The DMCA doesn't apply outside the US. Given that US laws cannot be applied in other countries (but they are trying with ACTA), you need to block piracy at the border. ICE has been doing this with Operation In Our Sites, but SOPA attempts to streamline the process.
(Some copyright owners mistakenly or optimistically sent DMCA takedowns to The Pirate Bay, and TPB wrote hilarious ridiculing emails back.)
Just addressing SOPA from this angle, would SOPA legislation be okay if it only applied to domains that did not adhere to DMCA voluntarily or regulatorily? IE, SOPA wouldn't be capable of black listing any US site, because US sites have to adhere to DMCA. In addition to not applying to US based domains, what about for foreign domains if the site operator was contractually obligated to adhere to DMCA by a legal document that was under the jurisdiction of the domain registrant. Ie, say some European domain registrar offered its clients an opt-in option for sites. The opt-in legally obligated them (in the EU) to adhere to DMCA regulatory operation. Doing so would mean the domain could not be black listed by SOPA.
Obviously, it seems SOPA is much more that just what you said since Reddit operates inside the US, however the founder has indicated that with SOPA, it and similar sites would not be able to operate due to SOPA. So I'm just brain storming on this specific aspect of why DMCA isn't good enough.
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The DMCA doesn't apply outside the US. Given that US laws cannot be applied in other countries (but they are trying with ACTA), you need to block piracy at the border. ICE has been doing this with Operation In Our Sites, but SOPA attempts to streamline the process.
(Some copyright owners mistakenly or optimistically sent DMCA takedowns to The Pirate Bay, and TPB wrote hilarious ridiculing emails back.)
Thanks for that information.
Just addressing SOPA from this angle, would SOPA legislation be okay if it only applied to domains that did not adhere to DMCA voluntarily or regulatorily? IE, SOPA wouldn't be capable of black listing any US site, because US sites have to adhere to DMCA. In addition to not applying to US based domains, what about for foreign domains if the site operator was contractually obligated to adhere to DMCA by a legal document that was under the jurisdiction of the domain registrant. Ie, say some European domain registrar offered its clients an opt-in option for sites. The opt-in legally obligated them (in the EU) to adhere to DMCA regulatory operation. Doing so would mean the domain could not be black listed by SOPA.
Obviously, it seems SOPA is much more that just what you said since Reddit operates inside the US, however the founder has indicated that with SOPA, it and similar sites would not be able to operate due to SOPA. So I'm just brain storming on this specific aspect of why DMCA isn't good enough.