Friday, January 20, 2012

Where Piracy and Free Internet Speech Differ, Overlap


I've been reading about the MegaUpload arrests, the "Anonymous" hackers, and opinions since yesterday, and find that I take neither side, or both sides, on this issue.

Yes, MegaUpload is incredibly useful for starting artists, but they attract the majority of users by offering a platform to upload illegal copies of software, music, and video (ref). At the same time, if a file sharing site exists to allow users to share their own material and public domain material, and some users abuse the platform, it is ridiculous to blame the host for those who slip by unnoticed (this is part of why SOPA was so intensely opposed -- sites such as Facebook and YouTube could be shut down due to user content, and Google would be rendered almost useless as a search engine, since it would have to constantly sort through sites and check to see if there was any copyright restricted material). This grey area makes restrictions difficult, because many file sharing companies would claim to be the latter category when they really are in the former category. Exactly where do we draw the line?

Existing copyright laws prohibit selling or sharing material owned by another person. It now would seem violating copyright law and having any presence at all in the US is enough already (even without SOPA) for extradition to the US (ref).

My personal defaults are set, as always, "better to let ten guilty go free than to punish one innocent." There are far too many grey areas and going after people in other countries over licensing issues is not the best way to keep up our global approval rating. A much better method is to invest in educating Americans on how piracy negatively affects them, such as loss of American jobs, and creating a culture of shame around the act of illegal downloading (remember how well "Don't Mess With Texas" (ref) worked against littering?). The Obama administration caught on to this notion in late November 2011, and started a series of ads to this exact point (ref). Unfortunately, the SOPA took the other route and created a polarized public. Now, if Obama tries the advertising tactic again, it will take much more to convince the public to give serious thought in our role of perpetuating this illegal enterprise.

My main concern is that the destructive actions of hacker group, Anonymous (ref), may push us more into an Us vs Them mentality. After Blackout Day created a tidal wave recognition and concern not only across the United States, but around the world (ref), a number of policians were swayed in their stances (ref). This was an opportunity to open dialog and convince legislators it is indeed necessary to consult professionals in the indestry before attempting to completely redefine how it functions. Hopefully, backlash against Anonymous hacks won't undo this progress.

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