Website Censored By Feds Takes Up Lamar Smith's Challenge: Here's Your 'Hypothetical'

from the take-that dept

So, remember Lamar Smith's claim that all of the problems of SOPA are "hypothetical" and no one has shown any language as to what's wrong with the bill? Yeah, it seems that one such "hypothetical" has decided to take Smith up on his challenge. Enter Dajaz1, the American music blog that was censored for over a year and denied due process... under SOPA's predecessor, the Pro-IP Act (which many of us tried to warn about at the time it was being debated). Yes, it appears that Dajaz1 (finally relaunched) has a thing or two to say to Lamar Smith about his "hypotheticals."
Before I get into SOPA and PIPA, let’s go backwards and discuss the language of Pro-IP. Since Mr. Smith is so concerned about the language I’m hoping he can point me to the language in the Pro-IP Act covering criminal forfeiture where it states or even insinuates that it can be used to seize DOMAIN NAMES. That language doesn’t exist, what does exist is broad confusing open ended wording that apparently covers a wide spectrum of things the legislators who passed this bill never considered it could be used for. With all the assurances the bill he co-sponsored back in 2008 wouldn’t be misused coupled with the fact I’m writing this post on a factual representation of its misuse, it seems pretty rich that he’d have the guts to come out talking “show me the language.” Who cares about “language” when it’s written specifically to be vague enough to allow for a free for all?

Lets be honest here: What the worlds population hasn’t caught onto yet (and all the (‘Big Content’ owned versions of Self Serving State TV are not going to tell them) is much of the things in SOPA/PIPA that people are against, the authors and many of the co-sponsors of SOPA/PIPA already snuck into Pro-IP. The internet is already being censored, it’s already being misused, abused, free speech has already been stifled and there has already been collateral damage. All with the same open ended broad definition type language that exists in SOPA/PIPA that they absolutely refuse to narrow down as evidenced by not approving even the most common sense amendments. Many of which would have likely taken away or reduced their ability to misuse Pro-IP.

If Mr. Smith and his colleagues are genuine and sincere, why don’t they show US the language where it specifically states you cannot do all the things everyone is concerned about, make the language clear and concise, and then correct the language in Pro-IP so it can no longer function as the free for all that is already doing everything opponents of SOPA/PIPA are afraid of. Then, perhaps, I can take you somewhat seriously in your position that you believe you are doing the right thing and not just doing the bidding of corporations that bought you lock stock and barrel even at the detriment to your own reputation. One scenario makes you easy to manipulate, but genuine and willing to correct mistakes; the other just makes you corrupt. Pro-IP must be repealed and corrected immediately
But the folks at Dajaz1 are just getting warmed up. After discussing Pro-IP, they discuss how the industry has a ridiculously broad definition of "rogue website" by pointing to the infamous GroupM "rogue website" blacklist put together by Universal Music and others -- which included a bunch of hip hop blogs (including Dajaz1 itself and another of the seized blogs, OnSmash, which is still in purgatory somewhere). They also note that hip hop superstar Drake not only used the internet and free music to turn himself into a superstar... but that he did so via the exact same blogs listed on the GroupM "rogue website list.". From a press report at the time:
"You’ve gotta credit Drake, especially with NahRight and other sites, He was well-connected to those guys."
The use of the Drake example becomes pretty important, because back during the House Judiciary Committee's SOPA hearings, Rep. Ted Deutch of Florida, rather stunningly, used Drake as an example such sites. See the video here, which highlights how insane that is:
In fact, that's the topic of Dajaz1's third post in the series: just how out of touch Ted Duetch is that he thinks that, for there to be the next Drake, he needs to shut down the very sites that Drake directly used to promote his work.
REALITY CHECK: On February 12, 2009, Drake released a Mixtape called “So Far Gone” for free on the internet. This mixtape garnered so much buzz for him that he ended up touring (making a reportedly 5 figures per night), and getting several singles on the radio in the top 10 on Billboard. Drake accomplished all of this as an independent artist. A bidding war ensued by the major labels and Drake signed to a major a few months later. Despite the fact that he’d given away “So Far Gone” for free 7 months prior on the internet and it had well over a million downloads, the tape was re-released as an EP by his label in Sept. 2009 and still managed to go Gold. He was nominated for 2 Grammy Awards.

Drake came from the internet, making relationships with and utilizing the blogs, most of which are listed as so called “ROGUE WEBSITES” that have been targeted by “Private Rights of Action” in the form of a blacklist by advertising giant, Group M. Two of those “rogue sites” had their domain names seized with banners calling the operators criminals by The Dept. Of Homeland Security. (While this domain was returned last month, OnSmash is still in purgatory). No hypothetical here,this is the reality of the misuse that is happening now and will only get worse with the passage of SOPA and PIPA.
Dajaz1 also points out that the other example Deutch uses -- Adele -- also came up through the internet, and was discovered on MySpace -- just the type of site that would be significantly burdened under SOPA/PIPA. Furthermore, the post highlights numerous other top music acts directly thanking the various sites listed as "rogue sites," including some of those seized and censored by the US government under ProIP.

In the final installment, Dajaz1 points out that SOPA and PIPA are not about "saving the artists," they're about saving the big, slow legacy players who fear innovation that allows artists to succeed without them.
When Congress and the RIAA says “Rogue Websites” do they mean the tools the artists are using to connect directly with their fans and distribute their own music? I mean I’m just wondering because I could make this post 20+ pages of screen shots showing examples of artists utilizing these “ROGUE WEBSITES” the RIAA is trying to get Congress to pass legislation and scrub from the internet.
And, in fact, Dajaz1 then shows a ton of tweets from famous artists to the very same blogs that were targeted as "rogue sites" (some of which were taken down). So just as clueless Congressional Reps. like Lamar Smith, Bob Goodlatte, John Conyers, Mel Watt and Ted Deutch insist they're "protecting the artists," it appears those very same artists are using those darn "rogue websites" to not just promote themselves and their careers, but to make a ton of money doing so.
So who exactly is Congress trying to protect? The content creators or trade groups with deep pockets who become obsolete if the majors fully embrace technology and innovate? Truth be told there are some incredibly smart people in the urban internet world who’d be amazing assets to the legacy industry in adapting to the marketplace. If only they’d utilize them.

One of the most disturbing things to come out of the SOPA hearings is how gullible many members of Congress appear to be and how technically inept many are in Washington. If you don’t understand the technology it is not OK to say you don’t get it while turning around and saying you don’t believe the people who do. (I’m looking right at you Mr. Watts) Generation Gaps are no excuse, you’re in what amounts to a management position and you should be qualified to hold that position when you are dealing with my generation and our children’s generation economic future. Your lack of knowledge is not an excuse for the loss of any American’s Constitutional Rights. To essentially shoulder shrug like you’re cute when something that important is at stake is reprehensible. If anyone in Congress, The White House, DOJ, ICE, Homeland Security, or any other branch of Government’s knowledge in technology stops somewhere around 1997 then it is time to retire as you are no longer qualified to hold your position in 2012.
This is the crux of the matter here. The complaints that Lamar Smith so wants to dismiss are not "hypothetical" to sites like Dajaz1. And, they're not hypothetical to artists like Drake. The idea that these artists need such laws to protect their interests is simply laughable when you see how these artists rely on those sites to market their works, make a name for themselves, and leverage that publicity into huge piles of money from live shows or later recording deals. These aren't hypotheticals. These are all very, very real... and Congress, in its ultimate cluelessness, is trying to break the internet to "stop" these sites. And not because it will protect artists, but because it will protect the major record labels and movie studios from up-and-coming competition. The major labels don't want Drake to come up through the internet. They don't want people like Mac Miller creating best selling albums, without a major label, by using those same sites to get publicity.

So they start this huge campaign to label these new forms of distribution as "rogue sites," get the US government -- in its admitted cluelessness -- to support them, and then (to make the insult even worse) pretend that it's all about protecting the very artists who rely on these new forms of distribution.

Sorry, Lamar Smith: the threat isn't "hypothetical." It's very, very real, and Dajaz1 is living proof.


Reader Comments (rss)

(Flattened / Threaded)

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    Chris ODonnell (profile), Jan 10th, 2012 @ 12:56pm

    Not so clueless

    I don't think we should keep referring to Smith and the others as clueless. I think they are very clued in. They are doing exactly what the people that pay them tell to do. If they get voted out for their efforts, there will be a huge pay raise raise and job waiting for them as a reward for their efforts.

    There is nothing clueless about it.

     

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      :Lobo Santo (profile), Jan 10th, 2012 @ 12:58pm

      Re: Not so clueless

      It is equally possible they've been fed a steady stream of lies and truly believe they're doing what's best for America.

      Nothing more dangerous than someone who believes they are righteous while on a holy war of extermination...

       

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      Designerfx (profile), Jan 10th, 2012 @ 1:24pm

      Re: Not so clueless

      Absolutely, 100%.

      It's sad, but this is the exact reason why:

      every letter sent to any part of congress gets a boilerplate reply
      every situation involving overwhelming opposition by the public is downplayed
      if you're not important to them (read: $$ affecting directly and immediately), they don't care about you

      nothing will change this, because if you elect someone other than the incumbent, what happens? The new person gets right back in the pocket with big content all over again.

      In reality, in private, probably 50-75% of these folks do understand all of this. However, they're paid well, so in public and in congress they support what pays them.

      And people wonder why our country has problems.

      We need to raise a "corporation" of US citizens, aka another political party, or this is just going to continue as it has for the last 40 years.

       

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        Floppy Copy, Jan 10th, 2012 @ 8:46pm

        Re: Re: Not so clueless

        It's not called a bribe. We call it "gifts".
        It's not called slavery. We call it "consumerism".
        It's not called corruption. We call it "lobbying".
        It's not called fascism. We call it "democracy".
        It's not called solicitation. We call it "fundraising".
        It's not called greed. We call it "capitalism".
        It's not called a monopoly. We call it a "free market".
        It's not called ignorance. We call it "hypothetical".
        It's not called an "abuse of power". We call it "the law".
        It's not called "plutocracy" and "oligarchy". We call it "freedom" and "liberty".
        It's not called "propaganda". It's called "the nightly news".

        It really is amazing just how many words corrupt politicians will redefine in order to support their own flawed sense of right and wrong, all in the name of entitlement. That's the dredges of humanity for you though. Survival instincts almost always override common sense, and people will do whatever it takes to stay alive and at the top no matter how dark and depraved their actions may be. Good thing history clearly shows us that no civilization, whether experiencing a golden age or a dark age, lasts forever.

         

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      Al Bert (profile), Jan 10th, 2012 @ 4:30pm

      Re: Not so clueless

      Of course he knows. Denial is just the safest play, whether he's bought or not (which we know he is).

      Unless he wants to imply that there's reason for dissent, he must deny that dissent exists.

      POL102: Introductory Perpetuation Of Lies

       

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    anonymous, Jan 10th, 2012 @ 12:58pm

    basically, Dajaz1 is calling Lamar Smith out, to put his money where his mouth is (no pun intended)!

    i wonder what excuse will be used to try to condone his position now? probably something like: but these are rogue artists using rogue sites. cant you all see the damage they are doing to the pay and position of the labels execs? the fact that those artists are now super stars in their own right, achieved without the labels is irrelevant!

     

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    weneedhelp (profile), Jan 10th, 2012 @ 1:04pm

    Bob Goodlatte, John Conyers, Mel Watt and Ted Deutch

    I was reading this fast and thought it said Mel Twatt.


    Lamar must sleep on one huge pile of money.

    Chris ODonnell is correct. They know exactly what they are doing and don't care because they know they will be set.

     

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    Violated (profile), Jan 10th, 2012 @ 1:18pm

    The Worm Turns

    There is nothing said that I would disagree with. This was indeed the RIAA's attempt to shut down a distribution channel that they did not control and did not profit from.

    Yes it is also true to say that almost all parts of SOPA can already be enacted using current laws including the seizure of a rival's domain name and money accounts. That is not to say we welcome a repeat with an expanded scope of abuse.

    I am very happy to see Dajaz1 back on-line and I will add that this is a beautiful website well worth a visit.

    In all I think these words of Dajaz1 are so powerful that this could well be the key point that the worm turns and the copyright side start losing serious ground. These words will certainly ring around Congress and will be repeated and highlight by elected members of Congress.

    I am in fact so happy with what I read here that I would soon electronically wife this website.

     

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      Anonymous Coward, Jan 10th, 2012 @ 1:59pm

      Re: The Worm Turns

      I can't agree more, after I read the Part 1 (Show me the Language) my only thought was "Damn, that was powerful". EXCELLENT fucking point - we shouldn't have to prove how SOPA/PIPA's language can be misconstrued. Congress should have to show where SOPA/PIPA language specifically states that it WONT have bad side effects. Congress is trying to put the burden on the people (the burden of Innocence) and instead of where it belongs, with the lawmakers (the burden of Guilt).

      It's so obvious that I'm stunned it really hadn't been brought up before this, and that I hadn't thought of it either.

       

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      Anonymous Coward, Jan 10th, 2012 @ 1:59pm

      Re: The Worm Turns

      I can't agree more, after I read the Part 1 (Show me the Language) my only thought was "Damn, that was powerful". EXCELLENT fucking point - we shouldn't have to prove how SOPA/PIPA's language can be misconstrued. Congress should have to show where SOPA/PIPA language specifically states that it WONT have bad side effects. Congress is trying to put the burden on the people (the burden of Innocence) and instead of where it belongs, with the lawmakers (the burden of Guilt).

      It's so obvious that I'm stunned it really hadn't been brought up before this, and that I hadn't thought of it either.

       

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    Anonymous Coward, Jan 10th, 2012 @ 1:33pm

    There was a group of independents that did go to congress, did they get face time with their representatives?

    Nope.

    http://americancensorship.org/
    https://www.youtube.com/watch?v=8ACPVMU UzAw

    Apparently congress is only for the "to big to fail" people.

     

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    Anonymous Coward, Jan 10th, 2012 @ 1:34pm

    On a side note, SOPA has its foundations on the DMCA which is a horrible law that is being heralded as "a good compromise", when it was not.

    The DMCA is not used to stop piracy is used to censor others and attack competitors.

     

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      Cabal (profile), Jan 10th, 2012 @ 2:21pm

      Re:

      Laws are relative topics, not absolutes. Using that standard, the DMCA IS a great law... when compared to Pro-IP and SOPA.

      Of course, by that standard Newt Gingrich was a GREAT congressman when compared to Lamar Smith. That both of them suffer in comparison to most inanimate objects is simply not relevant.

       

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    Anonymous Coward, Jan 10th, 2012 @ 1:36pm

    ...why donít they show US the language where it specifically states you cannot do all the things everyone is concerned about...

    This a thousand times. Offer any kind of proof that these bills will do ANYTHING they claim other than create the very problems Smith dismisses out of hand.

    We'll grow old and die waiting.

     

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    TtfnJohn (profile), Jan 10th, 2012 @ 2:13pm

    I'm going to be a little bit against the trend here. Beyond email and perhaps how to use Google to find things, perhaps things the electorate would rather they not waste time on and maybe one or two sites like their own these people are totally clueless about the Internet and the Web. As bad, or worse, just exactly what copyright and patent law were originally all about now that they've twisted both out of all recognition..

    And, yeah, you bet Lamar Smith has a soft landing awaiting in the unlikely event he loses the next election (miracles do occur don't they?) though probably not in the so-called copyright industry. More likely someone fairly close to them. A couple of degrees of separation for a couple of years till they become easier to slip in the way Chris Dodd has been.

    This has always been about a fundamental change in the supply line to retail. How much control the **AA's will have left and how much retail demand will determine what is released, where and when.

    It's never, ever been about the creator or the artist it's been about the labels and studios and how much control they have.

    As for the unintended consequences of the too broad definitions in the legislation as the "copyright industry" wrote it what's to say that they are unintended? Even if the politicians are paid to think otherwise.

    Welcome back Dajaz1 and thanks for your statement. Now to sit back and wait for the trolls.

     

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    Anonymous Coward, Jan 10th, 2012 @ 2:29pm

    I think this witch hunt that has always went on with the copywrong group shows the continual trend is alive and well within it. The idea that all threatening new technologies must either be eliminated or put under their direct control in order to have approval for the net.

    Until the corporate influence and big money are removed from political access, this will always go on. The copywrong groups have a long history of buying instead of innovating to get their way. Having spent 6 million dollars to influence the lawmakers has shown the effect it has with this rush to pass bill after bill favoring the copywrong groups.

    Copyright no longer serves the purpose it was setup to do. It now enforces exactly what it was setup to prevent, which is to say the protection of entrenched industries at the expense of the public. Nothing in the last two years has reached public domain in the US. Nothing will for many years to come. Anything you hear in your lifetime will not be in public domain while you are alive. That's not exactly a 'limited time' protection.

     

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    Loki, Jan 10th, 2012 @ 4:14pm

    One has to wonder, given how MySpace is now plastered to the bone with major industry content, if it would still be possible for Adele to emerge today? Or would she simply get lost buried under all the major label crap like most independents are now?

    And again, as I've pointed out before, I don't see examples here - with either Adele or Drake - of copyright itself making people money. Granted copyright could have been used to prevent people from claiming their works as there own (which is what is is/was suppose to do) but that's not how it functions anymore. Now it's just a commodity to be sold off to large corporations (clearly Drake was making good money before he signed with a label - the bidding war was just for who got to "buy" his copyright).

     

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    Jeffrey Nonken (profile), Jan 10th, 2012 @ 5:21pm

    Pirate Mike just doesn't want to admit that these artists are stealing from the artists by sharing their works online for free! After all, you can't compete with free!

     

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    ZeeBat (profile), Jan 10th, 2012 @ 9:56pm

    rad.

    "If anyone in Congress, The White House, DOJ, ICE, Homeland Security, or any other branch of Governmentís knowledge in technology stops somewhere around 1997 then it is time to retire as you are no longer qualified to hold your position in 2012. "

    And because I'm just that type of guy right now... Fuck You Mr. Lamar Smith and each and every one of you Cool Congress mother fuckers that believes for one second that your paying corporation's are your peoples. Your time is truly running out. Tick-Fucking-Tock

    And to big copyright "owners" .. eat a dick.

     

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    Anonymous Coward, Jan 10th, 2012 @ 11:32pm

    Techdirt, can we get a Dajaz1 representative in the Congressional hearing with the Reddit guy and the others?

     

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      anonymous, Jan 11th, 2012 @ 12:47am

      Re:

      good idea. someone that represents what has already happened to some websites and can tell it how it is about the way the new law could easily be abused to shut down ANY website on the flimsiest of lies, with no due process and no compensation for telling the lies that got it shut down in the first place!

       

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    beedee, Jan 11th, 2012 @ 4:38am

    god help us all

    Seems to be, there are already more than adequate powers in place. If the feds can seize a domain name and close down blogs based on alleged copyright violations why the hell do they need PIPA / SOPA !!! ??
    Nah, this is for something much bigger and nastier , the likes of which we cannot comprehend until the full force of these bills are directed against the internet economy by the vested powers that be.
    I still have to pinch myself to be able to try and understand the terrifying implications and the fact that one or both are likely to to be passed.
    It is the beginning of the end , not just for the internet, but for everything we hold dear. The world is controlled by handful of stinking rich old men, and the passing of PIPA / SOPA will confirm that. God help us all.

     

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    racist, Jan 11th, 2012 @ 6:23am

    The record labels just want to be slave owners over the African Americans in the industry, just like their ancestors were slave owners who worked them in the field. A black musician without a master telling what to do? Unheard of!

     

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