The SOPA and PIPA Conundrum

A Monkey Wrench Issue; Issue#3

Attention: Strong language has been used in the writing of this rant.

There's been this little, innocent bill strolling beneath Capitol Hill of late, colloquially dubbed the Stop Online Piracy Act or SOPA for short. It's supposed to be the US Gov. 'final solution' to... well... Online Piracy... See, the US Congress doesn't fool around when naming it's prospective legislation- they're to the point, using catch words even, something that's gonna stick in the publics' mind... Legislation advertising? I'm sure there's something wrong with that...

But anyways, what's SOPA exactly and why the hell would I, an inhabitant of the European continent be interested in US legislation? Well, my dear friend John Bain, aka 'Total Biscuit', who leads the 'Cynical Brit' YouTube channel gives a fairly straightforward explanation, along with some comment and his due criticism. Now, mind you, it is a 20-odd minute video so a fair amount of free time would be needed for complete appreciation (I'm talking to you, Scottie!). I would recommend watching it as it does cover a good amount of stuff regarding SOPA that I am gonna lead off from. Which means that you'd probably not be absolutely in understanding of whatever is written below this point should you decide to skip the video. Anyways, link below:

www.youtube.com/watch?v=JhwuXN…

So apparently SOPA is a legal document that would allow the US Government and all it's feathers (cause the US symbol is that bald eagle they pushed to near extinction) to outright block any online Internet site they deem to be infringing a US-based corporation/organization/company/person/what-have-you's copyrighted rights on a product they might own. And as John explained that act being passed would have a really major bad effect on sites such as Google, YouTube, Facebook... Pretty much anything that can be used to host any type of information. Yes, that puts our own, beloved DeviantArt in the bag as well.

Up until recently, this act (still a bill- which means Congress is still playing Roman Forum (the stereotype of the US Congress) on the issue) has been laid to the side 'until a time the consequences have been better evaluated' or whatever lame reason them gray-hairs gave. However, the bill was once more pushed in front of the spotlight, sparking a rather big public upheaval- Wikipedia gave us the 'black-out' protest, along with a couple other sites; Notch and Mojang- authors of the block-buster (get it?) Minecraft encouraged their community (of which I am part of) to pirate their game and a bunch of rather well-renown game studios began toying with the idea of leaving the ESA (Entertainment Software Association) which does seem to have become rather openly for the bills' passing.

However, Congress is still rather reluctant to decide right about anything on the SOPA/PIPA issue. That doesn't mean things are any less scary... Even if it's on the shelf, it's still a drastic action the mere conception of such a bill... There's a question to be asked here even if they burn the bill in good ol' 100-proof Stolichnaya vodka- If they could write such a thing down, what's to come? And who's to say the next thing they think up won't get passed, regardless the social flak... As John (Total Biscuit) says in his video, some 'critics' are speculating that they are discussing this bill only to shelf it and then pass PIPA on the 'well, it's not as dangerous/damaging/plain ol' bad as SOPA was' reasoning. This however is rather untrue. I've been through both legislation drafts (I deal in law and am rather intrigued about this) and both have the potential to wreck some mean havoc on the Internet world. Granted- PIPA only affects sites based in the US's own territory. But think of it this way- MOST Internet sites (the big ones- YouTube, Google, Facebook, etc... probably even dA) are based (have their main domain) in the US. So it's not really a 'lesser evil', is it now?

Not to mention the international impact of both bills. You, valued reader (read on...), I am guessing, are a US citizen and for you and a good portion of this site, this is internal policy (domestic legislation). However, with this (SOPA) the US government and third-party corporations (non-state-owned ones) can actually prosecute international sites, no matter where they are stationed. This is BIG. If passed, it would be the first legal document giving any one government the power to interact with another's property without considering the other's own legislation.

Think of it this way:
A US stationed corporation, say Budweiser (it's a US beer company, right?) finds something they deem a copyright infringement on a German-based site (say it's just the Bud logo on a pub's site, under 'offered beer' or something).
"Oooh! That's our property! You have no right to it!" they say and threaten to block the entire site worldwide (say it's like the most famous German pub in the world). Naturally, the German site's reaction would be "But our legislation says--"
"Tut-tut!" would the US Corp. cut-in. "SOPA, our own domestic legislation, gives us the right to do this! So get your pants down and turn around..."

Here's something you might like:  The Curious Case of Benjamin Button, I mean Richard O'Dwyer
www.escapistmagazine.com/news/…

Yes, I know it's an Escapist article and their main source is listed as The Guardian, but that paper's still better than the bloody ol' Daily Mail or better yet- Yer Evenin' Standard there, Gov'na!

The first case of a guy being extradited to the US for infringing their copyright laws in another country, namely the UK, where laws on torrent sites and torrent (P2P) sharing is currently a gray area. In fact, no. It's not a gray area. It's legal, in the sense that there is no law directly prohibiting it and the courts (being the snapping ol' champs they are, <3 @ Lord Denning) are reluctant to stretch island-based legislation so they don't risk interfering with EU HR clauses (namely the one on freedom of information and the such) which is gonna bring in waaaay more flak (both domestic and external).

All jests aside- this is basically what it's gonna be if SOPA comes along...

As John (Total Biscuit) stated, EA (Not Activision, he apologized for that mistake) supports the ESA's movement (i.e- supports SOPA). Now, why the hell do they do that? An average Joe would say "Well, of course they do, piracy affects their game revenues!" and that might as well be so. However, SOPA doesn't only affect PirateBay (-Bey, whatever, don't care) and it's many colleagues. SOPA has a direct effect on digital distribution. John only hinted at that near the end, mentioning Valve and STEAM (Valve's digital distribution service). And there we find the actual, corporate-level, commercial answer to EA's decision.

Valve has stated that, while it does not approve of piracy in any way, it fears that SOPA will have a much worse effect on the digital distribution market, naming STEAM as one of its 'victims'. Valve has found a way to battle online piracy by turning their colors and making them a sort of online privateers, although not an accurate comparison. Valve's way, and a much safer, less damaging way at that, on battling online piracy is simple- offer a better service and even get some of the 'pirates' employed in its own system. And at that STEAM has prospered, making it the biggest digital distribution system, at least game-wise.

Now, I bet you all know, EA has recently launched (during the 2011 Eurogamer, to which I were privy) it's own digital distribution service- Origin. Origin has right now, at least for me, proved rather unwanted, if not even unneeded. It made me re-make some parts of my TOR & BioWare accounts, make an EA account, and spend several hours trying to figure what the hell my unique, super-special ID Name is supposed to be, cause apparently it gives you one but doesn't tell you what it actually is, even if you ask real nice and offer it cookies (it did take the cookies, though)...

Anyways, being the monopoly-driven corporate conglomerate, EA naturally wants a cut in Valve's digital distribution market. A cut as big as the whole pie, to be certain. That said, it doesn't seem surprising that EA would encourage SOPA, looking back at it's other recent skirmishes with Valve on the Origin-STEAM issue... For instance, Mass Effect 3 won't be coming to STEAM at launch for that same reason, albeit somewhere hidden in the context (they tried explaining it with how it was because STEAM doesn't update game .exe files and such other nonsense, some of which did have ground).

This does bring me to my next question, one directed directly at EA's upper corporate branch. WHY the bloody goose's fuck would you support legislation that outright stops digital distribution when you yourself have an infant digital distribution system still sucking at your breast?! Are they seriously that desperate to get Valve and STEAM out of the market? Many other companies, Activision being one of them, are openly against SOPA. Their policy towards STEAM being a form of a symbiotic relationship- they provide the game and all the maintenance, STEAM and Valve look after game security, multiplayer, advertisement, etc. Others, as I've said above, while seemingly remaining neutral en-face, have even toyed around with the idea of pulling out of the organization altogether.

Most, if not all, indie game producers, Mojang being at the leading ranks with their 8-bit banner flying high, have been openly outspoken against SOPA and it's PIPA cousin. That is generally easy to grasp- they are 100% dependent on digital distribution to get their wares and products to their large consumer/fan base.

ExtraCreditz, another well-known face on YouTube, along with a bunch other 'celebrities' has even gone to encouraging people to NOT go to the E3 Expo, ESA's biggest and only direct source of funds in an attempt of protest. Here's the video:
www.youtube.com/watch?v=pHOZcH…

I do strongly support that move, even though I am technically unable to attend E3 in any case (E3 being a US-only expo and me being in the UK and too poor for a trip to the States). They also advise people to write to their favorite game studios and bid them to not attend as well. Whether this is going to have any impact or no, remains to be determined...

For the sake of argument, I will give an example of what would happen if you were to contact a pro-SOPA company, namely EA.
As a matter of fact, you can strike out EA right now- it won't back down and will probably tag you as an activist and probable game-pirater... They are sorta eccentric in that notion and rarely do listen to sound reasoning (TORums' staff, anyone?)... As I said, they're taking the role of the monopolistic conglomerate in this play and are hoping (in mine own opinion) that SOPA would push Valve and STEAM out of the Digi-Dis (I'm calling it this now, I swear if I spell it out again I'm gonna brake something) market high seat... In a fight such as that, I dare say EA would probably win out... I mean, look at this:

Valve's STEAM provides a service towards a lot of game developers (including EA). This means it sells their copyrighted material much like a normal, physical store only without the having-a-disk-hassle. Under SOPA or PIPA, this would no longer be possible. STEAM would be forced to either close down completely or continue on distributing it's own products (Half-Life, Portal, TF, etc.).

EA intends Origin as a platform for the Digi-Dis (I'm serious here! Stop laughing!) of its' own products. However. And that be a big however at that. EA is an umbrella corporation- it includes such studios as BioWare, Ubisoft, Visceral, Maxis etc. (off the top of my head). Not to mention, EA is a licensed distributer (not the same as reseller, which STEAM is at the moment) for a lot more other companies- think 20 Century Fox but in the gaming industry. This gives it a much wider array of provided products.

This whole thing means that, in the end, EA's Origin will, in fact, be less affected than Valve's STEAM in the chance that SOPA & PIPA get passed. Although there is still the question about what exactly are they gonna do when Digi-Dis is no longer 'legal'... I'll let the eggheads in the EA Penthouse figure that one out...

I personally think that even if not openly against SOPA, a lot of companies and publishers would actually skip this year's E3, either as a form of silent protest or out of fear from social flak; and in general it wouldn't really be as attended as in previous years. That's to say if this whole thing drags out into June, which I strongly doubt and hope not.

Anyways, back to the big, international picture...
To quote a friend of mine from the OTA, where this whole rant started:

"I hope to God the government doesn't pass it. If they do, it's one more step towards a New World Order. Censored internet in the land of the free."

Now, as I said, it's not just about 'in the land of the free' (well, PIPA is, but it's basically SOPA's little cousin), it's the whole world as it does give the US government the ability (I wouldn't call it power as that word sounds too... powerful and might bring the wrong picture to mind) to intervene and punish another country's property/citizens without any consideration given to its' own laws and the other's policy on the issue...

It's actually a real enigma why the UN hasn't come into this, or at least the EU as a major international entity- the ONLY entity in the world capable of making international legislation, and that only affecting it's own member states...

What the US is doing in the bigger picture (forget copyright and censorship bullshit) is actually trying to pass a legal document in it's own domestic sphere which would enable it to take direct and otherwise unsupervised (by an international body) action in the international sphere... That, as my friend said, is one step towards a 'New World Order'...

And that's what's really bothering me...

Well, I think that's all I have to write right now... If anything else springs up, I'll post it as a comment, or if sufficiently long- as an Issue supplementary...

This is me, Akutou, aka BananaDealer, delivering you another quality rant on the things in life you should be aware of. Now signing out!



More on the SOPA Issue:

The Guardian's own Article on O'Dwyer: www.guardian.co.uk/law/2012/ja…

Techdirt on SOPA and L. Smith's move: www.techdirt.com/articles/2012…

Computerworld's take: www.computerworld.com/s/articl…

BBC on the issue: www.bbc.co.uk/news/technology-…

More from BBC: www.bbc.co.uk/news/technology-…

The Guardian's SOPA Article Gallery: www.guardian.co.uk/technology/…

The Telegraph on SOPA: www.telegraph.co.uk/technology…

The Good Ol' Daily Mail on Wikipedia's 'black-out' protest (oh great...): www.dailymail.co.uk/news/artic…

Wikipedia's own SOPA article: en.wikipedia.org/wiki/Stop_Onl…


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