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Draft Alternative To SOPA Released

Posted by samzenpus on from the try-this-flavor dept.

angry tapir writes "Senator Ron Wyden, an Oregon Democrat, and Representative Darrell Issa, a California Republican, have released a draft version of the Online Protection and Enforcement of Digital Trade (OPEN) Act and posted a copy at KeeptheWebOpen.com. The act is intended to be an alternative to the Stop Online Piracy Act."

17 of 170 comments (clear)

  1. Don't want by Dyinobal · · Score: 5, Insightful

    I don't want an alternative, to SOPA, or ProtectIP. I don't want any new legislation and regulations and useless laws to keep an outmoded business model alive.

    1. Re:Don't want by Anonymous Coward · · Score: 5, Insightful

      I don't want a bill that goes off the concept of being extreme, then "compromise" on a "reasonable" bill. Our existing copyright, patent, and other IP laws have worked well for centuries before the DMCA and other rubbish.

      What worked for the framers of the Constitution should work for us now. End of story.

    2. Re:Don't want by The+Raven · · Score: 5, Insightful

      While I personally disagree with most of the changes to IP that have happened over the past couple decades, this is a shortsighted view. The constitution is good, but imperfect; we cannot hold it as some holy document, unchanging, the word of our holy fathers who art in heaven, blah blah.

      Most people, when they say 'Damnit, we should stop adding to the constitution!' really mean 'Damn, our government is huge and unwieldy, and I think it should be a lot smaller.' They just use 'follow the constitution' as a rallying cry to head toward what they really want (typically tighter fiscal policy and less government intrusion... ie, libertarianism). Please don't be 'most people'. The framers of the Constitution of the United States were unable to appreciate all the changes that progress has brought us, and there will be many changes that existing laws, even ones properly based on a constitutionally sound underpinning, do not handle well.

      'Follow the Constition' is not the end of the story; it was the beginning.

      --
      "I will trust Google to 'do no evil' until the founders no longer run it." Hello Alphabet.
    3. Re:Don't want by Fned · · Score: 5, Insightful

      Our existing copyright, patent, and other IP laws have worked well for centuries before the DMCA and other rubbish.

      What worked for the framers of the Constitution should work for us now. End of story.

      To be fair, there's been a fundamental change in information technology of a sort never before seen in all of history since then.

      The old laws aren't good enough anymore. Copyright, in particular, is in need of a serious overhaul.

      What the authors of SOPA don't get, though, is that no law can make things go back to the way they were, unless that law breaks all the computers. New laws will have to accept the inarguable truth that, for many mediums, copies aren't worth anything anymore, that some other measure of worth is needed in order to encourage creative business models.

    4. Re:Don't want by Runaway1956 · · Score: 5, Insightful

      Then, I hope that you've been writing to the White House, as well as the house and senate. I have been, for years now. Both George Bush and Barack Obama have heard from me, repeatedly on the subject of internet freedom. All of my representatives, as well as a number of representatives that aren't my own.

      This, and all similar acts, treaties, regulations, or whatever name it might go by, need to be shot down. I'm steaming over ACTA - a piece of shit born in secrecy, and jammed up all our orifices, despite any and all objections.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    5. Re:Don't want by Runaway1956 · · Score: 5, Insightful

      "have worked well for centuries before the DMCA and other rubbish."

      The beginnings of the current crisis predates the DMCA by about - ohhhh - 30 years, I'd say. Things started going out of kilter when the copyright laws started to be extended. And, let's blame Walt Disney and his company for much of that. In fact, I'll go further back, and say that things started to become unbalanced around 1950.

      Since you point to the DMCA specifically, I would say that things started to accelerate downhill around the time that Microsoft stated that "This software is licensed, not sold." Without googling, it seems that at one point in time, one could actually "buy" a copy of MS Windows. Then with the next update to Windows, you could no longer "buy" it, you could only rent it, so long as you agreed to that stupid EULA, and understood that Microsoft owns everything on your PC - if not the physical PC itself.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    6. Re:Don't want by wanzeo · · Score: 4, Insightful

      I have met scores of Music Business majors at my university. That's a four year bachelors degree which will run you around 50k. Thats a huge investment to make in an "outmoded business model".

      Now I completely agree with your point, but it is important to keep in mind how powerful the lobbying of an entire industry on the verge of losing their careers can be. It's analogous to the entire health insurance industry drying up if a public option were introduced (And as we saw, it was defeated). So I guess what I'm saying is that if we don't have the robust safety nets in place to handle whole industries becoming obsolete, then we are going to constantly be fighting a bitter fight in congress as they each try to legislate themselves back into business. It's completely predictable, and frankly, understandable human behavior.

    7. Re:Don't want by Anonymous Coward · · Score: 5, Insightful

      The authors of SOPA do very much get that. This is why their law is a first step towards breaking all the computers.

    8. Re:Don't want by AK+Marc · · Score: 3, Insightful

      Without the DMCA, there'd be no need for the safe harbor provisions. So yes, I *do* want it abolished (as well as abolishing the idea that "contrbutory" infringement exists, and statutory damages). Let them sue everyone for everything, and make them prove in open court what their actual damages are.

      --
      Learn to love Alaska
    9. Re:Don't want by bell.colin · · Score: 4, Insightful

      These "Bills" do not amend/modify the constitution, they circumvent it.

      Amending the constitution is fine, but there is right way to do it (constitutional convention,voting, state ratification, etc...), and there is the wrong way (adding legislation by re-defining common terms and trying to work around it because you know there is no way you can successfully modify it when you don't have the votes or issuing executive orders).

  2. They make record profits yet aren't happy by ZorinLynx · · Score: 4, Insightful

    Funny how the media industry has been raking in record profits, but they still feel they need this sort of legislation.

    Search for clips from "The Simpsons" and other popular TV shows on Youtube. Notice you will find little to nothing. The DMCA works, and works well. There's no need for this crap.

    1. Re:They make record profits yet aren't happy by bzipitidoo · · Score: 2, Insightful

      What?! Innocent until proven guilty!

      You shouldn't have to send a counter notice, ever. That's one of the things that's so awful about the DMCA and related ilk. Takedown provisions circumvent due process in the eagerness to harass anyone accused of circumventing copyright. They are routinely abused to harass the innocent. They can be kept too busy defending themselves from accusation spam to do anything else like provide services to customers.

      I didn't think OPEN was going to be any good. After skimming it, I know it's no good.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
  3. Bait & Switch by uutf · · Score: 5, Insightful

    Propose something terrible that'll never go through. If it succeeds LOL. If it fails, then propose something not quite as bad to try to get people to say "well, it's not as bad as what they proposed earlier.." Rinse and repeat until you get what you want - eventually you'll sneak one past the people fighting against it.

  4. Overton by woodsbury · · Score: 5, Insightful

    This springs to mind: http://en.wikipedia.org/wiki/Overton_window

    Do something everyone hates, then "compromise" with something slightly more attractive so that people think they're getting a good deal.

  5. Bait and switch! by theexaptation · · Score: 3, Insightful

    Oh this tactic again.

    Declare something misguided and extreme, see if anyone notices, if so compromise to something slightly less deplorable.

    How about D none of the above?

    I am sick of our government being purchased with campaign *cough*bribes*cough* contributions.

  6. Re:Issa Bad by Archangel+Michael · · Score: 3, Insightful

    So, your assertion of being "criminal" is a vague allegation of arson, and no suspect for that allegation named? Do you hold the Democrats to the same standards of contempt for their criminality? I doubt it.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  7. Doublespeak by organgtool · · Score: 3, Insightful

    Typical use of doublespeak. The first version of the proposed legislation was so abominable that the Business Software Alliance couldn't even get behind it, so now they're re-introducing the law with a name that will be harder for people to oppose. If this version doesn't go through, expect another version of the same legislation under the guise of going after kiddie porn. You politicians are so damn predictable.