Stopping SOPA

UPDATE: Senator Mark Udall took a clear position opposing PIPA this weekend and Wikipedia is getting a lot of attention for its plan to “go black” on Wednesday in protest of PIPA and SOPA (along with a bunch of other sites, such as Reddit and Boing Boing.

I support sensible tools to limit internet piracy. While I think there is often much to gain by making your intellectual property as widely accessible as possible, I think people who create and own intellectual property – books, film, software code, technical innovations, and the like – deserve to have control over what happens to that property. As an author (my first book will be out next month) and the co-founder of a startup whose success will depend, in part, on building effective software, I believe I should have the right and ability to govern who else uses the intellectual property I create.

But it’s easy to craft anti-piracy tools that get it wrong, and two bills currently under consideration by the U.S. Congress fail miserably. Under the pretense of protecting intellectual property, and I say this as someone whose livelihood is now connected to the creation of intellectual property, both the Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA) overreach in very destructive ways. A bunch of folks have written thorough, cogent explanations of what the bills would do and why they are so harmful to innovation, free speech, and the security of the internet.

The most ominous of their many problems is the way in which they basically enable anyone to force web sites to remove access to other web sites simply by claiming piracy. The structure of intellectual property law in the U.S. is a mess, heavily privileging those with resources over those without, independent of the actual merits of a particular infringement claim. But SOPA and PIPA would actually make it worse by undermining the ability of entrepreneurs to create and protect intellectual property.

Critics span the political spectrum, from the Cato Institute and Heritage Foundation to the Electronic Frontier Foundation to MoveOn.org, and they include technology giants like Google and Facebook, entrepreneurs (e.g., a letter signed by 200 prominent entrepreneurs), publishers (e.g., O’Reilly Media), and investors (e.g., Brad Feld and Fred Wilson) alike. Nonprofit folks like Beth Kanter have been stepping up as well.

In a sense, the fight is about the old media (primarily Hollywood studios and record labels) trying to protect their incumbent but dying business models. Steve Blank has an interesting take on the refusal (inability?) of old media giants to innovate.

Thankfully, the White House is now saying it opposes both bills as well and the tide seems to be turning.

And while this is an important fight in its own right, it’s also a tremendous example of a smart political strategy married to a terrific organizing effort.