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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“I suddenly couldn’t say anything about some of the movies. They were just so terrible, and I’d already written about so many terrible movies. I love writing about movies when I can discover something in them – when I can get something out of them that I can share with people. The week I quit, I hadn’t planned on it. But I wrote up a couple of movies, and I read what I’d written, and it was just incredibly depressing. I thought, I’ve got nothing to share from this. One of them was of that movie with Woody Allen and Bette Midler, Scenes From a Mall. I couldn’t write another bad review of Bette Midler. I thought she was so brilliant, and when I saw her in that terrible production of ‘Gypsy’ on television, my heart sank. And I’d already panned her in Beaches. How can you go on panning people in picture after picture when you know they were great just a few years before? You have so much emotional investment in praising people that when you have to pan the same people a few years later, it tears your spirits apart.”
~ Pauline Kael On Quitting

“My father was a Jerome. My daughter’s middle name is Jerome. But my most vexing and vexed relationship with a Jerome was with Jerome Levitch, the subject of my first book under his stage and screen name, Jerry Lewis.

I have a lot of strong and complex feelings about the man, who passed away today in Las Vegas at age 91. Suffice to say he was a brilliant talent, an immense humanitarian, a difficult boss/interview, and a quixotic sort of genius, as often inspired as insipid, as often tender as caustic.

I wrote all about it in my 1996 book, “King of Comedy,” which is available on Kindle. With all due humility, it’s kinda definitive — the good and the bad — even though it’s two decades old. My favorite review, and one I begged St. Martin’s (unsuccessfully) to put on the paperback jacket, came from “Screw” magazine, which called it “A remarkably fair portrait of a great American asshole.”

Jerry and I met twice while I was working on the book and spoke/wrote to each other perhaps a dozen times. Like many of his relationships with the press and his partners/subordinates, it ended badly, with Jerry hollering profanities at me in the cabin of his yacht in San Diego. I wrote about it in the epilogue to my book, and over the years I’ve had the scene quoted back to me by Steve Martin, Harry Shearer, Paul Provenza and Penn Jillette. Tom Hanks once told me that he had a dinner with Paul Reiser and Martin Short at which Short spent the night imitating Jerry throwing me off the boat.

Jerry was a lot of things: father, husband, chum, businessman, philanthropist, artist, innovator, clown, tyrant. He was at various times in his life the highest-ever-paid performer on TV, in movies, and on Broadway. He raised BILLIONS for charity, invented filmmaking techniques, made perhaps a dozen classic comedies, turned in a terrific dramatic performance in Martin Scorsese’s “The King of Comedy,” and left the world altered and even enhanced with his time and his work in it.

That’s an estimable achievement and one worth pausing to commemorate.

#RIP to Le Roi du Crazy

~ Biographer Shawn Levy on Jerry Lewis on Facebook