Stash is being funky, and I'm unable to edit the article for this correction: Stop Online Privacy Act should read Stop Online Piracy Act in the second textual paragraph. Opps. TY!
This is a informative article, outside of the normal DLD activities, to bring awareness to a pair of bills currently under much discussion and debate.
: American Censorship [link]
: Whitehouse petition[link]
: Regarding SOPA & deviantART
Question regarding this from =Blonde-Walf
, answered in comments but edited in here so it doesn't get lost:Can I just clarify a few things?
1 - Why will they block entire sites instead of single pages which break the act?
2 - To what extent will this affect fanart/fiction? Will it have to stop all together, or will it just mean there are tighter rules on how much is copied and how much is the artist's own work and crediting, etc?
That is one change in the wording between PIPA and SOPA: The internet service provider (IE Verizon, Time Warner, etc) has the option to use numeric IP blocking and only block offending pages, or to block from the domain name itself (thus blocking the entire site). One of the problems with this is that blocking the offending pages only would require Deep Packet inspection, a technology that is considered intrusive and that many providers do not have the capability to fulfill. ?[link]
Also, if a provider did block only the offending page, that still leaves the site open for denied payments through their ads, payment providers, and donations. So a two-fold penalty can take place: A link to copyrighted material is found; The page or the site itself is blocked; then Paypal, AdSense, Visa/Mastercard, etc are contacted and told to refuse payment to the host site. Even with deep packet inspections, the site can still be screwed. :/ [link]
Fanfic, I'm not completely familiar on how that will work out. Reports are various- I've read some things that say it'll be a breech, others that say it is immune as a derivative. Under the current copyright laws, "Fanfiction is not infringing if it constitutes fair use of the underlying copyrighted work. In determining whether a particular use constitutes fair use, courts consider the following four factors:
1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.”
In some cases, the copyright and trademark laws concerning it all is about as clear as mud. [link]
: Wikipedia: Legal issues with fan fiction
... Just to expand it a little further, here's a quote citing Flickr as an example. Flickr, like dA, uses Ad-based and pay-perview/pay-per-click banner advertising to support their site, so many of the concerns raised for Flickr also apply to dA. Imagine if one user on dA uploaded a copyrighted font, violated copyright in an image or in a piece of writing, and the effect it has over the entire site. Also note, the complaints are made to the internet providers and payment processors, not to dA (or in the example, Flickr) itself. So dA may not even have the chance to rectify the situation before action is taken.
"Flickr takes copyright issues seriously, and complies with DMCA safe harbor requirements by taking down photos when it gets a valid complaint, establishing a repeat infringer policy, etc.. But it doesn’t proactively monitor its user-generated content for copyright infringement. The language of SOPA is vague enough that an individual or corporate rightsholder could claim this lack of monitoring as “taking … deliberate actions to avoid confirming a high probability of the use of the … site to carry out acts that constitute a violation.” Flickr uses an ad network to place advertisements, and accepts payments for premium accounts. Both of those revenue streams could be suspended in a matter of days by a single complaint, and the process of reactivating them could be long and complex." - (Source: [link]
, What's On the Blacklist? Three Sites That SOPA Could Put at Risk By Parker Higgins)