According to several stories out today a group law professors has come strongly out against the PROTECT IP bill, saying that the pending Senate bill “could make it difficult for online advertisers and credit card companies to continue doing business on the Web”
The Protect IP Act provides for court orders forcing Google, Bing and other search engines to stop returning certain results.
In addition, the proposed law would require credit-card companies and advertisers to stop doing business with sites that content owners allege are dedicated to infringement.
The letter was drafted by professors Mark Lemley of Stanford, David Levine of Elon and David Post of Temple. and has so far drawn signatures by more than 90 law professors.
“Giving this enormous new power not just to the government but to any copyright and trademark owner would not only disrupt the operations of the allegedly infringing Web site without a final judgment of wrongdoing, but would make it extraordinarily difficult for advertisers and credit-card companies to do business on the Internet,”
The law professors say that the “practical effect” of the Protect IP Act “would be to kill innovation by technology companies in the media space.”
“Anyone who starts such a company is at risk of having their source of customers and revenue — indeed, their Web site itself — disappear at a moment’s notice,”
Kevin says
Definitely a dangerous piece of legislation with extreme ramifications for everyone who does business on the Internet.
Tj says
Thanks for sharing Mike. This is the first time i have heard about this and if i am reading it correctly – it’s maddening. Big Government just can’t get enough can they? Can they possibly try any harder to meddle and thwart the growth of the people and the economy any further?
As someone who has migrated to some extent away from the ridiculously over-regulated financial services sector (thanks to Dodd-Frank) and having enjoyed learning about the web and the countless possibilities – this news is completely disheartening.
Hope and change? I think not. Despair and suffering might be more like it.
For anyone who cares about preserving and saving opportunity, innovation, and capitalism in this country this is tough news to take and each of us need to take a stand.
I thought it was time to seriously consider moving to Texas to run my business. Now it appears it might just be time to get the hell out of this country if this really comes to pass.
SL says
@Tj: Blah blah blah. The term “Big Government” is a nebulous bogeyman thrown around by those with a partisan political agenda. The actual problem is “Quid Pro Quo Government” and corruption.
This stuff is a direct result of the constant lobbying by all sorts of entities that fill the coffers of our elected officials in Congress. Hollywood donations to the Democrats, the recording industry’s, telecom against the FCC+net neutrality, Chamber of Commerce partisanship, trademark associations, massive 501C abuses by the Republicans, etc.
Direct your displeasure at the source of the problem, not some talking-head spoon feeding sound bites. The problem is reliance of re-election campaign funding on corporate donations and influence, and the corruption that occurs due to the revolving door between government positions and industry (e.g. Meredith Attwell Baker).
Glenn Madden says
Freedom of speech and press is still available, as long as THEY agree with what is said and can control it.
The Internet is a live wire THEY cannot control.
THEY ARE LOOKING FOR WAYS.
MONEY RULES
Platinum Rings says
I say the NAY! Stop this monstrosity! These Law professors are not educated enough to write simple PHP scripts, what makes them able to understand the impact on how the internet is structured much less make ethical comments on some of the practices.
SL is right, we have to stop talking like old has been’s and take the fight back to the lobbyists and poorly informed but educated men/women. Just because you are a professor of one thing (law) you cannot make ethical and moral stand points on something else out of your immediate field of expertise (internet economics and international law)
And while on the subject [totally relevant-ofcourse ;)]
I have been saying that Google is going to be the downfall of the internet. Their power makes them a target, case in point the whole China debacle. Now the whole partially veiled censorship that will tailor make website search result based on browser activity profile.
These are the consequences of unilateral decision making and misguided search for relevancy. To quench the thirst of Google’s advertisers WE are all going to suffer as small companies.
Without IP and COOKIE feedback (which Google pushed to the next level) we might as well start looking to local marketing and city based webservice. NewYorkLawyer.com is relevant for New Yorkers no matter what the IP/Cookie laws restrict.
The IP data helps to be globally relevant but with local advertisers you can still have viable advertising platforms without knowing if the guy clicking on the ad is from Somalia or New Jersey (which is a BIG problem especially thanks to click fraud).
Amazon is going to have the worst time explaining to its affiliates that the cookies/IPs they worked so hard to “plant” inside the computers of web browsers will be illegal.
I can’t do anything from South Africa, but I can sign international petitions. Somebody based in the state where the petition originates needs to get off their high horse and start a counter petition that will atleast request serious revision of the current one being offered.
They may be stupid, over educated and misguided but they have a point. This whole IP thing violates users rights and Google/Bing/Yahoo are taking it to a level which is unhealthy without anybody’s consent or referendum.
But the implications are huge as we all know, much more further than these poor Harvard graduates can predict, because they never advertised with Adwords network and watched as all their money disappears over night; they have no right to decide on everyone’s behalf.
My Solution to the IP problem:- If you do not like your IP being mined and used for nefarious acts of manipulation: switch off your damn computer!
That’s my view and I am sticking to it.
Thoriso
http://www.drmashego.com
(Moderator – if you don’t publish this I am going to scream! It took me 30 min to write this comment.)
Mike Hunt says
The result of this proposed Act will be exactly what it is like if you register a .ae domain in the United Arab Emirates (UAE, better known as Dubai and Abu Dhabi) ,they simply take your domain and will give it to a local person with NO DUE PROCESS AT ALL . There is no complaint, no procedure like with UDRP, they simply will take the domain from you with no argument allowed and next thing you know someone else will own it, usually a local.
We do not want the same for .com and .net
Dan says
Hi,
Update Of Final Letter:
“drafted by professors Mark Lemley of Stanford, David Levine of Elon and David Post of Temple. and has so far drawn signatures by more than 90 law professors.”
http://www.scribd.com/doc/59241037/PROTECT-IP-Letter-Final
___
“D”
Glenn Madden says
Follow up comment to Platinum Rings comment. I do not agree with you “These Law professors are not educated”
It sounds to me the law professors are on the right side. They are “against” the bill.
“According to several stories out today a group law professors has come strongly out against the PROTECT IP bill, saying that the pending Senate bill “could make it difficult for online advertisers and credit card companies to continue doing business on the Web””
“The Protect IP Act provides for court orders forcing Google, Bing and other search engines to stop returning certain results.
In addition, the proposed law would require credit-card companies and advertisers to stop doing business with sites that content owners allege are dedicated to infringement.”
I AM AGAINST THE BILL, I HOPE YOU ARE TOO.
The law professors say that the “practical effect” of the Protect IP Act “would be to kill innovation by technology companies in the media space.”
“Anyone who starts such a company is at risk of having their source of customers and revenue — indeed, their Web site itself — disappear at a moment’s notice,”
I DO NOT WANT THE GOVERNMENT SHUTTING ME DOWN BECAUSE MY COMPETITOR REPORTED ME AS HAVING SOMETHING THEY DO NOT LIKE.
I do not want the goverment controlling the Internet.
tablet says
I agree with the above. I don’t want government controlling the internet too much.
Damien Bizeau says
I am one who also believe the Internet needs government regulation in America (very serious government action in France with new anti-piracy law called HADOPI starting to be officially applied for example). Eric F. Vermote illegally used P2P in Maryland during 2003-2004 (bootlegs & audio files for his car). This man with a IT degree works for NASA & the University of Maryland but went to jail for automobile theft in Florida… he is definitely not at all scrupulous with music too obviously and filed a defamation legal suit in France against me in July 2009 stipulating he never got involved in on-line piracy because he is a manipulative liar & because the case involved never got officially substantiated or couldn’t ever be substantiated; my point is that if the Internet had been better regulated by the US government Eric F. Vermote would not have had the opportunity to lie against me and pretend what I accused him of (on-line piracy) is frivolous. On-line piracy cases almost absolutely never get substantiated unfortunately! Damien Bizeau – Classical Music, France.
Platinum Rings says
That was embarrassing, I misread the post completely :$
I apologize to the 100 or so professors for my outburst. You can count me in against the bill. It is totalitarian and crude.
If it is enforced atleast the businesses that falsely accuse others of infringement to gain market share should be heavily fined and liable for civil suit to replace lost revenue.
Gazzip says
“The result of this proposed Act will be exactly what it is like if you register a .ae domain in the United Arab Emirates (UAE, better known as Dubai and Abu Dhabi) ,they simply take your domain and will give it to a local person with NO DUE PROCESS AT ALL . There is no complaint, no procedure like with UDRP, they simply will take the domain from you with no argument allowed and next thing you know someone else will own it, usually a local.”
——-
@MikeHunt
Has that actually happened to you and if so, what was the domain, does it make a difference if you have developed it ?
I own a few .ae’s and I’d hate to develop one (as intended) just to have it taken away like that.
Thanks
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“I agree with the above. I don’t want government controlling the internet too much.”
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Thats what governments do, they control. They always did and they always will.
The US Government (and others) are a small few steps from financial meltdown so expect more control from all of them as they try to cling on to what they can.
If you don’t beleive me listen to an American Economist, one of many saying the same thing.
youtube.com/watch?v=8P1fihT5B7o&feature=fvst
The Currency War is on and the Big Banksters & the IMF are looting nations of their REAL ASSETS as we speak.
.
james says
If this comes in we will be under the thumb by the rich people !!!! DO NOT LET THIS HAPPEN.
http://NewYorkLasikVision.com says
I agree with the article. Thanks Mike Berkens for sharing the info.