Actually, this stuff is absolutely impossible to police completely. Major content producers (networks, studios, etc.) know this in their bones, and carry what's known as E&O - Errors & Omissions insurance - for this exact reason.
Given the complexity of copyright law, the vagaries of content "creation", and the pressure of constant deadlines, these really are errors and omissions. And given the nature of a business that relies heavily on freelance creatives, the risk of an entirely honest missed-licence or a misattributed credit is so pervasive that distributers (who are the first people to get sued) won't accept material from producers who don't have E&O, and who can't indemnify their distribution partners. At the same time, underwriters won't issue E&O policies to producers who make too many "mistakes".
All this puts pressure on producers to make serious efforts to respect the law as mush as humanly possible, while acknowledging that perfect compliance isn't realistic. So pro-SOPA people aren't going to look a this and think "Gosh, maybe we're wrong". They're going to think "This happens all the time, and it's why we carry insurance."
Combining copyright law with the mechanisms to ensure that copyright industries follow their own rules has one effect: it drives up the risk and complexity - and thus, the cost - of producing commercial content. For established producers this is actually seen as a good thing, as it provides them with a barrier to entry, not to mention another line-item they can pass on (with mark-up!) to whoever is hiring them.
Indeed, that's the whole point. In their view, if you don't have the money and organization to sustain the lawyers and insurance policies "needed" to produce content then you should just focus on buying popcorn. When it comes to actually making media you should "leave it to the professionals".
By the way, that popcorn costs twenty bucks. After all, we've got lawyers to pay.
So pro-SOPA people aren't going to look a this and think "Gosh, maybe we're wrong". They're going to think "This happens all the time, and it's why we carry insurance."
That sounds exactly like the way of the dinosaurs: instead of solving a problem like a good engineer would by redesigning the system, they "solve" it by throwing more money at it. It's like deliberately forming a cancerous tumor around a pimple to conceal the pimple.
Comments
Actually, this stuff is absolutely impossible to police completely. Major content producers (networks, studios, etc.) know this in their bones, and carry what's known as E&O - Errors & Omissions insurance - for this exact reason.
Given the complexity of copyright law, the vagaries of content "creation", and the pressure of constant deadlines, these really are errors and omissions. And given the nature of a business that relies heavily on freelance creatives, the risk of an entirely honest missed-licence or a misattributed credit is so pervasive that distributers (who are the first people to get sued) won't accept material from producers who don't have E&O, and who can't indemnify their distribution partners. At the same time, underwriters won't issue E&O policies to producers who make too many "mistakes".
All this puts pressure on producers to make serious efforts to respect the law as mush as humanly possible, while acknowledging that perfect compliance isn't realistic. So pro-SOPA people aren't going to look a this and think "Gosh, maybe we're wrong". They're going to think "This happens all the time, and it's why we carry insurance."
Combining copyright law with the mechanisms to ensure that copyright industries follow their own rules has one effect: it drives up the risk and complexity - and thus, the cost - of producing commercial content. For established producers this is actually seen as a good thing, as it provides them with a barrier to entry, not to mention another line-item they can pass on (with mark-up!) to whoever is hiring them.
Indeed, that's the whole point. In their view, if you don't have the money and organization to sustain the lawyers and insurance policies "needed" to produce content then you should just focus on buying popcorn. When it comes to actually making media you should "leave it to the professionals".
By the way, that popcorn costs twenty bucks. After all, we've got lawyers to pay.
Hmm maybe if you dig deeper past Lamar Smith, you'll find insurance companies? :-)
http://maplight.org/us-congress/legislator/470-lamar-smith
Top 10 Interests Funding Industry #10: Insurance - $50,300
So pro-SOPA people aren't going to look a this and think "Gosh, maybe we're wrong". They're going to think "This happens all the time, and it's why we carry insurance."
That sounds exactly like the way of the dinosaurs: instead of solving a problem like a good engineer would by redesigning the system, they "solve" it by throwing more money at it. It's like deliberately forming a cancerous tumor around a pimple to conceal the pimple.
>Actually, this stuff is absolutely impossible to police completely.
Then it can't be a law.