This op-ed by Cary Sherman, head of the RIAA, is the funniest, angriest, and most ironic op-ed I have read in quite some time. Basically,
she he argues that the challenges to SOPA/PIPA were all damned lies, and that the media industry was helpless to get their message out. Weep for the media industry.
While no legislation is perfect, the Protect Intellectual Property Act (or PIPA) was carefully devised, with nearly unanimous bipartisan support in the Senate, and its House counterpart, the Stop Online Piracy Act (or SOPA), was based on existing statutes and Supreme Court precedents. But at the 11th hour, a flood of e-mails and phone calls to Congress stopped the legislation in its tracks. Was this the result of democracy, or demagoguery?
Misinformation may be a dirty trick, but it works. Consider, for example, the claim that SOPA and PIPA were “censorship,” a loaded and inflammatory term designed to evoke images of crackdowns on pro-democracy Web sites by China or Iran. Since when is it censorship to shut down an operation that an American court, upon a thorough review of evidence, has determined to be illegal? When the police close down a store fencing stolen goods, it isn’t censorship, but when those stolen goods are fenced online, it is? Wikipedia, Google and others manufactured controversy by unfairly equating SOPA with censorship. They also argued misleadingly that the bills would have required Web sites to “monitor” what their users upload, conveniently ignoring provisions like the “No Duty to Monitor” section.
The hyperbolic mistruths, presented on the home pages of some of the world’s most popular Web sites, amounted to an abuse of trust and a misuse of power. When Wikipedia and Google purport to be neutral sources of information, but then exploit their stature to present information that is not only not neutral but affirmatively incomplete and misleading, they are duping their users into accepting as truth what are merely self-serving political declarations.
The EFF published this response.
… it seems to us that the op-ed’s really unfortunate message is that Hollywood still thinks the way forward is for a few executives to sit down together and make a deal. He calls on “the companies” that opposed the bills to come up with “constructive alternatives” and then have a “fact-based conversation” with the entertainment industries. MPAA chair Chris Dodd made a similar call a few weeks ago. Even New York Times op-ed columnist Bill Keller seems to think this comes down to a few “players”: in his own piece on the battle against the bills, he seemed to assume that Wikipedia’s Jimmy Wales is the only person who matters on the other side of this debate.
That’s precisely the wrong approach. It was great to see technology companies and platform hosts like Wikipedia stand up against SOPA and PIPA. But the people Hollywood most needs to consult now are the users of the internet– the millions of people who have found their voice due, in part, to the emergence of technologies and platforms that allow them to speak to a bigger audience then ever before.
The truth is that a broad swath of public interest, consumer rights, and human rights groups were fighting these bills from the get-go, because we saw how they would harm users, not just technology companies and platforms. Due in part to the hard work of this coalition in raising public awareness, millions of those users saw that, too, and that’s why they contacted their Congressional representatives. We weren’t scared by rhetoric, we were scared by what the bills actually proposed, and we were really scared that the proponents didn’t seem to understand their own legislation.
More info here.