Internet theft is a problem. Stealing another person’s ideas, creations and inventions deprives authors, artists and entrepreneurs proper credit and compensation. That leaves them with little incentive to continue their contributions. This is terrible for innovation, economic growth and prosperity. So is the Stop Online Piracy Act (SOPA).
Drawn up by U.S. lawmakers angry at “rogue” websites that post content such as movies, music, books and articles without permission, it is a bill that would stop copyright infringement and, thereby, the millions that are lost to piracy. This is important, as Michigan Congressman John Conyers notes. “Millions of American jobs hang in the balance, and our efforts to protect America’s intellectual property are critical to our economy’s long-term success.” Trouble is, SOPA doesn’t do that.
The act would allow the government to go after and block websites and search engines that post or link protected content without permission. How it defines protected content is the problem. It is eager to take down foreign sites, particularly in China, that blatantly and continually violate intellectual property rights. In doing so, however, it would affect legitimate and law-abiding start-up sites like Twitter, Birchbox, Etsy, Foursquare and Pinterest that curate content from different sources. Under SOPA that’s a no.
More importantly, under growing unemployment and financial problems in America it’s insane. Twitter and other tech start-ups have been a source of much-needed job creation, growth and capital flows. The venture capital these ventures have raised bolsters an otherwise stagnant economy. The United States as well as the global economy needs to encourage their creations. By threatening to sue or shut them down, SOPA only threatens to drive them and their investments overseas. Venture capitalists have said that they would stop funding digital media start-ups if SOPA becomes law.
All these negative consequences and SOPA won’t solve the actual problem of intellectual property theft.
Entrepreneurs in the developing world are faced with insurmountable obstacles that get in the way of operating their enterprises. Good governance eludes Afghan telecom operator Roshan. A weak rule of law has made it difficult for Cambodia-based Rin Seyha to sue a copycat that stole intellectual property from his energy enterprise SME Renewables. Censorship inconveniences Jack Ma and Pony Ma, the Chinese entrepreneurs behind the incredibly profitable web portals Alibaba and Tencents. None of these obstacles is enough to stop any of them. Entrepreneurs in the developing world find ways around the roadblocks, which is the only things SOPA would be.
American filmmakers, musicians, authors and inventors should not have to stand by as their work is stolen by foreign infringers. They deserve a law that protects them and allows the open and free exchange of ideas upon which they stand. Indeed all of us do. Good laws protect all people. SOPA does not. That’s especially important as we honor Martin Luther King Jr. today. In his famous Letter from a Birmingham Jail he asked how one determines whether a law is just or unjust? Considering our nation’s position on race he wrote:
I had hoped that the white moderate would understand that law and order exist for the purpose of establishing justice and that when they fail in this purpose they become the dangerously structured dams that block the flow of social progress.
Exactly.
