SOPA - Revisited and Legislation posted

Evidence of reproduction, distribution, or public performance of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright. - in other words it not just having it and posting it...it's about what you do with it.

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By nhalden - 1/18/2012
I started an earlier thread about SOPA and PIPA and had a good debate on the Topic.

Below is the the MEAT of what is being called CRIMINAL in SOPA.

(a) Criminal Infringement-

(1) IN GENERAL- Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed--

(A) for purposes of commercial advantage or private financial gain;

(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, or by the public performance by means of digital transmission, during any 180-day period, of 1 or more copyrighted works, when the total retail value of the copies or phonorecords, or of the public performances, is more than $1,000; or

(C) by the distribution or public performance of a work being prepared for commercial dissemination, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial dissemination.

(2) EVIDENCE- For purposes of this subsection, evidence of reproduction, distribution, or public performance of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright.


The rest of the bill is amendments to the above and legal jargen filler.

THIS IS IT!!!!! - the other half is what they want to do about it. THAT'S IT...


The other side of this coin is what can happen to sites that DO or FACILITATE this. (ie. Chinese site that sells knockoffs)

THIS IS THE REAL AREA THAT I BELIEVE PEOPLE AND SITES HAVE ISSUE WITH.

The government CAN shut down sites and search engines, and content from showing etc...basically stop the disemination of "Commercialized" information without permission. THIS IS CENSORSHIP...BUT it's also copyright protection. The fear of CBM being taken down for example is ridicules. However, the level of censorshhip does have a ripple effect that could impact many sites across the internet that link, link, post, blog, etc...about the infringing content...does that mean they all go bye bye...no absolutely not.

READ THE BILL:
http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.3261:
PIPA is VERY similar

Again the real issue that those in the know have is the extent that the government is reaching to stop the illegal activity. They feel that it's an infringment of their first amendment rights. (debatable)

Those not in the know...think it's the end of the internet and the icons/avatars we use can be the cause of CBM being shut down...NOT TRUE...

And now you know...
DISCLAIMER: This article was submitted by a volunteer contributor who has agreed to our code of conduct. ComicBookMovie.com is protected from liability under "safe harbor" provisions and will disable users who knowingly commit plagiarism, piracy, trademark or copyright infringement. For expeditious removal, contact us HERE.
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Priest - 1/18/2012, 12:29 PM
I guess you also support the Patriot Act and the National Defense Authorization Act.
stopsopapip - 1/18/2012, 12:33 PM
Nicely written article but I don't agree. Click the pic to see my article.




headlopper - 1/18/2012, 12:58 PM
Unemployment is at at 10% and these bureaucratic's want to bust our balls over pasted images and gifs.

Thanks Congress!
nhalden - 1/18/2012, 2:21 PM
Headlopper - that's the thing they don't....and won't.

If you can read the above items and you fall into that criminal category...then you'd have a problem.
headlopper - 1/18/2012, 2:47 PM
@nhalden - I get that. I exaggerated to emphasize my point. Congress uses minor issues such as this one, as a diversionary tactic to avoid tackling the much more serious needs of society.
Ranger14 - 1/18/2012, 2:56 PM
That's the thing. People read media reports and propaganda and then overreact based on that. Read the actual bill before you form an opinion.

Since when is enforcing Copyrights considered censorship? You don't have the freedom to use other people's copyrighted material. While I think the bill needs some more clarification, something should be done. It's ridiculous that there is no regulation of the internet.
joeker - 1/18/2012, 3:00 PM
SOPA is as usefull as a jizzed stained hanker chief
headlopper - 1/18/2012, 3:01 PM
I'll tell you something else: google Wikipedia and see what you get!.....
Kaedus - 1/18/2012, 3:27 PM
So basically, it's ok to look/listen/watch stuff on the internet which has been posted by others, but it's illegal to distribute and post that stuff/

For example, watching a football (soccer) game stream.
Can website posting those be charged, but not those who watch?
frontierpsychiatrist - 1/18/2012, 3:29 PM
WE ARE ANONYMOUS.WE ARE LEGION. WE DO NOT FORGIVE. WE DO NOT FORGET. EXPECT US!!.

frontierpsychiatrist - 1/18/2012, 3:30 PM
I'M GLAD FINALLY THIS TOPIC HAS BEEN BROUGHT ON THE SITE.
QuietStorm - 1/18/2012, 3:31 PM
@headlopper I did just google wikipedia. Whats up with them just taking you to the website? I like google's logo today tho lol.
tomasocelot - 1/18/2012, 3:34 PM
down with Sopa. if they get it passed then except the flood gates to open.
WinterSoldier24 - 1/18/2012, 3:42 PM
You guys are seriously over-reacting. Unless you're the ones breaking the law by infringing on copy-written material, then you have nothing to worry about. It has nothing to do with free porn. Those sites are sponsored by companies with the interest of protecting uploaded viewing material for the public. Again, nothing to do with porn. All these bills seem to be directed towards sites that post movies that are still in the theaters or, without consent from the owners of said products.

If I've mis-read the bills that were being purposed then I'll retract what I've said. Posters like nholden and Ranger14 make the most sense I've read so far.

MORE BOOBS TEA!

=P
CPBuff22 - 1/18/2012, 3:47 PM
Horrible law that is written vague enough that it can be used to shut down any webpage the government doesn't agree with under the "alleged" copyright infringement. The word "alleged" comes up way too many times in said document.
WinterSoldier24 - 1/18/2012, 3:59 PM
@CP I noticed that too lol.
brewtownpsych - 1/18/2012, 4:13 PM
Why would anybody support this? it raises more questions than it solves. Leave it alone the way it is, that is what the OVERWHELMING MAJORITY OF AMERICANS want, they way it is now. We don't need the government or big businesses involved in content, PERIOD.
Ranger14 - 1/18/2012, 4:26 PM
" Leave it alone the way it is, that is what the OVERWHELMING MAJORITY OF AMERICANS want, they way it is now. "

Not sure you have statistics to back that up, but even if you did, those people probably feel that way because they don't want to lose their ability to download free movies, music, etc. That is not a right. The overwhelming majority of Americans would love free Starbucks and Direct TV, but it doesn't make it right for them to get it at the expense of the company that owns it. You would be singing a different tune if you were a comic book writer and someone was posting all of your work for free on the internet and cutting into your earning a living for yourself and family. There's two sides to this issue and it seems most here are looking at it from the one side.
kooldeath - 1/18/2012, 4:34 PM
It's like the 1920's. This will do more harm then good. I actually wrote my Senator and got an auto response. He said that America is losing 135 billion a year do to illegal piracy and that it would created jobs here. Actually no it won't cause this guy and congress let corporate America go overseas to save money and and pays people less then here. He talked about working conditions and crap.
kooldeath - 1/18/2012, 4:44 PM
As long as people can make money on it's not going away. the Government wants it share of profits and control over something it doesn't have control over. What about the greedy corporate people who took 700 billion in tax payers money to bail there ass out of trouble when they where telling customers to bid on certain stocks then taken there money and giving them worthless stuff. Why aren't they in jail ? Taking taxpayer money and giving themselves raising while the economy failed. Now they wanna throw people in jail for listening to some songs or watching a remake of a remake for a movie. It's a double standard when the citizen do something illegal its off to jail when big wigs steal from the people its different and ok.
WinterSoldier24 - 1/18/2012, 5:44 PM
@Ranger14 I agree bro. Most out there just want free handouts for everything. Money makes the economy thrive. If everything was made free for everyone out there, there wouldn't be any kind of quality available for anything. Ever.

Sorry to say, but, money makes the would go around. Whether you like it or not.
CaptainAmerica31 - 1/18/2012, 7:06 PM
I don't like SOPA an I think it should be stopped but @ranger is right people are overreacting to so many things.. And they have a right to b/c this round of congress men are very in trustworthy after two government fiascos and a default scare but don't forget what country you are living in this is AMERICA god dammit sure this round of politicians is corrupt but guess what ?! You can vote those [frick] tards out of there! That is the beauty of this country so yea SOPA is bad and is pipa but they do have a good purpose and will save companies like marvel and DC and music studios money B/C peopel won't be able to get free music from ileagal sites.
CaptainAmerica31 - 1/18/2012, 7:11 PM
Good news key congress men are backing away that is great news! The bills are slowly dieing keep it up! Try and stop it!
niknik - 1/18/2012, 8:12 PM
Keep in mind the driving force behind these bills: The Motion Picture Association and their related entities. They have been trying to get made into law extreme measures to protect their properties for decades. Did you know that they once tried to do away with the VCR??? YEah, thats right. They wanted to eliminate video recording. Brought in a bunch of big wig Hollwood types like Clint Eastwood and had them all address the committee. Even went so far as to equate recording movies off of television with rape and claimed it would result in the complete shut down of the movie industry. Not making this $hit up. The entire transcription of that committee hearing is on the internet.

Fast forward to just 5 or 6 years ago. With the HDMI port now encrypted by requiring a validating "handshake" from one electronic component to the next (say your blu0-ray player connecting to your tv), they introduced a bill trying to eliminate the component video ports on all devices. Make them illegal and no longer available on components sold in the US. They call it the "analog hole". They even wanted require a suicide chip in every device that once it sees an invalid handshake from an hdmi attached component, actually sabotages and destroys said component (that shiny new Blu-Ray player you just bought). Again, not making this $hit up. I am an Electronics System Specialist and I deal with digital video recording systems so I am familiar with all the crap they have been trying to get past consumer groups for years, all in the name of copyright protection.

They dont give a $hit about you the consumer. They only care about money.
sonofsamadams - 1/18/2012, 8:43 PM
For some of you people, read the bill.

It sounds like a good idea on the front page, but the meat and cheese of the context really state that the Internet will be completely controlled by the government and corporations. The U.S. might as well become the next North Korea. It gets passed, we can say bye bye to CBM.com.

THAT. IS. A. FACT.
Gothamkid - 1/18/2012, 10:35 PM
Who is right and who is wrong? Nobody knows what will happen and that is fact.
comicguy88 - 1/18/2012, 10:41 PM
@ frontierpsychiatrist .... I was going to post that as well guess u got to it first ...

"When injustice becomes law. Resistance becomes duty."..Thomas Jefferson

WE ARE ANONYMOUS.WE ARE LEGION. WE DO NOT FORGIVE. WE DO NOT FORGET. EXPECT US!!.
SkaarJones - 1/19/2012, 3:29 AM
Vote out anyone that supports SOPA or PIPA!!! So people are still finding a way to enjoy content during a bad economic period. Celebs are still making money. Record companies are still taking it from them. Movies are still getting big bucks. Redbox, Netflix, etc still making tons of rentals. As the economy gets better, more people are buying tickets, music, etc. When those without jobs are employed and have money to spend they will remember the things they couldn't afford and loved seeing on the internet. Block it now, and there will be a backlash against those that didn't allow the disenfranchised even the crumbs from the internet to make them smile during hard times.
GUNSMITH - 1/19/2012, 3:35 AM
IF IT PASSES..DO YOU KNOW HOW BLAND STUFF WILL BE? IT'S A TYRANY, A FORM OF CONTROL.HONESTLY FOR PEOPLE WHO THINK IT'S NOT SO BAD IT IS, THIS IS A WAY OF GETTING A FOOT IN THE DOOR, GIVE THEM AN INCH THEY'LL GO A MILE....WATCH.
Shaman - 1/19/2012, 7:30 AM
@WinterSoldier24: "If everything was made free for everyone out there, there wouldn't be any kind of quality available for anything. Ever."

I Highly disagree. The reason why money makes the world go round is because we let it. We give it the power it has, to make the world turn. We let ourselves be dictated by the economy. If money didn't exist, there wouldn't be any kind of quality "difference", but "quality" would still very much exist. What that means is that everything would be top of the line because there wouldn't be a need for any cheap knockoffs. If cost doesn't exist, neither does anything that isn't performing as the next best thing. There is a way to come up with a system that has people work for a living without needing any kind of economy. We just haven't seen it yet. Call it our next step towards evolution.
nhalden - 1/19/2012, 9:25 AM
I'm going to make the George Lucas Defense.

A 1 second "No" doesn't ruin the movie. Does it ruin the scene? Yes, do we have other copies to watch if we dont' like it? Yes.

Sites like CBM aren't going to be impacted at all, IMO.
1. A complaint must be made
2. Communication process is gone through
3. Determination is done to ensure infringement has occured - as defined by what's criminal
4. Resolution takes place if found "Criminal"
5. DOES NOT MEAN TAKE DOWN
No one really knows what's going to happen...my money is on nothing at all, won't even notice it...at least nothing to the sites likes this one that are fan driven for commentary and art and news. Sites that actively knockoff, sell, distribute, etc...content as their own or for profit outside of the owners sphere will be looked and handled...as it should be.
nhalden - 1/19/2012, 9:55 AM
Not sure what side of the fence you are on...but that's just not true.

PORN build this city
Bartman87 - 1/19/2012, 10:11 AM
For those who believe that this won't impact you then think again, the legal loopholes are the ones that allow the Government to shut down sites that they deem will be infringe on the Government as well since there are many sites that link to Government sites who is to say that the Government chooses to shut down those sites or sites that distribute information such as military manuals or other government information.

I'm not a conspiracy theorist or anything but with new provisions added to the Patriot Act and the NDAA being signed in to law (a law that states the President can take away the 5th and 6th amendment rights)and now possibly part of the 1st, yes part of the 1st because parody is protected by the 1st amendment and if a complaint is made a site could be shut down due to a parody; which I believe is many sites such as break.com and others like it.
Bartman87 - 1/19/2012, 10:11 AM
and porn parody.
alucard365 - 1/19/2012, 11:12 AM
The Government is out of control, i suggest another Revolution! (:
WinterSoldier24 - 1/19/2012, 4:26 PM
@Shaman Well that's obviously your point of view bud. Most of the population disagrees. Absolute power corrupts absolutely. People in control of "quality" products are going to want some kind of offering in exchange for said products.

Of course you're entitled to your opinion but, that's what that is, bro: your opinion. I understand what you're saying but, what I've said is the truth. You're talking about a form of utopian-coexistment with one another. The society we live in, unfortunately, doesn't work that way and will never be allowed to. People are too greedy and want far too much control over everything. Governments are run by those greedy people. It's a sad fact but it's true.

Maybe it is time for a revolution. =P
OdinsBeard - 1/20/2012, 10:31 AM
[frick] it all i don't care! try and justify it anyway you want the majority of citizens love and use the internet and don't lose money from it. But the majority of people cannot donate half a mil to legistlators. rich people are just trying to make a few dollars more! just because i have a burned copy of your movie doesn't mean that i would purchase it if i didn't have the burned copy. my copy of J Edgar cost me $0 and made the studio $0. if i did not have a copy of that i also would have spent $0 not buying it and the studio would still have made $0 from me. cry me a river. you're all rich enough. look at who supports the bill and who opposese it. then look at how much donation money the supporters have recieved from the entertainment industry... it's all about the $$$$!

pretty soon exchanging trading cards will be copywright infringment.
OdinsBeard - 1/20/2012, 10:32 AM
WinterSoldier@ viva la revolucion!
frontierpsychiatrist - 1/20/2012, 11:54 AM


WE ARE ANONYMOUS.WE ARE LEGION. WE DO NOT FORGIVE. WE DO NOT FORGET. EXPECT US!!.

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