Tech at Night

Yes, we beat SOPA, but the problem of foreign infringers is still around. And we’re not just talking about online copyright infringement, either. Copies of clothing, purses, gadgets, you name it: foreign free riders are a problem. It’s an important tradeoff to find, so an open process for the Darrell Issa OPEN Act is a good one. A slow, consensus-based approach is also smart, so I’m glad consensus is what Eric Cantor and John Boehner are demanding from a bill on this topic.

The alternative is picking winners and losers. That’s not good for government to do, even if it’s been a problem for a long time, to the annoyance of Frédéric Bastiat.

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Tech at Night

Sometimes, the anarchists lose. Even in leftist Sweden, The Pirate Bay’s founders lost their last appeal. It’s guys like these, who deliberately put up a system for infringing on US copyrights while playing word games to justify it, that motivated SOPA and that drive the desire for a treaty like ACTA.

Google considers its privacy changes a public policy issue as the firm is getting plenty of criticism. This suggests to me they believe the critics won’t actually stop using Google services like Gmail, but will rather try for government regulation.

Considering Google is implementing a censorship plan much like that Twitter recently announced, and yet you don’t really see the same angry protestors saying they’ll quit using Google services in protest, that did a “Twitter blackout,” I think Google’s right that nobody will quit them over any of this. Hey, people: If you don’t like Google, use somebody else. It’s not that hard.

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Tech at Night

There’s a lot of fear going around about ACTA, the Anti-Counterfeiting Trade Agreement, a plurilateral agreement under the WTO between the US, the EU, Canada, Australia, New Zealand, Singapore, Japan, South Korea, and Morocco. Some of the fears look real, some don’t. For example, even though it was negotiated in secret, the text is easily available.

Another false complaint is that it’s another SOPA, when in fact such a claim misses the point. SOPA was a bad bill, as it turned out to be a censorship bill that defied due process, but the intent was to fight the problem of free riding on copyright and trademark. Crossing international boundaries has been a cheap and easy way to cash in on another country’s copyright and trademark laws without having to abide by them. SOPA tried to fix that in a crude, rude, and ineffective way. ACTA has more options, and doesn’t have to resort to censorship, necessarily.

I’ve just read the treaty. I don’t really see a problem. Even if infringement isn’t ruining the movies and music, trademark and copyright are Constitutional concepts worthy of protection. That’s why some of the anti-SOPA leaders are promoting their own bill.

The pro-liberty position is not one of anarchy. It’s time to get reasonable protections in place. Maybe I missed something, and ACTA is a problem. But the best argument I see against ACTA is that it only includes a few countries, and not those best known for infringement (such as China, either China in fact). ACTA may yet be harmless but ineffective, as opposed to SOPA being harmful and ineffective.

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Tech at Night

So, Google is integrating its websites more. As a result, some privacy settings will apply network-wide, and one site will be able to use data from another site. People are flipping out, naturally. People have been giving Google this data for ages. People have known that Google was watching them, and yet they chose to keep using Google and in fact use one account for many Google services.

Note that the new policy changes nothing about what Google already knew about you. It just changes what certain Google sites will use about you. As Marsha Blackburn and other members of Congress begin to look into it though, Google isn’t helping its case by pleading that it’s alright because certain users are excluded, which just furthers the premise that there’s something wrong with it.

But ultimately, you’re in control of what you do online. Personal responsibility: it’s not just for breakfast anymore.

I feel vindicated though in having about a dozen Google accounts for the limited times I had use for their services, usual in the course of helping somebody else. Different accounts for different uses and different sites. It was never hard. You just had to do it. Oh, and not use their email.

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Tech at Night

Some are still worried about the Megaupload takedown (including many the Obama got the concept right when he said “It’s not right when another country lets our movies, music, and software be pirated.” Foreign countries should not be allowed to be free riders on American copyright.

So I’m glad to hear that Patrick Leahy is open to SOPA alternatives such as the Ron Wyden/Darrell Issa OPEN Act. Follow the money. If money can’t be made from Americans by selling infringing materials back to Americans, then property rights win the day. And we can achieve that goal without censorship.

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Tech at Night

Filesonic stops infringing. I guess the site’s leadership didn’t want to go to jail like Ninjavideo, or get hit like Megaupload did. People put up with ad-laden, obnoxious ‘file sharing’ sites when they want to download something that can’t be distributed legally, by less annoying sites. Everyone knows this.

It’s a good thing that Megaupload was taken down. That was a blow for property rights. But not all in the anti-SOPA coalition support property rights. They don’t want prudent copyright protection laws to fix the problem of foreign free riders, and want us to wink and nod at infringers. Look, even if we repealed the Sonny Bono act, or even the copyright act before that, we’d still have copyrights that needed protection.

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Tech at Night

It was a long fight. I can’t tell you how many times I kept saying that SOPA and PROTECT IP were in trouble. But they’re getting shelved now. Sure, there’s whining about it. And the President still is too cowardly to lead.

Now it’s time to move on to the next step, though, and find a sensible way to attack the foreign infringers, who essentially are free riders on the American copyright system, taking advantage of the scarcity imposed by copyright without themselves respecting the rules that create that scarcity.

You can tell who’s trying to make this into a fight against copyright though, by the way Megaupload is being made out as a victim. When Megaupload in fact was a company that was making big bucks as a place you could stash files for broad distribution without regard for copyright, and they’re rightfully being shut down.

So it’s not surprising that the terror group Anonymous is defending them and attacking the United States of America in the process. This is an anti-American lawless band of thugs that needs to be be made to pay. And they always do get caught. We just have to wonder whether there will be a backlash against an open Internet thanks to that anarchist scum.

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Smith and Reid give in, setting aside SOPA and PROTECT IP

On January 20, 2012, in General, by Neil Stevens

According to Darrell Issa, SOPA is officially postponed by House Judiciary Chairman Lamar Smith. Issa broke the news on Twitter, which only underscores how important it is that we protect the Internet from capricious censorship, as was the risk under a SOPA-like regime.

On the Senate side, Harry Reid has canceled the vote on PROTECT IP, killing momentum for the proposal in both houses of Congress.

Smith’s and Reid’s decisions come on the heels of disgraced former Senator and current MPAA head Chris Dodd calling for cross-industry discussions on property protection. It may have been the death blow for PROTECT IP and SOPA’s biggest industry supporter to start talking compromise, when in the past the Dodd MPAA had taken a hard line against any deviation from the bills.

In other SOPA news, Marsha Blackburn also announced a change of heart on SOPA. I agree with Blackburn’s new position: scrap SOPA and start with something new. Issa’s and Ron Wyden’s OPEN Act is also worthy of consideration.

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Tech at Night: SOPA day wrap-up, and the next fight: taxes

On January 18, 2012, in General, by Neil Stevens
Tech at Night

So, Erick Erickson decided to make a big push against SOPA today, again bringing out the primary threat card. I also had a post on SOPA and PROTECT IP today.

We were heard. On the House side, Speaker John Boehner echoed Majority Leader Eric Cantor, and said the committee needs to find consensus before the bill can get a vote. And again, conservatives like Darrell Issa, Justin Amash, and Jason Chaffetz aren’t going to lie down and quit. So as long as Boehner and Cantor are true to their words, SOPA is dead in the House this Congress.

On the Senate side, of the 16 Republicans co-sponsoring PROTECT IP, I’ve received word of six of them changing their minds. Kelly Ayotte, Roy Blunt, John Boozman, Chuck Grassley, Orrin Hatch, and Marco Rubio are dropping their support. Moe was keeping track, but I think Ayotte flipped after the posted.

The threat of electoral consequences is all a politician will listen to. Democrats know that the online left won’t lift a finger, so Democrats are still backing SOPA and PROTECT IP, much to Markos Moulitsas’s disappointment. We stood on principle, while Daily Kos just whined. We got results, he got blown off.

Erick even tried to make this a bipartisan thing, where both sides would primary the SOPA and PROTECT IP supporters, but he got crickets.

Lamar Smith remains primary target number one though, as he does his best impression of the Saddam Hussein Ministry of Propaganda. The Allies are not in Iraq! SOPA is still in control of the country! It’s all lies! Also, Lamar Smith is himself an E-PARASITE. Will he resign and report to prison?

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Tech at Night: Eric Cantor: SOPA’s dead.

On January 16, 2012, in General, by Neil Stevens
Tech at Night

SOPA is dead in the House, says Majority Leader Eric Cantor, until there is consensus. Since there’s never going to be consensus on Internet censorship, Cantor seems to be saying the issue’s dead in this Congress.

The President went mushy on SOPA, Harry Reid and Senate Democrats decided to push forward, but Eric Cantor, Darrell Issa, and House Republicans want to kill the bill. That’s a clear, bright line, folks.

Turns out primary threats matter more than vague protests.

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Nima Jooyandeh facts.