Twice now, this blog has strayed onto the subject of legal bills attempting to in some way regulate the internet, based on the idea that it violates certain copyright restrictions, and everything suggests that SOPA, PIPA and ACTA will not be the last of such attempts (unless ACTA is so successful that it not only gets ratified, but also renders the internet functionally brain-dead). However, a while ago I caught myself wondering exactly why the internet gets targeted with these bills at all. There are two angles to take with regards to this problem; why there is any cause for the internet to be targeted with these bills, and why this particular problem has bills dedicated to it, rather than simply being left alone.
To begin with the second one of these- why the web? Copyright violation most definitely existed before the internet’s invention, and many a pirate business even nowadays may be run without even venturing online. All that’s required is a copy of whatever you’re pirating, some cheap software, and a lot of blank discs (or USB’s or hard drives or whatever). However, such operations tended to be necessarily small-scale in order to avoid detection, and because the market really isn’t large enough to sustain a larger-scale operation. It’s rather off-putting actually acquiring pirated stuff in real life, as it feels slightly wrong- on the web, however, it’s far easier and more relaxed. Thus, rather than a small, fairly meaningless operation, on the internet (which is, remember a throbbing network with literally billions of users) piracy is huge- exactly how big is hard to tell, but it’s a fairly safe bet that it’s bigger than a few blokes flogging ripped off DVD’s out of the boot of a car. This therefore presents a far more significant loss of potential earnings than the more traditional market, and is subsequently a bigger issue.
However, perhaps more important than the scale of the operation is that it’s actually a fairly easy one to target. Modern police will struggle to catch massive-scale drugs lords or crime barons, because the real world is one in which it’s very easy to hide, sneak, bury information and bribe. It can be impossible to find the spider at the centre of the web, and even if he can be found, harder still to pin anything on him. Online however is a different story- sites violating the law are easy to find for anyone with a web connection, and their IP address is basically put on display as a massive ‘LOOK HERE’ notice, making potential criminals easy to find and locate. The web is a collective entity, the virtual equivalent of a large and fairly open ghetto- it’s very easy to collectively target and wrap up the whole shabang. Put simply, dealing with the internet, if a bill were to get through, would be very, very easy
But… why the cause for dispute in the first place? It’s an interesting quandary, because the web doesn’t consider what it’s doing to be wrong anyway. This is partly because much of what a corporation might consider piracy online isn’t technically illegal- as long as nothing gets downloaded or made a hard copy of, streaming a video isn’t against the law. It’s the virtual equivalent of inviting your mates round to watch a film (although technically, since a lot of commercial DVD’s are ‘NOT FOR PUBLIC PERFORMANCE’, this is strictly speaking illegal too- not so online as there is no way to prove it’s not from a public performance copy). Downloading copyrighted content is illegal and is punishable by existing law, but this currently often goes unregulated because the problem is so widespread and the punishment for the crimes so small that it is simply too much bother for effective regulation. The only reason Napster got hit so hard when it was offering free downloads is because it was shifting stuff by the millions, and because it was the only one out there. One of the great benefits that bills like SOPA offered to big corporations was a quick, easy solution to crack down on copyright violators, and which didn’t entail lengthy, costly and inconvenient court proceedings.
However, downloading is a far smaller ‘problem’ than people streaming stuff from Megavideo and YouTube, which happens on a gigantic scale- think how many views the last music video you saw on YouTube had. This is what corporations are attempting to stop- the mass distribution of their content via free sharing of it online, which to them represents a potentially huge loss in income. To what extent it does cost them money, and to what extent it actually gets them more publicity is somewhat up for debate, but in the minds of corporations its enough of a problem to try and force through SOPA and PIPA.
This, really is the nub of the matter- the web and the world of business have a different definition of what constitutes violation of copyrighted content. To the internet, all the streaming and similar is simply sharing, and this is a reflection of the internet’s overarching philosophy- that everything should be free and open to everyone, without corporate influence (a principle which is astoundingly not adhered to when one thinks of the level of control exerted by Facebook and Google, but that’s another story in itself). To a corporation however, streaming on the huge scale of the web is stealing- simple as that. And it is this difference of opinion that has led to such controversy surrounding web-controlling bills.
If the next bill proposed to combat online piracy were simply one that increased the powers corporations could take the prevent illegal downloading of copyrighted content, I don’t think anyone could really complain- it’s already definitely illegal, those doing it know that they really shouldn’t and if anyone wants to grumble then they can probably stream it anyway. The contentious part of all the bills thus far have been those which attempt to restrict the streaming and sharing of such content online- and this is one battle that is not going to go away. At the moment, the law is on the side of the web. Whether that will stay the case remains to be seen…