UPDATE: The update from this morning is that Harry Reid has postponed work on the bill. Go read that.
We are very close to being able to predict a loss for the Protect IP Act, or PIPA, in next week’s cloture vote in the Senate. According to the Open Congress whip count, which is user-generated and seems to have the most updated information, 33 Senators are either co-sponsors or leaning toward supporting PIPA, and 38 Senators are either confirmed No votes or leaning that way. As we all know, it takes 41 votes to block a cloture vote. So if the leaners pan out we’ll see cloture go down.
To those seeking consistency in all things: I would prefer a Senate where a majority vote passed a bill into law. But 1) I don’t get to rewrite the rules, and if supermajority requirements are hurdles for good things, for consistency’s sake they should be hurdles for bad things; and 2) at the rate we’re going, I don’t even think that the bill gets a majority on cloture. The National Review came out against it today:
It is doubtful that either SOPA or PIPA would have done much to slow down online pirates, any more than a stack of legislation would slow down spam e-mails or enticing offers from fictitious Nigerian financial officials. SOPA and PIPA would have allowed the government to require search engines, Internet service providers, online-advertising networks, and the like to block access to sites designated as being mainly involved in the criminal activity of distributing pirated material. Websites facing such complaints would have a process to appeal their designation, though the worst offenders would of course have no incentive to do so, their guilt being plain and undeniable. Instead, the full-time pirates would have a very strong incentive to simply switch to another website, or to a proliferation of websites, or to deploy any number of commonly available technological solutions to defeat government attempts to block them. Here should implies can, and can is doubtful [...]
While too much was made of this legislation’s potential for abuse, the potential, though modest, is real, as it is with all police powers. We strongly prefer to keep Washington’s 535 legislative noses and their countless bureaucratic counterparts out of the Internet.
From the other side of the coin, you have Matt Yglesias:
Much of the debate about SOPA and PIPA has thus far centered around the entertainment industry’s absurdly inflated claims about the economic harm of copyright infringement. When making these calculations, intellectual property owners tend to assume that every unauthorized download represents a lost sale. This is clearly false. Often people copy a file illegally precisely because they’re unwilling to pay the market price. Were unauthorized copying not an option, they would simply not watch the movie or listen to the album [...]
After all, things like public libraries, used bookstores, and the widespread practice of lending books to friends all cost publishers money. But nobody (I hope) is going to introduce the Stop Used Bookstores Now Act purely on these grounds. The public policy question is not whether the libraries are bad for publishers, but whether libraries are beneficial on balance.
By the same token, even when copyright infringement does lead to real loss of revenue to copyright owners , it’s not as if the money vanishes into a black hole. Suppose Joe Downloader uses BitTorrent to get a free copy of Beggars Banquet rather than forking over $7.99 to Amazon, and then goes out to eat some pizza. In this case, the Rolling Stones’ loss is the pizzeria’s gain and Joe gets to listen to a classic album. It’s at least not obvious that we should regard this, on balance, as harmful.
Both editorials raise some intriguing questions, but come at them from completely different perspectives. And yet both make compelling arguments against a draconian piece of legislation that throws the burden of intellectual property protection onto third-party Web sites, and creates plenty of opportunity for censorship of the Web, to say nothing of breaking the essential architecture of the Internet and increasing the possibilities for abuse.
Now, given all this, and the amazing activist energy arrayed against this bill, why in the world is Harry Reid still planning a vote on this thing on Tuesday? He’s sending his own members into a wood chipper by forcing them to choose between Hollywood lobbyist money and their constituents. Isn’t this the type of thing a Majority Leader protects against?




18 Comments

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Sorry to be a cynic but I think it will pass. They are all just laying low until the vote on Tuesday when lo-and-behold there will be 61 senators that vote for cloture. And then what can happen? Obama isn’t going to veto it (no matter what he says), the people are still going to vote for the same politicians (and they know it) and all will go as planned. That’s my prediction anyway.
You’re right to be cynical. Approval of Congress is down to 11%. But each time one of these issues serves to unmask the lobbies and the people they’ve bought (Senator Dodd)? We get closer to a real reform movement and political realignment.
Hope that there are 41 votes against. Interesting, though, that we are now officially in favor of the filibuster.
There is nothing interesting about it. I’ve never been against the filibuster. I’m against rule 22. These traitors should have to stand and debate.
Republicans, including all four of the remaining presidential contenders, are abandoning SOPA and PIPA in droves. Meanwhile, net-neutrality Dems, e.g., Al Franken and Patrick Leahy are signing up as co-sponsors, and Harry Reid is bringing PIPA to a vote. WTF?
So long as that the rule, we should take advantage of it.
If some racing team wants a rule change to smaller engines, it would not be hypocritical of them to continue using the largest engine still allowed. Nor do I believe Warren Buffet is a hypocrite for continuing to pay the current tax rate, which he considers absurdly low.
PIPA may be a few votes from defeat and SOPA may be all washed up (not that I would count on either), but ya know what? It’s irrelevant. It really is.
Rather than try to explain it myself, I defer to the often profane but none the less often right, often prescient Arthur Silber:
That’s just a tease. Much more at the link. And Silber ties the disparate threads that are being woven into cloth together in a way that helps show the plan for the final tapestry we’re going to see hung from the walls of power. It really isn’t just about the internet. Not at all.
Bullshit. I can hear the potential echoes now: “Who could have anticipated?”
“Too much” would be an accurate description of the credence given to the National Revue’s opinion. Most thinking people have had it up to our frigging eyeballs with “too much” of the erosion of civil liberties in this country.
You’re probably right. I called Al Franken and let his person know that I did not think he should be supporting this legislation. She said it was good for the economy. I said “Neither you, or I, know the actual details of the legislation, and since Al Franken has received almost 800K from the industries pushing the bills, he should not be involved in promoting them, or even voting on them.” She didn’t like that.
Today we see that the FBI arrested the people operating Megaupload.com. I guess they actually do have recourse to stop blatant piracy–already. So why do they need these bills?
Excuse me for answering my own question. The reason they want these laws is because the “content providers” (sounds a lot like “job creators” doesn’t it?) turn green with greed and envy every time they see someone’s video of a cockatoo dancing to a Britney Spears song–a few pennies they could have sucked up–theoretically.
On MegaUpload, I’ll just say that the system our government now has in place for dealing with these alleged crimes against intellectual property remind me of something out of Alice in Wonderland: Sentence first, verdict afterwards.
Yes, the verdict on those charged is not yet here. But the verdict on the web site? Done and done. And there is some real perversity here. As Makarov said in an earlier thread at TalkLeft, ““…the DOJ actually uses the lack of a searchable index for material on Megaupload as evidence of the “Conspiracy” to mask their alleged copyright violations. So, by making it harder for people to locate unauthorized copies on their servers, they actually commit a felony. Ha.”
Who needs SOPA or PIPA when the government already claims this kind of power? But enough of me. Go read Arthur Silber.
Good link
Two facets of the PIPA and SOPA struggle are pathbreaking:
First, there is a complete division within corporate America on the legislation, with internet giants such as Google actively opposing it. This is in contrast to the united front big business typically takes on legislation that benefits one of its sectors, even if another sector is harmed, for example, the reluctance of manufacturers to support single-payer health coverage even though their bottom lines are greatly harmed by rising medical costs largely attributable to gouging by the insurance, HMO, and pharmaceutical industries.
Second, there is a completely non-partisan basis of support and opposition to the bill. Democrats are proving not to be more pro-consumer on this issue than Republicans. In Illinois, for example, Democratic Senator Durbin supports PIPA, whereas Republican Senator Kirk opposes it.
It may be that the exponential growth of the internet, and the big companies it has spawned, has had the effect of fundamentally splitting corporate America and its political arm so that it is no longer a single entity. If the PIPA struggle is a foreshadowing of things to come, there is a real opening for a strong people’s movement (and it is so nice to finally have some big money supporters on our side).
G’morning
For the Latest on PIPA, Vote Postponed.
Yup. And as others have already pointed out, Al Franken also supports this bill. And Patrick Leahy too. But as I said previously, it’s not really relevant. We’re already past that point. Way past.
Until AFTER the “election”
Al Franken supports this bill. Bernie Sanders supports this bill. Everyone we thought were our allies have betrayed us. There are other parties — the Greens, the Justice Party, the Socialists.
True, very true. As I heard Ralph Nader say the other day on CNN it only takes 1%-2% of the population to effect change.