Those who count on quote ???Hollywood??? for support…

???Those who count on quote ???Hollywood??? for support need to understand that this industry is watching very carefully who???s going to stand up for them when their job is at stake. Don???t ask me to write a check for you when you think your job is at risk and then don???t pay any attention to me when my job is at stake.???

Protect IP (PIPA) and the Stop Online Piracy Act (SOPA) are a step towards a different kind of Internet.  They are a step towards an Internet in which those with money and lawyers and access to power have a greater voice than those who don???t. 

It is clear that the step toward a democracy “in which those with money and lawyers and access to power have a greater voice than those who don???t” has long since been taken in American politics.

No wonder ex-Senator Dodd is so distressed that he would reveal these disappointed expectations with menace.

MEGAUPLOAD IS BACK, NEW MEGAUPLOAD SITE – The leading online storage and file delivery service –

WE DON’T HAVE ANY DOMAIN NAME FOR NOW
ONLY THIS IP ADDRESS (http://109.236.83.66) BEWARE TO THE PISHING SITES!
This is the NEW MEGAUPLOAD SITE! we are working to be back full again
Bookmark the site and share the new address in facebook and twitter!

Yeah, right.

But it does illustrate the vulnerabilities that can be introduced. After all, innocent until proven guilty, but not in these prior restraint cases of course, one must stop that US$500,000,000 pain to the Cartel.

SOPA, Internet regulation, and the economics of piracy

As a rough analogy, since antipiracy crusaders are fond of equating filesharing with shoplifting: suppose the CEO of Wal-Mart came to Congress demanding a $50 million program to deploy FBI agents to frisk suspicious-looking teens in towns near Wal-Marts. A lawmaker might, without for one instant doubting that shoplifting is a bad thing, question whether this is really the optimal use of federal law enforcement resources. The CEO indignantly points out that shoplifting kills one million adorable towheaded orphans each year. The proof is right here in this study by the Wal-Mart Institute for Anti-Shoplifting Studies. The study sources this dramatic claim to a newspaper article, which quotes the CEO of Wal-Mart asserting (on the basis of private data you can’t see) that shoplifting kills hundreds of orphans annually. And as a footnote explains, it seemed prudent to round up to a million. I wish this were just a joke, but as readers of my previous post will recognize, that’s literally about the level of evidence we’re dealing with here.

Oh! “adorable towheaded orphans!” Had the xxAA half the brains of Julian Sanchez SOPA would be a done deal.

How Copyright Industries Con Congress

[T]he harm is a dynamic loss in allocative efficiency, which is much harder to quantify. That is, in the cases where a consumer would have been willing to buy an illicitly downloaded movie, album, or software program, we want the market to be accurately signalling demand for the products people value, rather than whatever less-valued use that money gets spent on instead. This is, in fact, very important! It’s a good reason to look for appropriately tailored ways to reduce piracy, so that the market devotes resources to production of new creativity and innovation valued by consumers, rather than to other, less efficient purposes. Indeed, it’s a good reason to look for ways of doing this that, unlike SOPA, might actually work.

It is not, however, a good reason to spend $47 million in taxpayer dollars—plus untold millions more in ISP compliance costs—turning the Justice Department into a pro bono litigation service for Hollywood in hopes of generating a jobs and a revenue bonanza for the U.S. economy. Any “research” suggesting we can expect that kind of result from Internet censorship is a fiction more fanciful than singing chipmunks.

While the second paragraph is correct, I would suggest, despite my lack of economic training, that “allocative efficiency” isn’t affected by copyright infringement. If the recording and distribution industry made their products cost-effective and convenient (like dropping all those mandatory trailers on DVDs) we’d allocate our expenditure efficiently to them.

Presently they don’t do that, and we allocate efficiently using time and other expenditure to avoid their troll-gate.

My Letter to the Internet – Senator Ron Wyden

The Internet has become an integral part of everyday life precisely because it has been an open-to-all land of opportunity where entrepreneurs, thinkers and innovators are free to try, fail and then try again.  The Internet has changed the way we communicate with each other, the way we learn about the world and the way we conduct business.  It has done this by eliminating the tollgates, middle men, and other barriers to entry that have so often predetermined winners and losers in the marketplace.  It has created a world where ideas, products and creative expression have an opportunity regardless of who offers them or where they originate.

Protect IP (PIPA) and the Stop Online Piracy Act (SOPA) are a step towards a different kind of Internet.  They are a step towards an Internet in which those with money and lawyers and access to power have a greater voice than those who don???t.  They are a step towards an Internet in which online innovators need lawyers as much or more than they need good ideas.  And they are a step towards a world in which Americans have less of a voice to argue for a free and open Internet around the world.

Not all bad.

Numbers of Mass Distraction: Part 2

It is clear that recent events surrounding SOPA do not represent the end of the war waged by the copyright industries; at most it’s a skirmish they will concede, albeit very grudgingly, as lost. Judging from the experiences we faced in the UK with The Digital Economy Bill (I covered some of those shenanigans here in Musing About Downloads In The UK) dealing with SOPA (and PIPA) is going to be a long hard war of attrition. A war where every one of us needs to understand the weapons being used against us, as well as the absolute flimsiness of the ammunition.

I intended to write another long post on this flimsiness, then found that someone else had done a far better job than I could’ve. So what I shall do instead is to link to the wonderful post on the subject by research fellow Julian Sanchez at the Cato Institute. Headlined How Copyright Industries Con Congress, it’s a must-read. While you’re at it, it’s also worth reading Julian’s earlier piece on the subject in Ars Technica. The elevator version is as follows: numbers related to the value of illegal downloads as well as numbers related to the number of jobs affected are at best wild unsubstantiated estimates, and at worst devious attempts to flim-flam a legislature crying out to be flim-flammed. The $200-$250 billion number, while it came from a sidebar in a reputable magazine, was actually an unsourced estimate of the value of all counterfeit and pirated goods worldwide, and was clearly stated in the magazine as such. And the 750,000 jobs lost number was taken from a 1986 speech by the then Secretary of Commerce, a number that has never been endorsed by the Department of Commerce.

How PIPA and SOPA Violate White House Principles Supporting Free Speech and Innovation

Corporate Right of Action

PIPA and SOPA also still allow copyright holders to get an unopposed court order to cut off foreign websites from payment processors and advertisers.

While this provision only affects foreign sites, it still affects Americans’ free speech rights. As Marvin Ammori explained, “The seminal case of Lamont v. Postmaster makes it clear that Americans have the First Amendment right to read and listen to foreign speech, even if the foreigners lack a First Amendment speech right.” If history is any guide???and we???re afraid it is???we will see specious claims to wholesale take downs of legitimate and protected speech.

[moved this para for sense]

As we have continually highlighted, copyright holders already can remove infringing material from the web under the DMCA notice-and-takedown procedure. Unfortunately, we???ve seen that power abused time and again. Yet the proponents of PIPA and SOPA want to give rightsholders even more power, allowing them to essentially shut down full sites instead of removing the specific infringing content.

Not enough that corporations are nigh immortal, now some are granted further Right of Action, at least those who are already granted State subsidised protection of fantastic rights.

Learning leadership from Congress

When planning your career, avoid these pitfalls, behaviors evidenced by many elected officials:

  • In all things, look for money first. Listen to people with money, respond to people with money, justify your actions around money. Worth noting that 47% of those in Congress (House and Senate) are millionaires–an even greater percentage than those that are lawyers.
  • Embrace the fact that you don’t know what you’re talking about. Aspire to run systems you don’t understand.
  • Compromise over the important issues, but dig in and fight forever over trivia.
  • Along those lines: focus obsessively on the short run. Even though you are virtually assured of re-election, define the long term as “before the next election.”

Beyond SOPA: Why ‘Easy’ Solutions Don’t Stop Net Crime – Forbes

Leslie Daigle is chief internet technology officer of the Internet Society, a non-profit founded in 1992 to promote a free and open Internet.

As Forbes reporter Andy Greenberg pointed out in his post ???SOPA Haters Are Already Finding Easy Ways To Circumvent Its Censorship,??? enterprising individuals and organizations are already finding easy ways to evade the Stop Online Piracy Act legislation now before Congress before it has even been passed. Among other things, the widely derided measure proposes using Domain Name System blocking as a solution to online piracy.

While the illegal online activities that SOPA strives to combat such as child pornography, infringement of intellectual property rights and cybercriminal activities are undoubtedly critical issues, they must be addressed in ways that do not undermine the global architecture of the Internet, curtail internationally recognized human rights or threaten e-commerce. Non-technological problems, including cybercrime and infringement of IP, cannot be resolved by using technology as a quick fix. Here???s why.

SOPA is of course only “easy” for a coddled minority, for the rest of us it is costly and futile.