Staunch SOPA Supporter, Marsha Blackburn, Says It's Time To Scrap SOPA
from the you-just-noticed? dept
Rep. Marsha Blackburn has been an interesting one to follow during this whole SOPA/PIPA fight. She's long been a staunch supporter of more draconian copyright laws (once claiming that fair use was like theft). She's also incredibly politically inconsistent. For example, we pointed out her ridiculous video talking about how dangerous it was to let Congress regulate the internet with respect to net neutrality. But even though SOPA was about regulating the internet at a much more basic and fundamental level, she was all for it.In fact, just last week, at CES, she was vehemently defending the bill and insisting that it was absolutely necessary (at one point, it almost seemed like she and Rep. Darrell Issa might come to blows), and pretending that the tech industry must support SOPA, because of how awful it feels to "have your innovations stolen!"
But, now, she's changed her tune. It didn't happen back when even some of her biggest supporters threatened to campaign against her because of this single issue. But it happened now, where she's saying it's time to scrap the bill:
It’s clear that online piracy legislation in its current form is not workable. It’s time to scrap the bill and start over. I will continue to work with my colleagues to find the best possible solution to ensure the constitutionally guaranteed property rights of our nation’s innovators are protected.Of course, even that statement is wrong. The Constitution does not guarantee property rights for innovators. It allows Congress to create limited monopoly privileges if (and only if) they promote the progress of science and the useful arts. If she can't get that right, it seems like she's starting from the wrong spot. But, in the short term, if even Marsha Blackburn is rejecting SOPA, the bill is in serious trouble.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: marsha blackburn, pipa, protect ip, sopa
Reader Comments
Subscribe: RSS
View by: Time | Thread
I wonder if she'll use this moment of clarity on the issue to realise that new laws are not the best way to achieve this. Unfortunately, it's not possible to legislate "stop killing your own market with region and format windowing" or "DRM only affects legit customers, morons".
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
Censor Me !!!!
Now I do it back to you !!! No MONEY !
Buy Indie Stuff.....
[ link to this | view in chronology ]
They can read you know.
Youtube: cat is reading a book by unbeckannt on Jan 23, 2010.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
You say that, but it's not really true. The Supreme Court will not enforce that “deal”. The message of Eldred v Ashcroft, affirmed by Golan v Holder, is very clear: Congress has been granted plenary power to fashion copyright.
A paper promise, a parchment promise, that the courts will not enforce—is no deal. It is a worthless scrap of paper. A worthless scrap of parchment.
Since the early 1700's the booksellers have been pressing the argument that copyright is a natural property right. They advanced that argument in Millar v Taylor (1769), in Donaldson v Beckett (1774), and in Wheaton v Peters (1834). They've never stopped advancing that argument, and since the formation of the World Intellectual Property Organization in 1969, they've gained popular use of the term, “intellectual property”.
It's no longer a copyright “monopoly” —with a fourteen year term tracing its heritage to the Statute of Monopolies of 1623— but intellectual “property”.
Today's courts will not enforce the “limits” on “monopoly”. The property argument has won the day. There is no deal.
[ link to this | view in chronology ]
Re:
"Copyright is a deal between creators and the public intended to benefit both. However, it has been so corrupted that no person now living will ever see recent material enter the public domain. Since the public benefit of the deal is effectively abolished, why should the public give a rat's ass about the private benefit?"
[ link to this | view in chronology ]
Here lies the truth about SOPA/PIPA that even TechDirt has yet to report: what MPAA, RIAA, and Hollywood execs do not want you to see.
http://www.youtube.com/watch?v=NzS5rSvZXe8
The truth behind why these big companies responsible for SOPA and PIPA are also responsible for piracy itself is far more insidious than even their outmoded business model.
[ link to this | view in chronology ]
Re: Here lies the truth about SOPA/PIPA that even TechDirt has yet to report: what MPAA, RIAA, and Hollywood execs do not want you to see.
[ link to this | view in chronology ]
Re: Re: Here lies the truth about SOPA/PIPA that even TechDirt has yet to report: what MPAA, RIAA, and Hollywood execs do not want you to see.
The first video is the one about how CNet helped to spread piracy. No mention of the PRO IP Act, or anything even remotely related to why the government has such power against you.
The second video introduces our greatest friend Alki Davis. The guy wants to sue CNet for promoting piracy in the most obnoxious lawsuit I've seen since the twins kept suing FB for more money.
The better idea is to get the ACLU involved. Allowing Davis to be a part of this lawsuit will turn this into a Charles Nesson affair.
[ link to this | view in chronology ]
Re: Re: Here lies the truth about SOPA/PIPA that even TechDirt has yet to report: what MPAA, RIAA, and Hollywood execs do not want you to see.
The second one is about the young man being extradited from the UK for merely linking to copyrighted material.
Pretty well done, though a touch on the angst filled side IMO. But, maybe that is necessary in today's environment.
[ link to this | view in chronology ]
What about protecting our constitutionally guaranteed right to freedom of speech?
[ link to this | view in chronology ]
Re: What about protecting our constitutionally guaranteed right to freedom of speech?
Did you read Justice Ginsburg's opinion in Golan v Holder?
No, it's tl;dr ...?
Postcard synopis: Congress's plenary power to fashion intellectual property law is superior to the first amendment. That's what the court did.
[ link to this | view in chronology ]
Translation
It's clear that protests are too great for the bill in its current form.
WEASEL WORDS:
* not workable -- what is not workable? -- the techniques they used: secrecy, no media coverage, name calling "nerds", one sided kangaroo "debates" and "hearings".
Let's start over -- with a new plan to sneak this through that won't get so much attention.
KEY WORDS:
* start over -- so we're not scrapping this stupid idea?
I will work with other paided crooks to find a way to subvert the system for our paymasters
WEASEL WORDS:
* colleagues -- implies common paymaster
* best possible solution -- for who?
WEASEL WORDS:
* constitutionally guaranteed property rights -- What about constitutionally guaranteed "for limited times"? From "limited times" follows that there is a guarantee of "Public Domain".
* constitutionally guaranteed property rights -- so its all about money, and guaranteed money really means "entitlement"
[ link to this | view in chronology ]
Re: Translation
“Limited times” is a condition of a statutory monopoly. But she reads the constitution as guaranteeing a property right. That's why she says, “fair use is theft”. She's talking in terms of a trespass (and “trespass” is a very old legal term of art) against property. She's not talking in terms of a regulated monopoly.
[ link to this | view in chronology ]
Re: Re: Translation
Ah but wait, then they tell us it is a license, not real property and we can't resell it.
Ah but wait, isn't that like having your cake and eating it too? You get the best of both worlds, real and intellectual property rights.
Doesn't seem quite right does it?
[ link to this | view in chronology ]
Re: Re: Re: Translation
The great question of literary property is a vexing one (to paraphrase someone —Lord Camden?— I could look it up, but no matter who it was). One must be extremely careful not to read too much into short, convenient labels. Especially in an argument that's been going on for better than three centuries!
The distinctions between chattels and intangibles perhaps cuts closer to the chase than an overly simplistic division into “property” and “monopoly”. The core of the argument is that the nature of the goods are fundamentally different: But the clever wordsmiths then can say, wait! stop! isn't “goods” merely another name for “chattels”? And thus the argument proceeds anon.
Perhaps the best argument is that the great weight of experience has conclusively tended to show that unregulated monopolies are harmful.
[ link to this | view in chronology ]
End monopolies end copyrights.
Bakeries can't print sugar plates or allow kids to print those things because kids like to print cartoons that they make that are copyrighted so business can't offer anything or face ridiculous legal risks, that is what monopolies do they stop you and me from being able to produce something so we are dependent on someone else and need to pay taxes to those people, this is what reduces economic activity and shrink economies, this is what destroy creativity, innovation and the creation of wealth, this is what destroy countries.
Now a granted monopoly(copyright) is even threatening the foundations of democracy itself, because in order to secure that monopoly there cannot be no freedoms.
[ link to this | view in chronology ]
Never trust a flipflopper to stick to anything.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Copyright is the problem.
I'm sure if copyright was repealed tomorrow it would resurface someday in the future, monopolies are very attractive and they always will find a way to resurface, but by ending it, people send a very strong message that if it gets to burdensome they are not going to accept it, if it threatens democracy it will be taken away.
Those people don't know when to stop, they must be stopped and to do that we must do the impossible and that is break their monopolies, so everyone can see it can be done, so they get the message that who is in control is the people not them.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
So fucking what.
You people are so far over the line that I don't care anymore.
Repeal the Sonny Bono Copyright Term Extension Act.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re:
Second, I might have some sympathy if it wasn't for the repeated attempts to extend copyrights. If I work today, I will get paid. If I want to get paid tomorrow, I need to work tomorrow. You write a song on one day, and then expect that you will get paid for that song every day for the rest of your life?
[ link to this | view in chronology ]
Re:
Oh no they don't. The creators of intellectual property may deserve to be compensated. We actually have an arrangement for that. You can have the proceeds for a limited time, and then we get it in the public domain.
Since nothing you create will enter the public domain during my or my children's lifetimes, I feel no obligation to keep my side of the bargain and compensate you.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Give Power Back to Artists and Innovators. Not Corporations.
[ link to this | view in chronology ]
Congressman Howard Berman's Chief of Staff berates and curses at police officer.
The above video is the real reason the US Government and its politicians in Washington want to censor what is posted on sites like YouTube
Congressman Howard Berman's Chief of Staff berates and curses at police officer. Then calls in favor and has traffic citation disappear.
If SOPA/PIPA is enacted neither you or the almost 1000 viewers could have or would have seen this video about GOVERMENT MISUSE OF POWER, POLITICAL FAVORITISM AND BLATANT CORRUPTION.
[ link to this | view in chronology ]
SOPA
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Marsha Blackburn post
GOOD FOR YOU! As an IP attorney, I am constantly amazed and disheartened by how many people don't understand that!
Even my title, "IP attorney", is misleading. It isn't property. It is a right given for a limited duration (except for copyright, where it seems to be permanent).
[ link to this | view in chronology ]
BUT Marsha Blackburn did Vote FOR: Patriot Act Reauthorization, Electronic Surveillance, Funding the REAL ID Act (National ID), Foreign Intelligence Surveillance, Thought Crimes “Violent Radicalization and Homegrown Terrorism Prevention Act, Warrantless Searches, Employee Verification Program, Body Imaging Screening, Patriot Act extension; and only NOW she is worried about free speech, privacy, and government take over of the internet?
Marsha Blackburn is my Congressman.
See her “blatantly unconstitutional” votes at :
http://mickeywhite.blogspot.com/2009/09/tn-congressman-marsha-blackburn-votes.html
Mickey
[ link to this | view in chronology ]