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SOPA: Pot Meet Kettle [2023 Update]

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The Official Merchant Services Blog has late breaking news to report today. Once again we take on the topic of the Stop Online Piracy Act (SOPA). In perhaps the strangest twist to date for the ongoing saga that is the battle between the entertainment industry to curb piracy and the internet industry to keep their business free of government interference on a micromanaged level — Alex Fitzpatrick from mashable.com reports that SOPA has some SOPA issues.

Lamar Smith Copyright Violation

In Fitzpatrick’s article, found here, it is noted that the sponsor of the Stop Online Piracy Act (H.R. 3261) Lamar Smith has a copyright violation on his own website texansforlamarsmith.com.

The article follows a report from Jamie Lee Curtis Taete over at www.vice.com. Taete investigated Lamar Smith’s website for any potential copyright issues. You can see Taete’s investigation here. Taete describes describes the impetus for the investigation: “US Congressman and poor-toupee-colour-chooser Lamar Smith is the guy who authored the Stop Online Piracy Act. SOPA, as I’m sure you know, is the shady bill that will introduce way harsher penalties for companies and individuals caught violating copyright online (including making the unauthorised streaming of copyrighted content a crime which you could actually go to jail for). If the bill passes, it will destroy the internet and, ultimately, turn the world into Mad Max (for more info, go here).

I decided to check that everything on Lamar’s official campaign website was copyright-cleared and above board. Lamar is using several stock images on his site, two of which I tracked back to the same photographic agency. I contacted the agency to make sure he was paying to use them, but was told that it’s very difficult for them to actually check to see if someone has permission to use their images. (Great news, copyright violators!) However, seeing as they’re both from the same agency and are unwatermarked, it seems fairly likely that he is the only person on the entire internet who is actually paying to use a stock image (and he’d be an idiot not to).

So I took a look back at an archived, pre-SOPA version of his site.”

Caught Red Handed

The violation stems from Lamar Smith using this image:

On his site it appeared like this:

Taete fills in the full details of this violation: “I managed to track that picture back to DJ Schulte, the photographer who took it.

And whaddya know? Looks like someone forgot to credit him.

I contacted DJ, to find out if Lamar had asked permission to use the image and he told me that he had no record of Lamar, or anyone from his organization, requesting permission to use it: ‘I switched my images from traditional copyright protection to be protected under the Creative Commons license a few years ago, which simply states that they can use my images as long as they attribute the image to me and do not use it for commercial purposes.

‘I do not see anywhere on the screen capture that you have provided that the image was attributed to the source (me). So my conclusion would be that Lamar Smith’s organisation did improperly use my image. So according to the SOPA bill, should it pass, maybe I could petition the court to take action against www.texansforlamarsmith.com.’

Oh dear. Luckily for DJ, there are people out there like Lamar making new laws to protect the little guy against online copyright theft. Keep fighting that good fight, Lamar!”

No Response Yet

No spokespeople from Lamar Smith have been available for comment on this issue. Maybe when the egg on their faces is removed there’ll be time to address the silliness that stems from the SOPA sponsor not taking enough time to make sure his own site didn’t fall under the extremely broad language that would allow the Department of Justice to shut down his own site.

Luckily for Smith, the bill hasn’t been signed into law just yet, so Google doesn’t have to remove his site from their search engine, and his payment network provider doesn’t have to suspend transactions from the donation portion of his site.

For More Information

To find out more about the Stop Online Piracy Act, you can read the in-depth Host Merchant Services Analysis here.

To read the proposed legislation itself, you can download it here.

Stop Online Piracy Act Controversy [2023 Update]

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The Official Merchant Services Blog is going to be quick today. The Holiday Shopping Season is still going great and merchants are still reaping the rewards of the boost in business. But we wanted to take a moment to step out of the holiday shopping mindset and look toward the future. We’d like to point you to a new law before Congress that could have a huge impact on e-commerce and your company’s website: The Stop Online Piracy Act.

The Basics

Let’s get the basics out of the way first. What is the Stop Online Piracy Act (SOPA)? The Stop Online Piracy Act (SOPA) is also known as H.R. 3261. It was introduced in the House of Representatives on October 26, 2011 by Lamar Smith [R-TX] and a bipartisan group of 12 initial co-sponsors. This bill, intended to help stem online piracy and backed by companies like Disney, Viacom, and Time Warner, has set off the alarms of many sites and companies on the internet because it essentially allows the government and private corporations to censor entire sites that they fear are illegally distributing copyrighted material.

Host Merchant Services has provided an extensive review and analysis of the bill here. We look at the entirety of the law and its controversy, as well as a very focused review of what the law has to say about merchant service providers so that our merchants can get an idea of what is in store for them if this bill passes.

What it Means for Merchants

SOPA is being fueled by the entertainment industry, and as such it contains language that allows for a very broad sweeping attack on copyright infringement –– throughout the internet. A Gamespot Article found here calls it “the law that will break your internet.” What it means for businesses and their websites, as well as payment processors, is the law allows copyright and trademark holders to contact advertisers and others who do business with sites that encourage or even allow infringement to ask them to stop. There is no requirement that those copyright holders contact the offending businesses first.

While on the surface this may seem like a great idea because it does give the Department of Justice the teeth it needs to attack online piracy, opponents of the bill argue that the legislation could have ramifications for innocent companies that provide a storefront for a wide variety of small businesses. With a large site like Amazon or eBay, having to take proactive measures to police piracy among their many sub-merchants is a herculean task that could all be unraveled by just one person with an axe to grind. And that gets right to the heart of the problem with the law: the way it is currently written there would be no way to determine that the person reporting the piracy was being truthful.

In short, your business could be interrupted by your website getting shut down. Your website could get shut down due to a report through one of many different channels. Since payment processors are included in this law, it could be something as simple as someone making a claim of piracy about your site, but doing so against your processor, and so your processor has to suspend your site’s ability to take payments.

Moving Forward

The Official Merchant Services Blog will keep you updated on this law as it develops. Currently the most interesting tidbits are:

  • Maria Pallante, Registrar of U.S. Copyrights, has endorsed the legislation.
  • Lamar Smith, sponsor of the bill, has backed off his initial aggressive support of the stance, and can be quoted as saying “I’m not a technical expert on this. I’m trying to ferret this out.”
  • Microsoft, Apple and other members of the Business Software Alliance have backed away from supporting the bill 5 days after the initial hearing before the House Judiciary Committee.

Any questions about SOPA? What are your feelings about this law? Do you think it could interrupt your business? Do you think it has the potential to be abused by web surfers with an axe to grind? Do you think it can effectively police online piracy?