sopa_explained/index.htm

Brady, A. (2012). Copyright policymaking as a procedural democratic process: A discourse-theoretic perspective on Acta, SOPA, and pipa. Cardozo Arts & Ent. LJ, 30, 153.

Carrier, M. A. (2012). SOPA, PIPA, ACTA, TPP: An Alphabet Soup of Innovation-Stifling Copyright Legislation and Agreements. Nw. J. Tech. & Intell. Prop., 11, iii.