After the death of PIPA this morning comes the news that Lamar Smith, the Republican chair of the House Judiciary Committee who planned on resuming the markup of SOPA, the House version of anti-piracy legislation, in February, has put the bill into cold storage. The work of the grassroots coalition did the trick: SOPA and PIPA are dead for now.
U.S. Rep. Lamar Smith (R-Texas) announced today that the House Judiciary Committee, which he heads, “will postpone consideration of the legislation until there is wider agreement on a solution.” Smith added that he has taken critics’ concerns “seriously.”
“It is clear that we need to revisit the approach on how best to address the problem of foreign thieves that steal and sell American inventions and products,” Smith said in today’s statement [...]
“The Committee will continue work with both copyright owners and Internet companies to develop proposals that combat online piracy and protect America’s intellectual property,” Smith said. “We welcome input from all organizations and individuals who have an honest difference of opinion about how best to address this widespread problem. The Committee remains committed to finding a solution to the problem of online piracy that protects American intellectual property and innovation.”
It must have killed Smith to put the stake through the heart of SOPA, considering his own staffers wrote the bill – right before becoming entertainment industry lobbyists.
We’re now going to move into the bargaining phase of this legislation, where everybody steps back and the same lobbyists who pushed for quick passage now play a long game of disarming the opposition with some fig leaf of a compromise. That’s what Chris Dodd wants to work out, what he calls a “dialogue” about protecting intellectual property. “With today’s announcement, we hope the dynamics of the conversation can change and become a sincere discussion about how best to protect the millions of American jobs affected by the theft of American intellectual property,” Dodd wrote. He even wants a meeting between leaders in Hollywood and Silicon Valley, the same meeting that Bob Iger of ABC rejected when Dianne Feinstein tried to set it up. Earlier, Dodd indirectly threatened campaign contributions from Hollywood if they didn’t come up with anti-piracy legislation.
We know the game here. All the Democrats who welcome Hollywood checks talk about addressing concerns and “fixing” the bill, when they’re just trying to get it passed in some form to reward their contributors. In this case, that won’t work at the moment because there’s too much engagement on the issue. Maybe down the road the online energy will cool. This was the explicit strategy of the Chamber of Commerce, for lawmakers to allow the bill onto the floor, with the fixes to appease the tech industry done at that time. Zach Carter also reports there were backroom negotiations between Patrick Leahy and Jon Kyl on a manager’s amendment that would assuage all sides.
But as Ron Wyden says today in a triumphant interview with Greg Sargent, it’s a new day in Congress. The backroom deals collapsed because the people rose up.
“I talked to Senator Schumer last night, and I believe it’s going to be a new day in the Senate,” Wyden said. “What we’ve seen over the last few weeks from the grassroots is a time for the history books.” The win is a triumph over very powerful special interests, such as the U.S. Chamber of Commerce, major content providers, and big unions, who had supported the bills [...]
“We wouldn’t accept this enormous body blow to the architecture of the internet — a technological juggernaut for jobs, innovation, freedom of expression, and the like,” Wyden said. “Democratic progressive values are what the internet is all about. If you’re concerned about income equality or what Occupy Wall Street is talking about, the Internet is where you take on the moneyed interests. The Internet is the equalizer — the voice of the grassroots.”
“What has happened in the last few weeks will permanently change the way citizens communicate with their government,” Wyden concluded. “This is a new day.”
You can see that the lobbyists of the entertainment giants will still work tirelessly to get something passed that asserts their control over the Internet. But this episode does show that activism can work, at least to stop unpopular legislation. Maybe not all the time, but when a lot of energy is thrown into political engagement, sometimes it makes a big difference.




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I finally heard back from DiFi’s office on this. Of course she’s in the tank for the MPAA/RIAA.
I was happy to learn that DiFi has ruled that:
“The bill does not violate First Amendment rights to free speech because copyright piracy is not speech.”
Oh really. That’s like saying unreasonable search and seizure does not violate the fourth amendment, because if you think a search is unreasonable you must have something to hide.
It can only work if you get Republicans on your side.
The way it has always been.
For Now is correct.
I did not know that. Smith (ugh, spit) is my Congressman. I figured there was no point calling him on this one, but I didn’t know it was that bad.
There oughta be a law…
Actually, I had thought that loophole had been closed. Obviously I was wrong.
We must be vigilant.
Unfortunately the “The backroom deals collapsed because the people rose up” while supported by a lot of other powerful corporations and very wealthy people. If the tech industry were not as rich and powerful, the same people could have called, protested, written, signed petitions and the backroom deal would have gone through. While it should be about them, the people are merely of annoyance value.
Now mind you the media corporations now want this more then ever, and believe me they want Google and Wikipedia under strict control so they can never interfere again – the thing is that one thing our callow representatives can sense is power, waning or waxing they know it. Will the power shift back so that the Foxes and the ABC/Disney, Time Warner and NBC/Comcast can win and Google and Amazon be ignored? Time will tell. But other then possibly raising the warning of a repeat attack, the people will have little say in any of it.
Oh, and a newsflash to Mr. Dodd, if you and the industry were so concerned about American jobs, we wouldn’t be able to watch things shot in Canada pretending to be Kansas or Eastern Europe standing in for the South of the Civil War.
The RIAA and MPAA had good reason to believe the bills would pass and solidify their control over their products and ‘content’.
Recall (early 2000′s) that the RIAA (representing the music recording industry) demanded from Verizon (Internet Service Provider) the names and identities of Verizon’s subscriber customers and the records of their online activities. The RIAA believed it could identify Verizon’s users who were massing large files of digitized music, mostly mp3 files, and ‘sharing’ those files with other users around the world.
Verizon refused to give up any names or anything. RIAA took Verizon to court, and ultimately Verizon was ordered to give up the names of the likely ‘offenders’. The ‘offenders’ (one or two, at least) were subsequently sued for monetary damages and lost. (I don’t recall if the penalties were adjudicated in federal court or other jurisdictions.)
It’s very significant that each party — RIAA and Verizon — is part of the giant corporate matrix, are industry titans, who went to court over the issue. It’s probably most significant that Verizon lost the case and was forced to betray its customers. Who knows, maybe Verizon wanted it to go to court where the ambiguities of ‘service’ and ‘provider’ would be clarified and made precedent, and where their TOS ‘agreement’ with their customers would be protected, and Verizon would be held harmless against breach of contract.
I finally got a response back from Al Franken — but only after I wrote NO MORE CONTRIBUTIONS TO YOU AFTER SOPA AND PIPA.
The upshot of his reply: weasel words and “We cannot simply shrug off the threat of online piracy. We cannot do nothing.”
To which I replied, “Screw you, and the Hollywood lobbyist money you rode in on.”
So neither SOPA or PIPA are dead my friends, just taking a break.
Great review and update thanks Mr. D.
As to the future, I sure as heck don’t know, but seniors and the young alike, and everyone in between age wise, is likely to continue to feel something akin to ‘you can pry my free internet from my dead cold hands and keyboard’.
SO. Public outrage over this crap is likely to persist for some time, doncha thank?
You raise excellent points as to WHO was the real influence in backing Congress down . . . well done, n bookmarked for for future reference.
I sure hope more FireBaggers read your comment and get it.