Congress held hearings to discuss the new technology. Even though it has been available for a number of years, it is a serious threat to large copyright holders. The Motion Picture Industry's chief lobbyist has given stark reality to the situation by saying this new technology "is to the American film producer and the American public as the Boston strangler is to the woman home alone."
The year is 1982 and the technology is the VCR. Eventually, the media lobby is defeated and the supreme court decides Sony should not be held responsible for individuals who record things with their VCRs. However, over time, all the precedent set by main points of the case has been overturned. The media industry successfully lengthened copyrights to ridiculously long periods. Ironically, Sony now makes movies and so has switched sides in the debate.
Here we go again. Currently Congress is debating the most scary set of changes to copyright laws in my lifetime. Under the guise of "protecting jobs," the Stop Online Piracy Act and the PROTECT IP Act of 2011 would give big media businesses the right to shut down any website they deemed likely to have documents that infringe on their copyrights. And they make incidental copyright infringement via streaming a felony. So if you sing a pop song on YouTube you could be convicted of a felony and receive 5 years in prison.
One of the overturned precedents from the Sony case was that a copyright holder must prove a reasonable likelihood of harm from non-commercial private use of their material. That's right, precedent has been overturned and now big media can take away your websites and the burden of proof is on you, not them. (It looks like "Guilty unless you can afford better lawyers than them," to me.)
But don't worry. If this law passes, you won't be able to sing a pop song on YouTube because it would likely be blocked, as could blogger, search engines, twitter, facebook, and loads of other sites that facilitate possible piracy. You'd have to leave the country to visit such sites (but don't bother going to China or Iran, as they already have these restrictions).
The greatest irony is that because the media industries lost their fight against the VCR, video recordings have become their greatest source of profit. However, they still treat the threat of disruptive technology as if it will rob them of all their money. It is as if they think they have the right to prevent any change in the market because their current revenue streams would be altered in some way.
Where is the great watchdog of America -- the free press -- that is supposed to keep an eye on too much centralization of power? Oh yeah. They're owned by the media industry. In the original hearings on the VCR, there was a powerful testimony given by Fred Rogers (of Mr. Rogers' Neighborhood) on behalf of the value of the VCR. I remember watching it. Unfortunately, I can't seem to find it any more. It has been whisked away off of YouTube, Google, and the public conscience.
Do you want to do something? Visit AmericanCensorship to join a lobbying campaign with your local congressional delegation.
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