The SOPA protests certainly seem to be having their desired effect. We have already seen both SOPA and PIPA shelved, while support within the House and Senate is eroding fast. And now that support is eroding outside Congress, as well. The ESA is the first industry trade group to see the writing on the wall and has now pulled its support of SOPA and PIPA
. Sadly, it seems that this statement rings hollow.
From the beginning, ESA has been committed to the passage of balanced legislation to address the illegal theft of intellectual property found on foreign rogue sites.
If the ESA was interested in a balanced approach to the issue of copyright infringement, it would have been looking somewhere other than SOPA and PIPA. We have documented repeatedly that this legislation was far from balanced. From the writing of the legislation, to debating the legislation, to amending the legislation. No one other than supporters of the legislation were given the time of day. None of the opposition's concerns were addressed. Balanced legislation would have been where more than one side had a voice.
Although the need to address this pervasive threat to our industry's creative investment remains, concerns have been expressed about unintended consequences stemming from the current legislative proposals.
You are just now hearing those concerns? We have been voicing them for a while now. Even members of your own VGVN were voicing their concerns
. How could you possibly have missed them? From the very moment SOPA and PIPA were released, people have raised concerns. If you actually cared about those concerns, you would have been opposed to the legislation from the beginning.
Accordingly, we call upon Congress, the Obama Administration, and stakeholders to refocus their energies on producing a solution that effectively balances both creative and technology interests. As an industry of innovators and creators, we understand the importance of both technological innovation and content protection and are committed to working with all parties to encourage a balanced solution.
I would also love for all stakeholders, that means everyone
, not just entertainment companies and a handful of tech companies, to be involved in this discussion. However, unlike the ESA, I think the first item of business should be actually figuring out what the problem is. The ESA may think the problem is not enough enforcement power over copyright infringement, but we know that is not the case
. We already have a solution that balances both creative and technological interests: solving your business model problems. As long as you are looking for a solution that involves increased enforcement, you will not succeed in this modern age.