By MCN Editor editor@moviecitynews.com

NetCoalition, CEA, and CCIA Respond to Members of Congress On Stop Online Piracy Act

Letter to Members of the House of Representatives

October 31, 2011

Dear Member of Congress:

Last week, Representatives Lamar Smith, Bob Goodlatte, John Conyers, Howard Berman and eight others introduced H.R. 3261, the “Stop Online Piracy Act” (“SOPA”). This legislation has been framed by its sponsors as a vehicle to protect U.S. trademarks and copyrights from foreign “rogue” websites. While we support this concept, H.R. 3261 puts lawful U.S. Internet and technology companies at risk by creating new liabilities, opening the door for vague new technology mandates, imposing significant costs on small businesses, and would create a new unprecedented private right of action regime for intellectual property.

Under this bill, a foreign or domestic Internet site that has broken no U.S. law can nevertheless have its economic lifeblood cut off upon a single notice from a copyright or trademark owner (or perhaps an owner of a patent or trade secret, or possibly even a celebrity with a right of publicity) who alleges that a single page of the site “enables or facilitates” illegal activity by third parties.

Moreover, a court can second-guess whether an Internet advertising network is taking all technically feasible and reasonable measures to prevent the placement of ads on a site that has not been found to infringe an existing intellectual property right.

As currently drafted, we believe SOPA is an alarming step backwards in Internet policy creating  a thicket of Internet regulations containing 16 new legal definitions for evolving Internet technology (including a definition for the word “including”). Further, the definition of “dedicated to theft of U.S. property” is so broad it would unduly ensnare legitimate companies’ websites, products and services.

For example, SOPA would:

  • Effectively undermine provisions of the Digital Millennium Copyright Act and Supreme Court jurisprudence that have promoted electronic commerce, cooperation between intellectual property holders and Internet companies, and user privacy. In so doing, SOPA creates a litigation and liability nightmare for Internet and technology companies and social media;
  • Create new litigation risks for cloud computing, social networks, and other new technologies that simply have the potential of being misused by consumers. Virtually every Internet site that allows user generated content can be subject to suit under SOPA and the bill could force Internet companies to police their users’ activities;
  • Allow intellectual property owners to seek actions including the termination of advertising and payment services for an entire site even if there is only one page of unlawful content on a site that has millions of pages;
  • Institute a regime for Internet censorship by both law enforcement and private actors, undermining the U.S.’s ability to oppose Internet censorship by oppressive, undemocratic countries;
  • Allow law enforcement and judges to impose technology mandates on Internet companies to prevent their products and services from being used for illegal conduct by third parties;
  • Introduce serious security risks to our communications infrastructure and the critical national infrastructure that depends on it;
  • Incentivize ISPs, registrars, registries, ad networks, payment processors, and search engines to take action against a domestic or foreign site when prompted by a rightsholder by providing complete immunity for taking such action while exposing those intermediaries to potential liability if they do not take such action.  The property rights of the accused site are tossed away with no recourse and remedy for harm by the website owner;
  • Provide for monetary sanctions against intermediaries (payment processors and ad services) in suits initiated by private actors (i.e. private right of action).

In short, this is not a bill that targets “rogue foreign sites.” Rather, it allows movie studios, foreign luxury goods manufacturers, patent and copyright trolls, and any holder of any intellectual property right to target lawful U.S. websites and technology companies.

Our industry has and will continue to suggest alternative approaches that would target unlawful, foreign sites without the collateral damage inflicted by the proposals in H.R. 3261.

For the reasons above, we respectfully ask that you do not cosponsor H.R. 3261.  A more detailed and substantive analysis of SOPA’s most critical defects and impact on legitimate companies is forthcoming.

Sincerely,

One Response to “NetCoalition, CEA, and CCIA Respond to Members of Congress On Stop Online Piracy Act”

  1. Mike Smullin says:

    Tell your representatives: “NO CHINA-STYLE BLOCKLIST HR 3261 — US Rogue Websites Bill aka SOPA, Protect IP, E-PARASITE, etc.”
    https://www.votizen.com/no-china-style-blocklist-hr-3261-us-rogue-websites-bill-aka-sopa-protect-ip/

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DENNIS COOPER

The next thing that really changed my world and thoroughly influenced my writing were the films of Robert Bresson. When I discovered them in the late seventies, I felt I had found the final ingredient I needed to write the fiction I wanted to write.

INTERVIEWER

What was the final ingredient?

DENNIS COOPER

Recognizing that the films were entirely about emotion and, to me, ­ profoundly moving while, at the same time, stylistically inexpressive and monotonic. On the surface, they were nothing but style, and the style was extremely rigorous to boot, but they seemed almost transparent and purely content driven. Bresson’s use of untrained nonactors influenced my concentration on characters who are amateurs or noncharacters or characters who are ill equipped to handle the job of manning a story line or holding the reader’s attention in a conventional way. Altogether, I think Bresson’s films had the greatest influence on my work of any art I’ve ever encountered. In fact, the first fiction of mine that was ever published was a chapbook called “Antoine Monnier,” which was a god-awful, incompetent attempt to rewrite Bresson’s film Le diable ­probablement as a pornographic novella. So I came to writing novels through a channel that included experimental fiction, poetry, and nonliterary influences pretty much exclusively. I never read normal novels with any real interest or close attention.
~ Dennis Cooper Discovers Bresson

The whole world within reach.
~ Filmmaker Peter Hutton

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