Monday, March 12, 2012

WIPO Copyright Treaty

The WIPO Copyright Treaty was enstated by the World Intellectual Property Organization on December 20, 1996. (WIPO, a branch of the United Nations, is based in Geneva, Switzerland.) All copyright rules proposed in the United States have to adhere to the WCT as well as the Constitution.

PROTECT IP

The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PROTECT IP or PIPA) was presented to the Senate on May 12, 2011. It, along with its sister bill SOPA, was proposed with the intent to shut down websites that promote the sharing of media.
They were shelved on January 18, 2012.

Stop Online Piracy Act

The Stop Online Piracy Act (SOPA) was introduced to the House of Representatives on October 26, 2011 by Rep. Lamar Smith. He claimed that the bill, “shall [not] be construed to impose a prior restraint on free speech or the press protected under the 1st Amendment to the Constitution.” However, at the hands of the largest media revolt in history, we are forced to conclude otherwise.
SOPA was officially shelved with its sister bill, PIPA on January 18, 2012.

Senate vs. House of Representatives

While reading these posts, you may notice that I mention the House of Representatives or the Senate very specifically. You may wonder "what's the difference? What does it matter if it's presented to either one?" Here are some key differences between the H.R. and the Senate.
  1.  The House of Representatives is made of members, elected according to population. The Senate has two members from each state, regardless of population.
  2. The House of Representatives has the exclusive power to impeach government officials and to pass financial bills, while the Senate has the sole rights to the advice and consent powers.
  3. Though the H.R. can impeach, the impeached official can go up in the Senate for trial.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act was introduced to the House of Representatives on July 29, 1997 by Rep. Howard Coble. The law was written in accordance with the WIPO Copyright Treaty, or WCT. It made sure that computers, TVs, etc. automatically put a "DRM" on all incoming media. This is similar to the encryption Apple puts on all songs imported into iTunes.
According to the DMCA, it is legal to sell you "uncopyable digital material". But this doesn't work, because as Ed Felton puts it: "[It's like] handing out water that isn't wet."
The DMCA is still in affect, but is ineffective, seeing as we have a billion and a half (that's a guesstimate) hackers all over the world today.

 http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281.ENR:

Audio Home Recording Act of 1992

The Audio Home Recording Act was introduced to the Senate on August 1, 1991 by Senator Dennis DeConcini, and was signed by President George W. Bush in 1992. Bush claimed that ..."AHRA will ensure that American consumers have access to equipment embodying the new digital audio recording technology. It also protects the legitimate rights of our songwriters, performers, and recording companies to be rewarded for their talent, expertise, and capital investment. this will be accomplished by tax payers compensating these artists for the copying of their works and by creating a system that will prevent unfettered copying of digital audio tapes."
But as we can see, that didn't work out (see here)
Thought the Act is still in force, it is largely ignored by the American population, thus the need for further bills such as the Digital Millenium Copyright Act, SOPA and PIPA.

 http://thomas.loc.gov/cgi-bin/query/z?c102:S.1623.ENR:

The Fairness Doctrine

The Fairness Doctrine was introduced by the Federal Communications Commission (FCC) in 1949. It required talk radio stations to air both sides of controversial issues. This was to expose viewers to a variety of viewpoints. But, according to Brian Jennings (author of Censorship: The Threat to Silence Talk Radio) and many other conservative talk radio hosts, talk radio's popularity plummeted. In light of the threat of talk radio coming off the air forever, President Ronald Reagan revoked the Fairness Doctrine on August of 1987, along with a unanimous 4-0 vote from the FCC. It was "formally revoked" in June of 2011. There have been several attempts to reinstate the Fairness Doctrine.