Bill S.978 - WHY YOU SHOULD CARE
This Wednesday, November 16, 2011, bill S.978, the Protect IP ACT, will be up for vote in the senate to amend current copywrite law to include streaming as a federal offense (under current law, unauthorized streaming is only a misdemeanor). This bill is also EXTREMELY THREATENING TO YOUR RIGHTS. Both Klobuchar and Coons, senators who proposed the bill, have stated that it would only target websites or people who profit from illegally streaming copyrighted material. The problem with this is that the legislation is worded too broadly to protect ordinary users. Proponents of the legislation claim the law will not target ordinary individuals, but we all know that the real world don't work that way. The outcome of any case brought under this new legislation would be up to the interpretation of the prosecutor.
A key aspect of S.978 seems to be whether a user gains or seeks profit from the material. But when you have an artist like JBiebes, whose YouTube videos led to a super successful career, he could be said to have "gained commercially" from those performances. Meaning that since he made these videos that were originally not-for-porfit, but then made tons of money as a direct result of his videos, he should pay up. The same thing could happen to the Hillywood Girls and their popular Twilight parody videos. They go to Twilight conventions to promote and sell merchandise. What happens when you actively look for donations on your iTunes-hosted podcast or use ad support for your blog/website? What if, for some unknown reason, your shitty fucking fanfic gets turned into a movie? Knowing that it was based on Twilight -- SMeyer might want a cut 'uh dat cheddah. When it comes down to it, "Commercial Infringement" isn’t well defined.
From Open Congress here is a summary of the bill:
"...Makes unauthorized web streaming of copyrighted content a felony with a possible penalty of up to 5 years in prison. Illegal streaming of copyrighted content is defined in the bill as an offense that “consists of 10 or more public performances by electronic means, during any 180-day period, of 1 or more copyrighted works” and has a total economic value, either to the copyright holder or the infringer, of at least $2,500."
Three major changes are incorporated into this bill...
1.Website blocking: The government and corporations can order service providers to block websites for infringing links posted by any users. (Egypt Riots anyone?)
2.Risk of Jail for Ordinary Users (i.e. you, me, everyone we know): It becomes a felony with a potential 5 year sentence to stream a copyrighted work that would cost more than $2,500 to license, even if you are a totally noncommercial user, e.g. singing a pop song on Facebook or your ringtone is caught in the background of a YouTube video.
3.Chaos on Teh Intarwebz: Thousands of sites that are legal under the DMCA would face new legal threats. People trying to keep the internet more secure wouldn't be able to rely on the integrity of the DNS system. A.k.a. the end of Twitter, Facebook, Tumblr, Flickr, YouTube, etc. pretty much any site that allows user generated content.
Here is a list of all the groups in support of the bill and how much money they have contributed to this bill. ALL the supporters are members of the entertainment industry. SHOCK.
This bitch, Senator Amy Klobuchar (D-MN) is a TWIMOM. SHE IS ADVOCATING TO REMOVE YOUR FREEDOM TO MAKE MANIPS, BANNERS, FAN VIDS, IMAGE GALLERIES, FANSITES, FANFICTIONS, BUTTONS, PODCASTS, etc. -- Anything that is not licensed for your use. Her bill claims to not harm casual users not seeking profit, but if you have a subscriber donation/sponsored podcast or a blog/website that is ad supported, YOU DOIN' A NICKLE IN TEH BIG HOUSE, BRAH!
So, I am pleading with you, if you live in the United States of America, I don't care if you're not political, buy all your music and movies legally, don't care about Justin Bieber, don't care about your rights, please sign the petition over at
freebieber.org.
If for nothing else, PROTECT TEH PRONZ!!!1!!111!
Watch now as Klobuchar uses precious, tax-payer time on the senate floor discussing with Supreme Court nominee Elena Kagan the age-old question, "Jacob or Edward?"
P.S. Kagan, for her part, refused to comment on any case that might come before her court. Obviously, she knows it's all about Jacob.
SOURCES:
http://www.pcmag.com/article2/0,2817,2387202,00.asp
http://www.opencongress.org/bill/112-s978/show
http://tpmdc.talkingpointsmemo.com/2011/11/does-a-senate-bill-threaten-internet-freedom.php#more
http://en.wikipedia.org/wiki/Bill_S.978