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In my mind, an underlying problem hindering any bill that purports to enforce IP rights on the internet is the judiciary. Almost be definition, laws such as SOP
by newbusox 15y ago
In my mind, an underlying problem hindering any bill that purports to enforce IP rights on the internet is the judiciary. Almost be definition, laws such as SOPA/PIPA and whatever else will be evaluated by judges, therefore changing (or, rather, more precisely defining) terms within the law. The vagueness and ambiguity within SOPA and PIPA was the big problem. But until our judges (and, frankly, lawyers) understand the ramifications that poorly reasoned decisions could have on the internet as a whole, this problem will continue, likely regardless of how tightly drafted the bill is. We have a separate bar, and mostly separate courts, for many IP law issues, so a focus should be placed on educating judges and lawyers in this realm--or maybe even creating a new court system for these issues specifically.
If our elected officials don't understand these laws, there is little hope that (often) elderly judges will be able to not only understand them, but interpret them in such a way that they effect their narrow purpose.
- mtrichardson 15y agoCheck out the OPEN act. Ars links to their writeup in the article: http://arstechnica.com/tech-policy/news/2011/12/censorship-foes-roll-out-antipiracy-plan-say-stop-butchering-the-internet.ars http://arstechnica.com/tech-policy/news/2011/12/censorship-f... It moves the focus on handling these things away from the DoJ and to the ITC.
- JoshTriplett 15y agoWhy do you expect the ITC to do any better? Remember this story from last month: http://news.ycombinator.com/item?id=3371392 http://news.ycombinator.com/item?id=3371392 ?