What is SOPA/PIPA and why should you care?

You've probably heard about the controversy surrounding SOPA and PIPA, but if you're like most people you have no idea what it is, what it means, and why you should care.  SOPA stands for the Stop Online Piracy Act and PIPA stands for the Protect IP Act.  Like most things, they started out with good intentions but have dangerous implications for the future of the internet.

The goal of SOPA and PIPA is to give the government and copyright holders the ability to block access to "rogue websites dedicated to infringing or counterfeit goods," especially those outside of the US.  SOPA is supposed to protect against copyright infringement and would allow copyright owners and/or the US Dept. of Justice to seek court orders against anyone who facilitates or enables those who are infringing on copyrights. The key words are facilitates and enables - notice it doesn't say actually infringing.

So what, you say?  One of the problems with this is that the bills would put the onus of enforcing copyrights on the business community, which is not only ridiculous but downright scary to me.  Under SOPA, if it is determined that someone is allegedly infringing on a copyright, court orders could be filed against companies like:

• search engines who provide links to that site
• merchant services providers who process their payments
• online advertising companies who display their ads
• and internet service providers who provide them internet access

As a business owner I would like to know first of all how we're supposed to keep up with what every one of our clients is doing, and secondly what is the threshold for determining whether a company is "allegedly" infringing on a copyright?  Many times these cases are not black and white but gray, and take years to work themselves through the court system. 

If a company contacts us and accuses a website of copyright infringement, how do we know when to act?  Imagine a competitor making such charges against a site and your company being stuck in the middle of a possibly bogus claim.  And what happens to my company if it takes action against someone and it turns out that they are found not guilty in court?  I foresee huge lawsuits for loss of business and every other charge that can be thrown against the wall.

eWeek, an information technology magazine writes, "The language of SOPA is so broad, the rules so unconnected to the reality of Internet technology and the penalties so disconnected from the alleged crimes that this bill could effectively kill e-commerce or even normal Internet use. The bill also has grave implications for existing U.S., foreign and international laws and is sure to spend decades in court challenges."

So back to my original question - why should you care?  These bills will have the effect of changing the very fundamentals of the internet as you're used to using it.  Your search engine results will be affected as search engines proactively block websites that they may be accused of enabling. If you post any content anywhere on the internet it may be monitored by your ISP or the website you're using. If you have a website that the public contributes to in any way, you'll need to monitor everything that's posted to try to make sure nothing looks like it's infringing on a copyright. (Before you say no, think about comments on blog posts, which have become an important way for companies to communicate with customers)

Rather than taking action against actual lawbreakers, the government is trying to make the average business responsible for enforcing the law.  This is scary on many levels.

And corporations - don't get me started.  Rather than adapting to the new world of marketing and customer relations they're digging in their heels, kicking and screaming, trying to keep things as they've always been.  Try adapting your products in a way that benefits your customers and they'll reward you.  I know that copyright infringement is a huge problem, but you're never going to eliminate it and I don't want to be your enforcer or your pawn.

To the music industry specifically: you have something the infringers don't have and never will have.  You have the artists.  Learn to work with them in ways you've never thought of.  Take a lesson from NBA player Sasha Vujacic and shake it up; find out how a couple of years ago he didn't go the traditional PR route and started interacting with fans differently.  Stop listening to your ad agencies and PR firms who have a vested interest in keeping things like they've always been.  And, please, quit whining and start thinking.

Are you old enough to remember the 70's when music companies screamed that cassette recorders would be the end of the recording industry?  Didn't happen. 

Here's a heads up for fat, lazy companies who are resting on their bank accounts: you either learn to adapt or your company will go under.  Stop charging obscene prices for digital products.  Build relationships with your customers.  Adapt your marketing to today's world. Become customer-centric rather than product-centric (believe me, the product will follow because your customers will tell you what they want).  And, yes, you may need to reorganize and eliminate positions as they become obsolete, but you will end up with a lean strong company. 

Or don't, and become a dinosaur.