If you’re reading
this, chances are that you’ve at least heard of SOPA. Detractors have compared
the bill to censorship policies in countries such as China, Iran and Syria; the
grassroots effort to stop it have been massive. Administrators from some of the
largest sites in the world have publicly opposed the measure for many reasons,
one of which is that inadvertent violations could sound the death knell for a
website.
Here are ten of the reasons why violating SOPA could be so easy that a
site would be unaware until it was too late. Fortunately, the SOPA
bill is delayed/shelved in Congress right now but it’s still important to
remember the impact it could have some day.
- Vague Language – Though House supporters have claimed that SOPA is designed to protect the intellectual property of Americans from foreign profiteers that illegally distribute content in exchange for advertising and membership revenue, the vague wording of the bill makes it difficult to understand exactly what constitutes a violation and certainly doesn’t offer immunity to inadvertently-offending American sites.
- User-Submitted
Content – If a site
allows any sort of user-submitted content to be posted as part of their
business model, they could very easily find themselves in violation of the
Stop Online Piracy Act. Under the current language of the proposed law,
the owner of the site that hosts the content, the user that posts a link
to the content and the website that allows the user to submit that link
could all potentially be charged with violating the bill.
- The
“Friend-of-a-Friend” Effect – Do
you remember when you were a kid, and the friend of a friend did something
that got you all in trouble? Maybe you weren’t directly involved, and
maybe you didn’t even like that person very much, but your mom still said
that you were “guilty by association.” Under SOPA, the same principal
applies: even if a link to legitimate and legal content housed on another
site is shared, the site that posts the link could be punished if the hosting site
is found to house illegal content as well.
- The
Comments Section – One of
the quickest ways to lose faith in humanity and the education system is to
take a look at the comments section of a YouTube video or comedy article;
comments are almost universally inflammatory and poorly spelled, but
that’s still legal. Should SOPA pass and one trolling user posts
copyrighted material in the comments section, the site would be in
violation and could face blacklisting, blocking of revenue and DNS
blocking.
- Banner
Ads – Aside from being an
irritating part of web-surfing, banner ads are arguably the lifeblood of
the internet. Those blinking, shouting, IQ-test-offering bits of space pay
for the hosting and maintenance of your favorite sites. Depending on how
those ads are distributed, the site admins usually have little to no control
over their content. Foreign companies can (and do) use protected images in
these sites, which could lead to SOPA complaints for the site that hosts
the ad.
- Fair
Use – Copying material
that is copyrighted for “transformative” purposes, such as creating a
parody, is called “fair use,” and has a precedent of use as a legal
defense against infringement claims. SOPA would effectively end the
practice of fair use, as investigation of claims isn’t required in the
current wording of the bill. Hosting currently-allowed fair use images or
content could lead to violation charges.
- Housing
a Discussion Forum – Many
websites dedicated to a niche interest or subject also house a forum for
users to discussed this shared interest. SOPA would make it almost
impossible for sites to allow forums, due to the violating content that
many users have in their signatures and avatars. Even if those users never
shared a single illegal download link, the site could still be in
violation from those avatars and signature panels.
- VPN
Violations – Because the
SOPA wording allows culpability to be extended to anyone aiding someone
who posts copyrighted material, a web-based company that uses a virtual
private network could find themselves facing allegations in the event that
another network user shares illegal content.
- Search
Engine Results – Part of
SOPA’s line of defense against piracy is to require the blocking of
offending sites from search engine results. Should a site that hosts such
content slip through the cracks of a search engine site, that search
engine could be held liable for violations.
- Open
Source Software – For
every expensive piece of software available, there’s a perfectly legal,
user-built open source version. Created by users for users, the open
source format is one of the great accomplishments made possible by
worldwide networking. Companies like Mozilla, whose Firefox browser allows
open source plug-ins, have already come under fire for permitting the
creation and use of plug-ins that would allow access to sites wrongfully
blocked in the event that SOPA passes.
Though there is no
question that piracy is a problem that affects the entertainment industry to
the tune of millions, SOPA is not the solution. While supporters pay
lip-service to the idea of protecting American interests, the bill could
potentially crush the internet as a viable source of start-ups and
entrepreneurial spirit. The inherent riskiness of any web-based venture in a
post-SOPA America would discourage investors from putting money into these
ventures.
Contacts and sources:
Story by Christine Kane
http://www.internetserviceproviders.org/blog/2012/10-reasons-lots-of-websites-violate-sopa-and-dont-know-it/
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