So what is SOPA then?
It stands for the Stop Online Piracy Act bill that's been proposed in the US to combat the online piracy of music, films, tv shows etc. Sounds like a fair argument? Well yes, but this is not so. In fact the bill is causing a stir throughout the world's online community, and those opposing it include most of the world's largest Internet companies.
The bill has been proposed, but a vote has been postponed due to the global uproar that has surrounded it.
Ok. So what does it do?
The SOPA act will give authority to the US Department of Justice, to shut down any website that is determined to be illegally sharing copyright material.
Who decides if something infringes SOPA, or doesn't?
Well this is where the problems start.
Essentially there will be 2 prosecutors. Major global corporations like US film studios and record labels (the people who hold the copyrights that are being 'infringed'). The US Government could also pursue and prosecute.
If copyright is infringed, they go to the US courts who decide if they have a case. If approved, they can pursue the offending website to get it shut down.
How do they go about it? Especially if the website is from another country?
Trying to bring overseas websites to trial in the US would be a waste of time. Instead, the bill tackles the issue by imposing blocks on the offending sites' web addresses; by blocking them from appearing in search engine results, stopping US Payment Gateways like PayPal from servicing those sites, and by targeting their domain names at root level (blacklisting the domain name itself).
In effect, this is censorship of the Internet, the results of which could kill a website entirely.
Ok, so censorship of the Internet sucks, but why is SOPA such a bad thing?
There are many problems with SOPA, but it all boils down to the way in which it's been worded. As it stands, SOPA gives major corporations 'carte blanche' to persue whoever they want. The only hurdle standing in their way is a case put before a US court, which seems like little resistance for a persuasive corporate legal team. It would therefore give power to such companies and to the US Government, in ways that would infringe on other values that the public are entitled to.
It will stifle creativity and block great ideas coming to life on the web.
SOPA would prohibit the next YouTube or Facebook from coming into existence. Sites like YouTube, Facebook and Reddit are covered by the Digital Millennium Copyright Act (DMCA) which says that if material covered by a copyright is found to be on those sites, they are not held directly responsible, although they must remove the content.
SOPA ignores that, instead holding the owner of the website fully accountable for EVERYTHING on that site. Sites like these will never get started before they get shut down.
Moreover, the bill operates based on accusation alone.
What do I mean by this? It's simple... You are guilty until proven innocent.
Here's an example of how it works...
Say I file a successful claim against you. You have 5 days to appeal before YOUR WEBSITE becomes blacklisted with immediate effect. Measures will begin to inhibit your website to all Internet users. It is down to you to prove your innocence, something you have every right to do, but all the while you'll be watching your website presence diminish until there's nothing left, or your innocence is proven (whichever happens first).
Suppose you are successful.
Once proven innocent the ban would be lifted, but you would still have a black mark against your domain name.
So what can you do to put this right? Sadly nothing. Your trusted domain name is ruined, and there is NO method of recourse to the accuser, because in the eyes of the law they haven't done anything wrong.
This seems a bit extreme. What examples do you have of how this could affect the Internet?
It seems extreme because it is extreme. This bill reach way beyond controlling piracy. It enables controlling and censoring the Internet as a whole. The greatest communication infrastructure mankind has ever known could be controlled by copyright holders, with the power to pick off their competition as they choose, IF this bill is passed.
Here's an article that gives an example of the effects this bill could have. Tom's Hardware is a review site for all things 'tech'. They explain how easily they could be affected by this bill, to the point where their site would cease to exist.
Another example is Comcast, an ISP in the US. ISP's have a special agreement within the SOPA bill, which allows them to shut down sites that they deem are encouraging copyright infringement WITHOUT going through any legal process. As Comcast also own the NBC TV Network, there's a massive conflict of interest where Comcast could inhibit website by NBC's competitors anytime they liked.
Anti SOPA campaigners...
We oppose this bill because we value the Internet as an impartial and open source of information.
SOPA has certainly rocked the Internet community. Companies showing their support having been targeted by anti-SOPA campaigners.
The domain registrar GoDaddy found out what the community are prepared to do in opposition of their support, when around 70,000 domain names where moved away to their competitors in December. They've unsurprisingly retracted their support.
Other supporters who've switched sides include Electronic Arts, Sony Entertainment and Nintendo, as reported by The Inquirer, although this seems a somewhat hollow gesture.
Why? They are still members of the ESA who 'reiterated it's uncategorical support' for the bill.
What can be done to oppose SOPA?
If you're outside the US and want to show your support for the Stop SOPA movement, you can do so by signing up to the Save the Internet Online Petition being run by Avaaz.org.
And finally...
It's probably also worth us just remembering, that ripping off other peoples' content or ideas is not just a 'pirate' thing. Corporates do it when they think they can get away with it, as demonstrated by McVities Biscuits in May 2011 with their embarrassing 'HobRobs' debacle.
When something eventually comes into force there must be restrictions that protect the Internet from loopholes being abused. As it stands, SOPA puts too much power in the hands of those who can't be trusted with it, and that's a scary thought.