Policing Internet Piracy – Part 3 – SOPA will hit the innocent the hardest
Posted By Mimenta on January 24, 2012
When I designed my www.kitchenheadquarters.org website, I asked to use some material from a medical publication and was told I could go ahead. I published the site about a month later and was immediately hit with a highly aggressive letter from a solicitor in the USA. Unless I removed the material within 24 hours I would be sued.
[I don't think the legal fraternity is too bright in the USA , or they think we are so gullible –
- you can't sue someone for not removing plagiarised material within any time frame unless you specify what the material is . . .
- and secondly because I am in Australia, to remove the material within the given time frame I would have to have removed it 24 hours before I received the letter (due to time zones and delays in postage).
It gave me great satisfaction to send that dopey invertebrate a letter requesting that he specify the actual content in dispute and do so by mail, a day prior to posting the letter so I could respond to it in the timely manner that he specified.;p ]
What had happened was that the medical publication had obtained permission to publish the material and had authorised me to reproduce it but they had not obtained permission from the source to publish and redistrubute it. Accordingly, I had become a pirate – unwittingly and in total innocence, I had breached copyright. Of course when I found out what they were objecting to, I edited the material.
If SOPA laws had passed, I would have been shut down. The complaint would have gone in and by the time I found out what the offending material is, the 5 days would have passed.
It’s easy to become an unwitting pirate. A picture or text from another website might contain material they don’t have the authority to redistribute and even if they allow you to reprint, you are the copyright pirate, not them.
I believe we all want something done to stop the theft of content on the Internet, The problem is what?
- It needs to be fair, giving people time to act before punishing them, while not letting repeat offenders escape with a feeble slap on the wrist.
- It needs to recognise that not all offenders are criminals, some have made an innocent mistake.
- It needs to acknowledge that not all sites are owned by corporations with staff paid to track their website daily.
- It needs to appreciate the fact that it will be dealing with people across International Time Zones with delays in communications.
- It needs to prioritise the offenders and go after the real criminals who are wrecking lives with ID theft and scams first, then chase the down-loaders. Do the people’s police work before the corporations.
- It needs to be punitive across international boundaries. Justice is not served by dragging some impoverished Vietnamese down loader to a US court where he cannot even understand the charges or afford proper legal representation. He can’t even afford the airfare!
- Disputed cases need to be heard in the country of residence of the site owner, rather than the web host, many of us use foreign web hosts because ours are too expensive (Australia is a classic illustration here, that’s why I use Bluehost in the USA).
Unless we plan laws for the Internet with these considerations, policing the Internet will kill it. Site owners will opt to have their sites deactivated in the USA and the Internet will focus on China with it’s larger population and greater consumer potential.
As a site owner in Australia, with websites registered in the USA, if my site was shut down in the USA, it would be far easier to open a new account with a different web host, (maybe Europe or China, where the Aussie dollar is worth more), than to try and reinstate the old one. The same could be said for a USA website owner too.
Yes something needs to be done to reduce piracy but SOPA is not the solution.



