Discussion: SOPA, PIPA Stalled: Meet the OPEN Act

Dust2

http://www.pcworld.com/article/24852..._open_act.html

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OPEN would give oversight to the International Trade Commission (ITC) instead of the Justice Department, focuses on foreign-based websites, includes an appeals process, and would apply only to websites that "willfully" promote copyright violation. SOPA and PIPA, in contrast, would enable content owners to take down an entire website, even if just one page on it carried infringing content, and imposed sanctions after accusations -- not requiring a conviction.

Darrell Issa (D-California)According to Issa’s site KeepTheWebOpen, which elucidates the bill in its entirety and asks for people to comment on it, “If the ITC investigation finds that a foreign registered website is ‘primarily’ and ‘willfully’ infringing on the IP rights of a U.S. rights holder, the commission would issue a cease and desist order that would compel payment processors (like Visa and Paypal) and online advertising providers to cease doing business with the foreign site in question. This would cut off financial incentives for this illegal activity and deter these unfair imports from reaching the U.S. market.”

OPEN has received support from technology giants such as Google, Facebook, LinkedIn, Twitter, and others, but the Motion Picture Association of America complains in a statement (PDF) that the bill goes easy on Internet piracy.

Basically, OPEN cuts off the money. Can a website that host files survives without ad revenue and subscription revenue?

OPEN ACT:

1) if a site primarily and willfully host illegal files
2) International Trade Commission investigate and give its ruling
3) cease and desist order that stop payment processors and advertising providers to do business with that site

http://seattletimes.nwsource.com/htm...dit22sopa.html

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His approach would use the International Trade Commission's existing authority to enforce "copyright and trademark infringement as it currently applies to the import of physical goods." Those protections would be extended to the online world.

If ITC investigations revealed a foreign-registered site violated the intellectual property rights of U.S. rights-holders, the trade group would compel those who process domestic payments and advertise the illegal goods to stop.

http://keepthewebopen.com/

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OPEN: Online Protection & ENforcement of Digital Trade Act The OPEN Act secures two fundamental principles. First, Americans have a right to benefit from what they've created. And second, Americans have a right to an open internet. Our duty is to protect these rights. That's why congressional Republicans and Democrats came together to write the OPEN Act.

Chrome

Mzd

Bdawg

I still can't believe Kate Middletons sister was behind one of these acts.

Attitude

Oop.

Dust2

http://keepthewebopen.com/

Quote:

OPEN: Online Protection & ENforcement of Digital Trade Act The OPEN Act secures two fundamental principles. First, Americans have a right to benefit from what they've created. And second, Americans have a right to an open internet. Our duty is to protect these rights. That's why congressional Republicans and Democrats came together to write the OPEN Act.

http://keepthewebopen.com/supporters

Endorse OPEN “We write today to express our support for the legislation…released last week on www.keepthewebopen.com as the Online Protection and Enforcement of Digital Trade (OPEN) Act. This approach targets foreign rogue sites without inflicting collateral damage on legitimate, law-abiding U.S. Internet companies…”

Websites that support OPEN

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-AOL
-EBAY
-Facebook
-Google
-LinkedIn
-mozilla
-twitter
-yahoo
-zinga

Look like it has a lot of supporters in CONGRESS too:

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OPEN Supporters in the House Twitter Page OPEN Supporters in the Senate Twitter Page
Rep. Darrell Issa (R-CA) @darrellissa Sen. Ron Wyden (D-OR) @ronwyden
Rep. Spencer Bachus (R-AL) @bachusal06 Sen. Jerry Moran (R-KS) @jerrymoran
Rep. John Campbell (R-CA) @repjohncampbell Sen. Mark Warner (D-VA) @markwarner
Rep. Jason Chaffetz (R-UT) @jasoninthehouse Sen. Maria Cantwell (D-WA) @us_sen_cantwell
Rep. Peter DeFazio (D-OR) @reppeterdefazio
Rep. Lloyd Doggett (D-TX) @replloyddoggett
Rep. Mike Doyle (D-PA) @usrepmikedoyle
Rep. Anna Eshoo (D-CA) @repannaeshoo
Rep. Blake Farenthold (R-TX) @farenthold
Rep. Raul Grijalva (D-AZ) @repraulgrijalva
Rep. Mike Honda @repmikehonda
Rep. Timothy Johnson (R-IL) @reptimjohnson
Rep. Jim Langevin (D-RI) @jimlangevin
Rep. Zoe Lofgren (D-CA) @repzoelofgren
Rep. Patrick McHenry (R-NC) @patrickmchenry
Rep. George Miller (D-CA) @askgeorge
Rep. Jared Polis (D-CO) @jaredpolis
Rep. Doris Matsui (D-CA) @dorismatsui
Rep. Dennis Ross (R-FL) @repdennisross
Rep. Jim Sensenbrenner (R-WI)
Rep. Jackie Speier (D-CA) @repspeier
Rep. Pete Stark (D-CA) @petestark
Rep. Mike Thompson (D-CA) @repthompson
Rep. Lynn Woolsey @replynnwoolsey

Hollywood is opposed to OPEN. They want SOPA/PIPA. Luckily, SOPA is DEAD.

Dust2

http://idealab.talkingpointsmemo.com...a-and-pipa.php

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Under OPEN, once the ITC receives a complaint that a foreign website contained pirated material, it would be obligated to notify the website of the complaint — a key provision missing from SOPA, where no notification is required.

Further, if the ITC decides a complaint was legitimate, the agency could only force U.S. advertisers and payment companies to cut-off business with the foreign website, NOT search engines or Internet Service Providers, as had previously been required by both SOPA and PIPA. The OPEN Act also narrows the definition of what can websites can be targeted, saying that only those foreign sites that have “a limited purpose” aside from piracy or are clear piracy centers can be considered.

Errrlend

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Originally posted by Bdawg

I still can't believe Kate Middletons sister was behind one of these acts.

Thisisit

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and would apply only to websites that "willfully" promote copyright violation.

At first glance, this seems far more logical and level-headed than that SOPA mess.

Alejandrо

I see their new year resolution is ~~try~~ to end piracy. Good luck.

crazychrisr92

While I do believe this is a TREMENDOUS improvement over SOPA, ACTA, & PIPA, I do believe that some parts are still to vague leaving too much to interpretation...

Doc

What? ITC has to do with fonts, doesn't it?

madonnafan18

They're not giving this up easily.

Hollywood.

Don't they not have more important things to attend to in Washington.

DvnR

It's much more fair and does not mess with my downloads on Tumblr.

Manchs

I didn't understand so much. My english is **** lol

Haus

What does this even mean? File hosting sites can't make money? HOW ARE THEY SUPPOSED TO HOST FILES THEN?

Dust2

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Originally posted by Haus

What does this even mean? File hosting sites can't make money? HOW ARE THEY SUPPOSED TO HOST FILES THEN?

As long as the file hosting sites are NOT primarily’ and ‘willfully’ hosting copyrighted files illegally, they should be fine.

File hosting sites that mostly host copyrighted files illegally, they might be in trouble.