[x-pubpol] CNET: Post-SOPA surprise: Common ground for tech, big media

[Joly MacFie]

http://news.cnet.com/8301-31001_3-57409786-261/post-sopa-surprise-common-ground-for-tech-big-media/

By Greg Sandoval

A spirit of cooperation appears to be rising in the technology and
entertainment sectors regarding antipiracy efforts.

Three months after the defeat of the Stop Online Piracy Act (SOPA), leaders
from both sides say they wish to work together to forge a new response to
illegal file sharing. No kidding -- there's even talk about trying to once
again pass antipiracy legislation.

Gigi Sohn, a well-known Internet freedom fighter, says she can help protect
consumers by advising big media and ISPs on fair antipiracy rules.


Though skeptics predict all these kumbaya feelings will quickly turn to
bitterness, there's no mistaking that detente is in the air.

On Tuesday, Rep. Darrell Issa (R-Calif.), one of the lawmakers who helped
kill SOPA, said he believes new antipiracy legislation will be passed but
only after all parties agree to make compromises. He asked for the
cooperation of Facebook, Google, and other tech companies.

On Monday, Gigi Sohn, a longtime advocate for Internet users, joined the
advisory board of the Copyright Information Center (CIC), an organization
that will help support an antipiracy program known as graduated response.
The program, created by the large music and movie companies, is designed to
discourage illegal downloading and calls for Internet service providers to
pressure customers who do. The plan could include temporary interruption of
service.

Last month, the Internet Society, an umbrella organization for the
Internet's key standards bodies, surprised many in tech by hiring Paul
Brigner, a former senior executive from the Motion Picture Association of
America. Brigner is an attorney and notable SOPA supporter.

These seem like significant olive branches being extended. They're
certainly resonating with some copyright owners. Chris Castle, a lawyer who
works on music and technology issues and is a vocal supporter of copyright
owners, said Sohn's involvement in the CIC and Issa's comments were
"encouraging." The Center for Democracy & Technology, another Internet-user
advocacy group and longtime critic of big entertainment on copyright
matters, said in a blog post that it was "cautiously optimistic" about CIC.


Perhaps the White House senses the time is right for a reconciliation. The
Obama administration last week called for a united effort to once again try
creating antipiracy legislation that targets offshore Web sites. President
Obama last year criticized SOPA and sister legislation in the Senate known
as the Protect IP Act (PIPA). The administration said it wouldn't support
anything that would endanger freedom of expression or increases
cyber-security risk but did say "combating online infringement" is a
priority "of the highest order."

If the president really wants some kind of compromise, his office would do
well to help mediate. Efforts to create a partnership between the two sides
could easily unravel. The SOPA fight was a bruising political war and
there's plenty of enmity left over in both camps. Copyright owners accused
tech companies of misleading voters about SOPA's impacts and using scare
tactics. Tech companies accused big entertainment of initially shutting
them out of the legislative process and trying to use government to look
out for their special interests.

"Color me skeptical that the [seeming goodwill between the sides] is little
more than rhetorical overtures," said Corynne McSherry, a lawyer and the
intellectual property director for the Electronic Frontier Foundation,
which advocates on behalf of Web users and tech companies. "To the extent
that peace needs to be made, its not as important for Silicon Valley and
Hollywood to make peace. What really matters is for Hollywood to make peace
with Internet users. They're the ones that really drove the blackouts [of
Web sites as part of the anti-SOPA protest]."

Though Castle said he thinks there's a "healthy attempt to work together
constructively," he also noted that in past negotiations with tech
companies, copyright owners felt the deck was stacked against them.

Andrew Rasiej, chairman of the NY Tech MeetUp, says getting techies to vote
no on SOPA was easy. Getting to say yes to something will be tough.


"We've all heard for years that piracy is the problem but whatever we put
on the table wasn't the solution," Castle said. "They said that regardless
of the solution. This is a chance for them to put their money where their
mouth is."

There are those involved who sound a more moderate tone, but even they note
that reaching a compromise is a long shot. Andrew Rasiej is the chairman of
New York Tech MeetUp, a group that helps promote the city's tech companies
and community. Rasiej organized a 2,000-person SOPA protest rally in
January. He said that his group isn't for piracy but neither does it want
corporations trying to limit Internet freedoms to protect market positions.
He believes it is unlikely they will stop trying to "put the genie back in
the bottle."

He also suggested the tech sector needs to do more than say "no."

"Saying no is always easier than saying yes," Rasiej said. "As great as
[fending off SOPA and PIPA] was, getting the tech community to take their
values and create positive public policy out of them will be a much more
difficult process."

But some wonder why anyone should try. EFF argues that SOPA and graduated
response are bad for consumers and the Internet, and only protect special
interests. McSherry says the public very clearly rejected SOPA and will do
so again on graduated response.

So why negotiate when tech is coming off a decisive victory? McSherry noted
that big entertainment companies appear to be in a weaker position on
graduated response than they were on SOPA. The ISPs aren't eager to become
copyrights cops to say the least. They fought against for years and only
agreed after political pressure was applied. They fear alienating customers.

They have steadfastly refused to to terminate service regardless of how
many films or songs a customer downloads. Sohn said that in her new role
she will fight the adoption of even temporary service suspensions.

McSherry said SOPA should send the ISPs a message that the political
climate has changed. Presumably she means that the power now belongs with
consumers and Internet companies.

"Lots of ISPs didn't adopt [graduated response]," McSherry said "Those that
did don't have to do this now."
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