Sponsors of the OPEN Act Seek Input from the Public

December 8, 2011 -

As we mentioned last week Sen. Ron Wyden and Rep. Darrell Issa introduced an alternative bill to SOPA and Protect IP that would put the power of fighting so-called rogue web sites into the hands of the International Trade Commission. The OPEN Act (which stands for Online Protection and Enforcement of Digital Trade Act) focuses on interrupting the flow of funds to web sites that are proven to be trafficking in counterfeit goods or copyright materials.

The OPEN Act would create an Internet piracy panel or court within the International Trade Commission that would deal with complaints from the Justice Department and rights holders. The ITC would investigate complaints from copyright holders and determine if the Web sites in dispute are "dedicated to infringing activity." If they find this to be the case, they can issue a cease-and-desist order. The Justice Department would then be able to "bring an action for injunctive relief." The Internet piracy court would be composed of judges appointed by the ITC who would be required to have "a minimum of 7 years of legal experience," who could only be removed from that position for "good cause."

The Oregon Democrat and California Republican hope that their legislation will provide technology companies and critics of entertainment industry-backed SOPA bill an alternative that they can get behind. The House of Representatives committee vote on SOPA is expected next week. An aide to Wyden told CNET that the proposal is still a discussion draft phase and represents a work in progress.

One of the things the sponsors of this bill are doing to make the bill transparent is putting it up on the web site KeepTheWebOpen.com for the public to examine. Their hope is that the public will examine it closely and offer suggestions on how to make it better.

There are groups that oppose the OPEN Act such as the RIAA and the MPAA, who really wanted the ability to block allegedly infringing sites in their toolbox. SOPA and Protect IP gave them those tools and more. The sponsors of the OPEN Act see those bills as an extreme overreach that asks too much of service providers.

More details on the OPEN Act are expected sometime this week.

Source: CNET


Comments

Re: Sponsors of the OPEN Act Seek Input from the Public

"There are groups that oppose the OPEN Act such as the RIAA and the MPAA, who really wanted the ability to block allegedly infringing sites in their toolbox."

Don't worry RIAA, MPAA, and others.  You'll still have the ability to block infringing sites.  You'll just have to prove their doing it first.

 

Andrew Eisen

Re: Sponsors of the OPEN Act Seek Input from the Public

Having to follow due process?  Being...REASONABLE?  What do you think we live in, a democracy?

Re: Sponsors of the OPEN Act Seek Input from the Public

Because you'd be wrong. Not that it matters, as the legal system is not directly dependent of the political one...

 
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quiknkoldI'm 7 years old, and my cousin(Also 7, maybe 8 at this time) tells me has Battletoads. its Summer Vacation. We play and play and play until finally, We won coop. Those were the days.09/23/2014 - 5:29pm
quiknkoldlets take a moment to share some gaming memories, shall we?09/23/2014 - 5:28pm
MechaTama31I buy stuff off the eshop because it gives me the convenience of a flashcart without the guilt.09/23/2014 - 5:03pm
Montewell thanks for the info Eisen; try that the next time i need something off the eshop09/23/2014 - 3:54pm
james_fudgere: MP, i've sent tech support a note - thank you :)09/23/2014 - 3:14pm
IanCNah that wasnt directed at you Andrew :)09/23/2014 - 3:00pm
Papa MidnightRe: SIEGE 2014 Keynote: oh dear...09/23/2014 - 2:44pm
MaskedPixelanteDear GP, something called "doubleverify" is causing some nasty browser issues on my end. Probably one of your ads.09/23/2014 - 2:36pm
Andrew EisenOh hell no. No, it took Nintendo a dog's age just to get to the point its competitors have been at for a while! (And it's still not there yet, in a lot of respects.)09/23/2014 - 2:26pm
IanCSame as PSN handles it, fi you are trying to say only nintendo do that.09/23/2014 - 2:23pm
Andrew EisenYou have to try to purchase something first. Pick a game, hit purchase and if your wallet doesn't have enough to cover it, you'll be given an option to "add exact funds" or something like that.09/23/2014 - 2:05pm
MonteI have seen no option for that on my 3DS; anytime i want to add funds it only gives me the option to add in denominations of $10, 20, 50 or 10009/23/2014 - 2:03pm
IanCWhat Andrew Wilson said. PSN is the same when you make a purchase over a certain price (£5 in the UK)09/23/2014 - 2:02pm
Andrew EisenNeither eShop charges sales tax either. At least in California.09/23/2014 - 2:00pm
Andrew EisenBoth Wii U and 3DS eShops allow you to add funds in the exact amount of whatever's in your shopping cart. If your game is $39.99, you can add exactly $39.99.09/23/2014 - 1:57pm
Infophile@Matthew Wilson: As I understand it, any regulations to force tax online would also set up an easy database for these stores to use, minimizing overhead.09/23/2014 - 1:30pm
MonteReally, the eshop just does next to nothing to make buying digitally advantagous for the customer. Its nice to have the game on my 3DS, but i can get more for less buying a physical copy at retail. And that's not even counting buying used09/23/2014 - 1:18pm
MonteIanC, The Eshop wallet system only lets you add funds in set denominations and the tax makes sure you no longer have round numbers so you ALWAYS loose money. A $39.99 game for instance requires you to add $50 instead of just $4009/23/2014 - 1:13pm
Matthew Wilsonbut thats just it those sites, even the small ones, sell all over the country.09/23/2014 - 11:12am
Neenekoeither that or it would follow the car model of today. big ticket items are taxed according to your residence, not where you buy them.09/23/2014 - 11:07am
 

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