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.
Monday, March 12, 2012
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.
- The House of Representatives is made of members, elected according to population. The Senate has two members from each state, regardless of population.
- 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.
- 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:
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:
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.
Thursday, March 8, 2012
Combating Online Infringement and Counterfeits Act
The Combating Online Infringement and Counterfeits Act (or COICA) was introduced to the Senate on September 20, 2010 by Senator Patrick Leahy. It allowed the attorney general to decide if a website violated copyright laws, and use in rem power to shut the it down.
COICA, though originally passed, was shot down by many, including members of the Senate. Senator Ron Wyden took matters into his own hands, and the bill was quickly revoked. It is not in practice today.
http://thomas.loc.gov/cgi-bin/query/z?c111:s3804:
COICA, though originally passed, was shot down by many, including members of the Senate. Senator Ron Wyden took matters into his own hands, and the bill was quickly revoked. It is not in practice today.
http://thomas.loc.gov/cgi-bin/query/z?c111:s3804:
Friday, March 2, 2012
Social Censorship
Protecting the rights of the media companies is not the only reason censorship has been used. Here in Utah, many radio stations take out swear words in songs. Here are some classic examples of social censorship:
Ever since Mark Twain's book The Adventures of Huckleberry Finn was released, it has been removed from several required reading list for it's use of the "n-word", which is considered politically incorrect now.
In the late 1930s up to the early 1950s, Looney Tunes created a series of 11 cartoons that would later be called the "Censored Eleven". These cartoons were removed from syndication for racial slurs and inappropriate interpretation of African Americans.
Green Eggs and Ham was temporarily banned in China, for it's "inappropriate interpretation of Marxism". The ban was lifted in 1991.
Adolf Hitler's book Mein Kampf was banned from several European countries for promoting Hitler's ideas and beliefs.
Book Burnings
Throughout history, book burning has been an effective way of stopping "the enemy's" ideals from "poisoning the minds" of citizens. The following is a timeline of book burning through the ages.
213 B.C.: Emperor Qin Shi Huang orders all books of non-Qin province philosophy to be burned.
31 B.C.- A.D. 476: Romans burns Jewish and Christian scripture all throughout the reign of the Roman Empire.
Abt. 1200-1600: Several popes direct copies of the Talmud to be burned.
Abt. 1500: William Tyndale's English translation of the Bible is burned by priests claiming it is "heresy".
1499: The Spanish Inquisition burns over 5000 Arabic manuscripts
1562: Spanish conquistadors burn sacred Mayan texts
Abt. 1640: Martin Luther's translation of the Bible is burned in Catholic Germany
1730: The Archbishop of Salzburg himself oversees the burning of Protestant bibles.
Abt. 1920: The Soviet Union burns countless numbers of "western" manuscripts
1984: Orthodox Jews burn copies of the New Testament in Jerusalem
1988: The Satanic verse are burned in English towns Bolton and Bradford.
2010: Pastor Terry Jones threatens to burn 200 copies of the Qur'an in retaliation for communist attacks on U.S. Troops.
31 B.C.- A.D. 476: Romans burns Jewish and Christian scripture all throughout the reign of the Roman Empire.
Abt. 1200-1600: Several popes direct copies of the Talmud to be burned.
Abt. 1500: William Tyndale's English translation of the Bible is burned by priests claiming it is "heresy".
1499: The Spanish Inquisition burns over 5000 Arabic manuscripts
1562: Spanish conquistadors burn sacred Mayan texts
Abt. 1640: Martin Luther's translation of the Bible is burned in Catholic Germany
1730: The Archbishop of Salzburg himself oversees the burning of Protestant bibles.
Abt. 1920: The Soviet Union burns countless numbers of "western" manuscripts
1984: Orthodox Jews burn copies of the New Testament in Jerusalem
1988: The Satanic verse are burned in English towns Bolton and Bradford.
2010: Pastor Terry Jones threatens to burn 200 copies of the Qur'an in retaliation for communist attacks on U.S. Troops.
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