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Legal Issues Library Issues

SOPA and Publishers

Here is a list of all of the companies signed to SOPA (which, while delayed until after the first of the year, isn’t dead):
Companies supporting SOPA

While there are a few surprises (GoDaddy? A DNS company that supports breaking DNS? Huh?) most of the names on the list are exactly who you’d expect: copyright holders that are clearly desperate to hold on to their business model. These happen to include publishers like Hachette, Harper-Collins, Macmillan, Elsevier, Hyperion, McGraw-Hill, Pearson Education, Penguin, Random House, Scholastic, and Norton. Not to mention all of the video/music companies that produce content that libraries spend money on: Sony, Universal, Disney, etc.

For those who aren’t keeping up with SOPA and PIPA and what exactly it is that the above companies are suggesting, let’s be clear: SOPA and PIPA are both so completely bad that I have trouble describing how bad they really are. I consider myself a writer, and I have trouble conjuring forth a description about just how incredibly fucked the USA would be if we allow these ridiculous bills to pass into law. So I’ll let someone else say it for me. Mr. Savage:

Make no mistake: These bills aren’t simply unconstitutional, they are anticonstitutional. They would allow for the wholesale elimination of entire websites, domain names, and chunks of the DNS (the underlying structure of the whole Internet), based on nothing more than the “good faith” assertion by a single party that the website is infringing on a copyright of the complainant.

Or maybe Mr. Dotorow? Or how about, oh…the engineers who built the Internet in the first place? Or maybe even the Stanford Law Review? All of them agree (as do I) that SOPA and PIPA would break the fundamental way that the Internet works, making the US into a third-world-country of ‘net access, and threatening the very concept of Free Speech online.

These are agressive, wrong headed pieces of legislation that attempt to find a technical solution to a legislative problem…we already have laws that punish individuals who infringe upon copyrights. This would be the equivalent of legislating the ability for private companies to decide to close down roads and revoke your drivers license just because someone claimed they saw you take a drink, instead of simply having and enforcing laws against driving under the influence.

So what can libraries do? I think we should let these signatories know that we disagree fundamentally with SOPA and PIPA and indeed any law that would lessen the freedom of speech on the Internet. Tell everyone you speak with at these companies that this is not the sort of thing that we will support. If SOPA and PIPA are still on the table at the time of ALA Midwinter, I plan to try to speak with as many employees of these companies as I can about this. I suggest you do the same.