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The SOPA & PIPA Breakdown-Will the Multifamily Housing Industry Be Affected?

The SOPA & PIPA Breakdown-Will the Multifamily Housing Industry Be Affected?

Dark Virtual Storm Still on the Horizon?

It was a dark day on Wednesday, January 18, 2012—for some of us more than others.  Murphy’s Law was in full effect the moment my feet hit the ground that morning, and the string of mishaps continued when I got to work and turned on my computer. I opened Google to check my email, and I saw a thick, black bar covering the logo at the top of the page.

Thinking my computer had a virus, I opened some of the other websites that I commonly use. The WordPress homepage was dark, and the site looked like it had been abandoned. Same thing occurred when I went to Wikipedia.

I asked my coworker if she was experiencing problems with the Internet, and she told me it was because of SOPA—an answer that left me more in the dark than ever. A cursory search on the Internet led me to understand that SOPA stands for the Stop Online Piracy Act. I dug into it deeper to find an answer to my next question: What was up with this Internet blackout? 

The Scoop on SOPA and Its Cohort PIPA
SOPA is a House bill introduced in October that would give federal prosecutors the authority to crack down on foreign online piracy sites that trade in counterfeit music, movies, software or other U.S. copyrighted products.

SOPA isn’t the only acronym swirling around this news story that stormed in our lives last week. Protect IP (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011, or PIPA) was introduced in the Senate last May and holds many of the same intentions as SOPA.

Why the fuss?
The bills would require U.S. companies to block access to overseas sites suspected of online piracy. Existing laws are already enforced when it comes to piracy within the United States.

This means that American companies could be barred from displaying advertising, processing credit card transactions or displaying links to foreign-based sites that knowingly engage in piracy.

The laws would give the U.S. Department of Justice new powers to require U.S. companies to disable links or stop advertising, for example, with penalties ranging from criminal sentences, fines and website takedowns for not complying.

The laws would also allow copyright holders like movie companies or songwriters to file suit against U.S. websites that allegedly hosted pirated materials.

All Those in Favor?
Many, including the Motion Picture Association, contend that piracy has cost American companies and creators billions of dollars. Others joining the Motion Picture Association include the Recording Industry Association of America; television, music and other media companies; and individual copyright owners such as songwriters, musicians, authors and filmmakers.

All Those Opposed?
Google, Amazon, Facebook and Wikipedia, for some. These companies say the law can inadvertently lead to sites being censored or shut down for linking to another site engaged in piracy or for posting a user comment that has a link to a pirated site. Opponents are also concerned the law has too few due-process protections for those accused. Wikipedia and other popular websites went dark for 24 hours. Google, Facebook, Twitter and others did not shut down completely, yet still protested the proposed legislation through their websites. The weekend prior to the blackout, the Obama administration responded to both bills by releasing a statement. According to the letter, the White House would not support any bill that would inhibit business innovation, create new cyber security risks or disrupt the Domain Name System.

Isn't Copyright Violation Already Illegal?
U.S.-based websites offering pirated content can be shut down by Federal law enforcement under the 1998 Digital Millennium Copyright Act, and copyright holders have the right to request they are taken down, but the law can’t be directly applied to foreign sites.

The site doesn’t have to be clearly designed for the purpose of copyright violation; it only has to provide functionality that can be used to enable copyright violation.

In addition to the companies listed above, YouTube, Gmail, Dropbox, Reddit and millions of other Internet sites would inadvertently be, “…dedicated to theft of U.S. property,” under SOPA’s definition. Simply providing a feature that would make it possible for someone to commit copyright infringement or circumvention is enough to get an entire site branded as an infringing site.

Furthermore, site owners may be infringing if they deliberately decide that it’s too expensive to screen every piece of content and determine whether or not it is copyright-free before posting it to their site—that declarative can have serious repercussions under SOPA.

Did the Blackout Prove Successful?
Yes…for now. On the Friday following the blackout, Sen. Harry Reid (D-NV) put PIPA on hold. "In light of recent events, I have decided to postpone Tuesday's vote on the PROTECT IP Act," he said in a tweet. Not long after, Rep. Lamar Smith (R-TX), the sponsor of SOPA, followed suit and announced he would be delaying consideration of the companion legislation.

“I have heard from the critics and I take seriously their concerns regarding proposed legislation to address the problem of online piracy," says Smith. "It is clear that we need to revisit the approach on how best to address the problem of foreign thieves that steal and sell American inventions and products."

"The Committee will continue work with both copyright owners and Internet companies to develop proposals that combat online piracy and protect America’s intellectual property," Smith continues. "We welcome input from all organizations and individuals who have an honest difference of opinion about how best to address this widespread problem."

Well, it seems for now everything is back to the status quo. Although, I have a sneaking suspicion the controversy isn’t over, so I plan on continuing to stay current on the issue so I am more prepared to shed a little light on any dark days that may be ahead.

Begging the Question: Will Our Industry Be Affected?

With the danger of these and future bills resurfacing, many at For Rent Media Solutions and other professionals in the multifamily housing industry are wondering how this could affect the industry.  Despite social media's strong performance in the past few years, the future of social media marketing in the multifamily industry may be at risk.  Social media marketing outlets such as company blogs and YouTube videos will become susceptible to censorship and possible shutdowns. 

With this information in mind, how do you think these bills will affect the industry? Are you currently employing marketing efforts that will be affected?

By: Brenda Welch, Marketing Manager at For Rent Media Solutions.

Join the discussion. 

 

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