Something the Big Corporations Have Not Considered About SOPA
I have been studying copyright law on my own since I was in HS. And it just hit me: Under post-1978 copyright law, anything you create is copyrighted by law whether you register it or not as soon as it is in final "fixed form." So if someone uploaded something to Youtube they shot themselves, that's theirs, registration or no.
Yet networks take people's footage from the web all the time. Mostly without permission.
So that means that any of THOSE people could take NBC, FOX, CBS, CNN, ABC, all of them, right offline under SOPA as well. No court fight, no nothing. Poof, just like that.
Corporations may believe that only they have copyrights.
Not so. Media giants: the same gun is to your head.
I'd love to agree with you, except that the gun is not SOPA or PIPA. It's money, time, and an army of lawyers. Media corporations have always been able to retroactively buy their way out of any copyright issues with liberal applications of those three, and they always will whether or not they have one of these legislative acts to lubricate the process. The idea they could be hoist on their own petard by pursuing this, bringing about their own comeuppance, is very appealing -- I wish I could imagine it happening. But there's no way they'd ever play by the same rules they set for us.
You're missing the whole point of SOPA, which is how it's designed to save them the trouble of court stuff. Things can be taken online without ANY COURT STUFF AT ALL. Just the demand of the copyright holder, with no recourse, nothing.
So they CAN be hoist by their own petard.
# posted by jlroberson : January 19, 2012 at 5:39:00 PM PST
Addendum: Obviously I meant OFFline. ;)
# posted by jlroberson : January 19, 2012 at 5:46:00 PM PST
No, I get your point, but apparently I didn't convey mine clearly. I'm saying it's more likely takedown notices against major media corporations simply would not be enforced. It might be possible to take down a GE or a Disney...after a long expensive struggle that ended up in a courtroom anyway.
That said, if one of these monstrosities passes (in whatever modified form) I'd still like to see someone (or several someones) try what you suggest!
"Eternity with Beelzebub, and all his hellish instruments of death, will be a picnic compared to five minutes with me and this pencil." - E. Blackadder, 1791 Questionable
words & pictures from John Linton Roberson SUPPORT US AT PATREON!