Dark days: Wikipedia joined several other big sites in going dark to protest at SOPA
US proposals to crack down on copyright are a timely reminder of compliance issues, says Kate Bevan
Social media is awash today with discussion about SOPA, the US Stop Online Piracy bill, and its sister bill, PIPA, both of which are making their way through the US legislature. Indeed, many websites including Reddit and Wikipedia have gone dark today in protest at the potential passage of the bills.
Most of the voices are against the bills, which, broadly speaking, would put the responsibility for policing copyright infringement squarely on to websites. Big websites, such as Wikipedia and Google, and small websites – like yours.
But wait, you cry. I’m not based in the US, and it would be an American law. However, if the bill in its present form passes – and that seems unlikely, given that some of its more draconian provisions have already been watered down – you could well have another compliance issue on your hands.
Broadly speaking, the bill would require any website hosting or linking to material that infringes the copyright of a US entity to take down the dodgy material, or risk a lawsuit. So for example if you’ve put up a video of your chief executive talking at a conference and dubbed, say, a spot of REM on top of it to give it a lift, you could well be subject to a lawsuit from the copyright-holder.
Let’s be clear: you should not do that anyway. Nor should you just help yourself to images from the web to illustrate your annual reports or your company blog, or your main website, nor indeed should you help yourself to any content created by someone else without checking what its licence terms are. Copyright infringement is the bane of the web, and the bane of anyone who creates any kind of content on a commercial basis, whether it’s a freelance writer like me, a photographer, a band, a software developer large or small, or a big Hollywood studio.
The problem is that since the early days of online bulletin boards, it has been easy to pass around digital copies of content. Back the day, sysops maintained a library of stuff to share, including software, setting up the expectation that other people’s work was freely available online.
A great deal of content remains free: amazing software such as the Gimp, which reproduces much of the functionality of Photoshop, for example; the various flavours of Linux; out-of-copyright e-books. People devote time and energy to developing such resources and we should be grateful to them.
But the rest of us have to make a living, and we do it by selling expertise or content. There are of course problems with the way copyright is framed and policed online, and here in the UK, the Gowers review threw up some interesting conclusions and responses to the question of how we deal with copyright in the 21st century.
DRM, the entertainment industry’s answer to the problem, has been clunkily implemented and is easily circumvented. You don’t have to look very hard to find any number of sites hosting links to torrents of copyright material, and as fast as they’re taken down, others spring up. For now, DRM is a very flawed tool, but that, combined with the law, is pretty much the only protection copyright-holders have.
So what’s the problem with SOPA? In its aims, the answer is: nothing. It seeks to protect American copyright-holders by making it much harder for websites hosting or selling pirated material, both inside and outwith the US. However, what’s proposed is the problem. As it stands, the act would allow the US Attorney-General seek a court order to require “a service provider (to) take technically feasible and reasonable measures designed to prevent access by its subscribers located within the United States to the foreign infringing site”.
Until last weekend, that included the possibility of requiring American ISPs to block access to infringing websites via DNS – but that proposal has been canned as a result of fears over the infrastructure of the internet. However, it could require internet behemoths such as Google to take down links to infringing websites – and that is a huge task.
The more vocal opponents talk darkly of threats to free speech, and to the world wide web as a whole. Certainly there are concerns about some of the options: DNS blocking at ISP level has worrying overtones of the kind of censorship imposed by the Great Firewall of China and the restrictions to the internet by other repressive regimes.
Big internet companies complain that they shouldn’t be required to police the web, and they have a point. The debate about requiring UK ISPs to block porn websites touched on the same issues. And the practical issues are immense: nobody has yet come up with a foolproof way to block parts of the web – the tech world is still pointing and laughing at Australia’s A$84m failure to stop porn, which was cracked swiftly by a teenager.
Those big internet companies have a lot to fear from the bill as it stands. The open letter to Washington (pdf) from the founders of big companies including Google, YouTube, Twitter, Wikipedia and others, speaks of the “chilling effect on innovation” and urges Congress not to undermine the web. What that really means is “please, don’t place an expensive legislative burden on us”.
But a business, whether it’s monster-sized, such as Google or Facebook , or small, such as yours, has responsibilities and compliance requirements. To ignore issues of copyright as a business is foolish – you might be flying under the radar now and getting away with “borrowing” the odd photograph or piece of music, but that’s unprofessional, to say the least. And the landscape is changing. This bill might well not make the statute books – it’s too flawed – but that doesn’t mean the legal requirements won’t get tougher in future.
In the meantime, you might want to take a look at your attitude to copyright and see if it could do with scrubbing up a bit cleaner.
Filed under: Kate Bevan | Tagged: business, Congress, copyright, DRM, Google, Gowers review, House of Representatives, IT, SOPA, US government, Wikipedia | Leave a comment »