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 Post subject: Re: SOPA, PIPA, ACTA and stuff
PostPosted: Mon Feb 13, 2012 8:55 am 
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Fan enthusiasm and knowledge of technology is always leaps and bounds ahead of the entertainment industry companies and their understanding. That is the unfortunate truth. I wish there were a way to mass distribute content on an international level, but of course the legalities of that are more complex than we can imagine.

The iTunes solution is an inspiring one: give people a legal option to pay for downloads that is SIMPLE TO USE, and they will gravitate towards it. So at least we know that many (perhaps even most) people out there are willing to pay for IP that they download.

This will probably take another decade or two to really sort itself out...

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 Post subject: Re: SOPA, PIPA, ACTA and stuff
PostPosted: Tue Feb 14, 2012 6:34 am 
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Bear McCreary wrote:

The iTunes solution is an inspiring one: give people a legal option to pay for downloads that is SIMPLE TO USE, and they will gravitate towards it. So at least we know that many (perhaps even most) people out there are willing to pay for IP that they download.
...


While iTunes is convenient and easy to use, they need to be more competitive in the pricing department. While I myself have had an iPod for over 3 years, I still buy physical CD's from Amazon because they are almost always less expensive than buying the album on iTunes!

iTunes is great though if you want to buy individual songs.


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 Post subject: Re: SOPA, PIPA, ACTA and stuff
PostPosted: Mon Feb 20, 2012 1:09 pm 
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 Post subject: Re: SOPA, PIPA, ACTA and stuff
PostPosted: Tue Mar 13, 2012 11:55 am 

Joined: Thu Mar 08, 2012 12:24 pm
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I have a question, I really don't know the answer:

If someone has something illegal in one of those rental storage rooms, does the owner of the facility face liability, or does the initial rental contract waive his liability? If so, wouldn't a web service that provides the digital equivalent enjoy the same protection? I really think that these laws are a slippery slope.

I wrote Marsha Blackburn, who is my Representative, and one of the cosigners of the bill. This was her response:

Thank you for contacting meto share your thoughts regarding the Stop Online Privacy Act (SOPA) of2011.Hearing from constituents onissues of concern is important to me as I work to represent our district.



Since my first day inelective office, you, my constituents, and I have had an agreement.Though you may not always agree with me, youwill always know where I stand.Likewise, you will know my reason for making decisions and how I haveapproached that decision making process.With the issues surrounding the specific bills of SOPA, PIPA, OPEN andthe issue of piracy, I owe you the opportunity to hear my thoughts on why I co-sponsored the bill, and why I have decided that the best way to fight onlinepiracy is to scrap all of the bills on the table and start fresh.



In 1996, as the head of theTennessee Film, Entertainment, and Music Commission, I held my first roundtableon the issue of piracy.The issue ofpirated merchandise -- at that point, CDs, movies, and trademarkedmerchandise-- was beginning to be an issue for our performers and contentproducers.They were finding theirpirated works readily available on the streets at a greatly discountedprice.It affected primarily the 'smallstuff'.Some suggested it be leftalone.Most, however, agreed that piracywas wrong and that we needed to find a way to fight back.Just as so often happens, not nippingsomething quickly ends up causing larger problems later.Since 1996, while in the State Senate inTennessee and after going to Congress, I have continued to meet with ourcreators and innovators, from companies large and small, to entrepreneurs workingin the garage to create the next great gadget, to hear their concerns aboutpiracy.Foreign based piracy has quashedfar too many dreams of our Tennessee patent and copyright holders.



In 1998, Congress passedthe Digital Millennium Copyright Act (DMCA) to extend the reach of copyrightprotection on the Internet while also limiting the liability for certaincompanies.The DMCA created a legalregime where a copyright holder could send a 'take down notice' to a domesticsite notifying that the site is hosting infringing material, and then as longas the site takes the material down, the safe harbor provision permits the siteto escape liability for previously hosting the offending material.The DMCA deals with domestic piracy.This is current law.Now we are faced with the challenge ofclosing a loophole that has allowed these cyber criminals to attack fromoverseas.Thus, you have groups ofsoftware developers, content producers, entrepreneurs, and innovators who haveworked together to find a vehicle to address the issue.America is home to over 19 million people whowork in IP-based industries.Thesetalented individuals annually contribute $7.7 trillion to the US GDP, and areresponsible for 60% of our country's exports.



To allow foreign basedpiracy to continue is simply wrong.Itdenies our innovators of their constitutional rights.Article I Section 8 of the constitutionstates: "To promote the Progress of Science and useful Arts, by securing forlimited times to authors and inventors the exclusive right to their respectivewritings and discoveries; to constitute tribunals inferior to the supremecourt; to define and punish piracies and felonies committed on the high seas,and offenses against the law of nations."



Regardless of what a billis called, we can't ignore the threat foreign-based rogue websites pose to themillions of innovators that call America home.Not a day goes by that these hardworking people don't see theirinventions - from pharmaceuticals to ink pens; from aftermarket auto parts tobatteries; from movies to music, to paintings, to heart monitors - ripped off,copied, or infringed upon, and sold at a price point at which they the inventorcannot competitively match.



So, this brings us to thepresent.My advice to House JudiciaryCommittee Chairman Lamar Smith (R-TX) is to start over.House Oversight and Government ReformCommittee Chairman Darrell Issa (R-CA) should do the same.Tear up these bills and let's have a wellinformed discussion of the very real problem of international piracy.I have great affection for many people onall sides of this issue, but we need to cut through the misinformation, developan understanding of what has transpired in the virtual marketplace, define theproblems and assess the risks.Let'sfocus on how this issue should be addressed to protect the innovation that canlead our nation back to an environment of jobs growth and productivity.Our innovators deserve a respectfuldebate.The innovators I have visitedwith don't want to be forced to the International Trade Commission to settletheir claims.They want access to anArticle III court.



In every economicrevolution-from the agricultural revolution, to the industrial revolution, tothe technology revolution-our nation has stood with America's innovators toprotect their intellectual property and private property rights.I will continue to fiercely defend theserights.Today, with a virtual, globalmarketplace, our innovators must know that they will have these protections.



Here is what I wouldsuggest we should do moving forward.Weneed to define the problem as narrowly as possible.All of the stakeholders need to be involved,and it needs to be agreed upon that no harm will be done to the backbone of theinternet, private property rights will be protected, and free speech notabridged.



A piece of legislation tocontinue this defense should be narrowly drawn and should contain 3 provisions:1) due process for the rights holder; 2) common sense financial restrictions onthe pirates; and 3) reaffirming the constitutional protections due to ourcreators.



Despite the protestationsof some of the companies complaining the loudest about piracy legislation, I donot want to see our country get on the slippery slope of denying or notprotecting private property rights.Nordo I want to see any diminishment of our constitution.Those rights are precious and as we look at a21st century global marketplace environment, so we must think long term andstrategically.



As to those of you who haveexpressed concern regarding the shutdown of ideological-based websites, theseconcerns are not found in the existing pieces of legislation.They are found in the Net Neutrality orderthat was passed by the Democrat led FCC on December 23, 2010.Those rules were enacted this November2011-against the wishes of Congress.Many of you have worked with me over the past three years to help buildsupport for my legislation, H.R. 96.Thank you for that support.Iwould appreciate your help with pushing this across the finish line in Congressthis year.Let's rein the FCC back inand prohibit them from establishing priority and value to all content and thenestablish the speed at which that content can be received.I also take issue with paragraph 84, whichrequires our virtual space innovators to file with the FCC before they movetheir inventions from development to concept.This will have such a negative effect on U.S.-based developers that Ifear we would lose our place as the planet's most innovative nation.



As I have done since youfirst elected me, I want to encourage you to talk with me through thisprocess.You know my goal.Let's continue the conversation to have aworthy debate on how we use this to strengthen - not diminish - our greatnation.Rest assured, as Congressreviews this and related issues I will continue to keep your views in mind.



Please know that Iappreciate both your interest and time in contacting us on this issue.As the discussion moves forward on this andother issues, please feel free to visit our website at www.house.gov/blackburnwhere you can sign up for our email update, learn about constituent services,and find the latest legislative news and critical information that affects andconcerns the people of Tennessee.Also,please feel free to stay in touch via Twitter (@MarshaBlackburn) or Facebook(www.facebook.com/marshablackburn).





Sincerely,



Marsha Blackburn

Member ofCongress



MB/


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