The document discusses the PROTECT IP Act (PIPA), a proposed law aimed at curbing access to websites dedicated to infringing or counterfeit goods. It would give the US government additional tools to target foreign websites and require US companies to cut ties with such sites. The bill is supported by content creators who argue it is needed to address growing online piracy, but opposed by Internet companies who say it could negatively impact innovation and free expression online. The fate of the legislation remains unclear as concerns raised over it have led to postponed votes.
1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
PROTECT IP ACT
COIMBATORE FILMA VARGHESE
BB1, Park Avenue, TRADE MARK DEPARTMENT
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
2. INTODUCTION
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road, • The PROTECT IP Act (Preventing Real Online Threats to
Mylapore,
Chennai - 600 004. Economic Creativity and Theft of Intellectual Property Act, or
Tel: +91 - 44 - 2498 4821
PIPA) is a proposed law with the stated goal of giving the US
BANGALORE
Suite 920, Level 9, government and copyright holders additional tools to curb access
Raheja Towers,
26-27, M G Road, to "rogue websites dedicated to infringing on counterfeit goods",
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 especially those registered outside the U.S.
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
• The bill was introduced on May 12, 2011, by Senator Patrick Leahy
Tel: +91 - 422 – 6552921 and 11 bipartisan co-sponsors.
• The PROTECT IP Act is a re-write of the Combating Online
Infringement and Counterfeits Act (COICA) which failed to pass in
2010. A similar House version of the bill, the Stop Online Piracy Act
(SOPA), was introduced on October 26, 2011
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
3. OBJECT OF THE ACT
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
To prevent online threats to economic
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
creativity and theft of intellectual property,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
and for other purposes
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
4. CONTENTS OF THE BILL
CHENNAI
3rd Floor, ‘Creative Enclave’,
• The bill defines infringement as distribution of illegal copies,
148-150, Luz Church Road,
Mylapore, counterfeit goods, or anti- digital rights management technology.
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 Infringement exists if "facts or circumstances suggest [the site] is
BANGALORE used, primarily as a means for engaging in, enabling, or facilitating
Suite 920, Level 9,
Raheja Towers, the activities described. The bill says that it does not alter existing
26-27, M G Road,
Bangalore - 560 001. substantive trademark or copyright law.
Tel: +91 - 80 - 6546 2400
• The bill provides for "enhancing enforcement against rogue websites
COIMBATORE
BB1, Park Avenue, operated and registered overseas" and authorizes the United States
# 48, Race Course Road,
Coimbatore - 641018. Department of Justice to seek a court order in rem against websites
Tel: +91 - 422 – 6552921
dedicated to infringing activities, if through due diligence, an
individual owner or operator cannot be located.
• The bill requires the Attorney General to serve notice to the
defendant. Once the court issues an order, it could be served on
financial transaction providers, Internet advertising services, Internet
service providers, and information location tools to require them to
EMAIL
info@altacit.com stop financial transactions with the rogue site and remove links to it.
WEBSITE
www.altacit.com
5. CHENNAI
3rd Floor, ‘Creative Enclave’,
• The term "information location tool" is borrowed from the Digital
148-150, Luz Church Road,
Mylapore, Millennium Copyright Act and is understood to refer to search
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 engines but could cover other sites that link to content.
BANGALORE • The PROTECT IP Act says that an "information location tool shall
Suite 920, Level 9,
Raheja Towers, take technically feasible and reasonable measures, as
26-27, M G Road,
Bangalore - 560 001. expeditiously as possible, to remove or disable access to the
Tel: +91 - 80 - 6546 2400
Internet site associated with the domain name set forth in the
COIMBATORE
BB1, Park Avenue, order". In addition, it must delete all hyperlinks to the offending
# 48, Race Course Road,
Coimbatore - 641018. "Internet site".
Tel: +91 - 422 – 6552921
• Non authoritative domain name servers would be ordered to take
technically feasible and reasonable steps to prevent the domain
name from resolving to the IP address of a website that had been
found by the court to be "dedicated to infringing activities." The
website could still be reached by its IP address, but links or users
that used the website’s domain name would not reach it.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
• Search engines—such as Google—would be ordered to
Tel: +91 - 44 - 2498 4821
"(i) remove or disable access to the Internet site
BANGALORE
Suite 920, Level 9,
associated with the domain name set forth in the [court]
Raheja Towers,
26-27, M G Road, order; or (ii) not serve a hypertext link to such Internet
site."
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
• Trademark and copyright holders who have been harmed
# 48, Race Course Road,
Coimbatore - 641018. by the activities of a website dedicated to infringing
Tel: +91 - 422 – 6552921
activities would be able to apply for a court injunction
against the domain name to compel financial transaction
providers and Internet advertising services to stop
processing transactions to and placing ads on the website
but would not be able to obtain the domain name
EMAIL remedies available to the Attorney General.
info@altacit.com
WEBSITE
www.altacit.com
7. WHAT DOES THE LEGISLATION DO?
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road, • There are already laws that protect copyrighted material,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
including the Digital Millennium Copyright Act (DMCA).
BANGALORE
But while the DMCA focuses on removing specific,
Suite 920, Level 9,
Raheja Towers, unauthorized content from the Internet, SOPA and PIPA
26-27, M G Road,
Bangalore - 560 001. instead target the platform -- that is, the site hosting the
Tel: +91 - 80 - 6546 2400
unauthorized content.
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
• The bills would give the Justice Department the power to
Coimbatore - 641018.
Tel: +91 - 422 – 6552921 go after foreign websites willfully committing or
facilitating intellectual property theft -- "rogue" sites like
The Pirate Bay. The government would be able to force
U.S.-based companies, like Internet service providers,
credit card companies and online advertisers, to cut off ties
with those sites.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
8. WHY CONTENT PROVIDERS
WANT SOPA AND PIPA?
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
• Content groups like the Motion Picture Association of
Tel: +91 - 44 - 2498 4821
America (MPAA), and business representatives like the U.S.
BANGALORE
Suite 920, Level 9,
Chamber of Commerce, argue that innovation and jobs in
Raheja Towers,
26-27, M G Road, content-creating industries are threatened by growing
Internet piracy. Overseas websites are a safe haven for
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE Internet pirates profiting off their content.
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
• According to the Global Intellectual Property Center, which is
Tel: +91 - 422 – 6552921
part of the U.S. Chamber of Commerce, intellectual property-
intensive sectors employ more than 19 million people in the
U.S. and create $7.7 trillion in gross output. Foreign website
operators currently outside the bounds of U.S. law; SOPA and
PIPA would help quell illegitimate Internet activity.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore, • "It's a dangerous and troubling development when the
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 platforms that serve as gateways to information
BANGALORE intentionally skew the facts to incite their users in order
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
to further their corporate interests," Dodd the CEO of the
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
MPAA said.
COIMBATORE • CBS Corporation, which owns CBSNews.com, is a member
BB1, Park Avenue,
# 48, Race Course Road, of the Copyright Alliance -- an industry group
Coimbatore - 641018.
Tel: +91 - 422 – 6552921 representing content producers that supports SOPA and
PIPA.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
10. WHY INTERNET COMPANIES
OPPOSE SOPA AND PIPA?
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore, • Internet companies and their investors would readily say
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 that they're holding the "blackout" to protect their corporate
BANGALORE interests -- and the entire burgeoning Internet-based
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
economy.
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 • Under the rules SOPA or PIPA the start ups wouldn't be able
COIMBATORE to handle the costs that come with defending their sites
BB1, Park Avenue,
# 48, Race Course Road, against possible violations. Such sites would not be able to
Coimbatore - 641018.
Tel: +91 - 422 – 6552921 pay the large teams of lawyers that established sites like
Google or Facebook can afford.
• The legislation in question targets foreign companies whose
primary purpose is to sell stolen or counterfeit goods -- but
opponents say domestic companies could still be held liable
EMAIL for linking to their content.
info@altacit.com
WEBSITE
www.altacit.com
11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
• The impacts could go beyond the economy. Rebecca
Tel: +91 - 44 - 2498 4821
MacKinnon, a senior fellow at the nonpartisan New
BANGALORE
Suite 920, Level 9,
America Foundation, argues that if blogging platforms are
Raheja Towers,
26-27, M G Road, motivated to monitor their content that could have "a
tremendous chilling effect on people trying to conduct
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE political discourse and trying to use content in a fair use
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
context."
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
12. WHERE DOES THE LEGISLATION
STAND?
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 In the wake of online protests held on January 18,
BANGALORE
Suite 920, Level 9,
2012, Senate Majority Leader Harry Reid
Raheja Towers,
26-27, M G Road, announced that a vote on the bill would be
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
postponed until issues raised about the bill were
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
resolved.
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
13. CONCLUSION
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
The OPEN Act would make the International Trade
BANGALORE
Commission, rather than the Justice Department,
Suite 920, Level 9,
Raheja Towers, responsible for policing U.S. connections to foreign
rogue sites. Placing that responsibility in the hands of
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
one entity, rather than the whole court system, would
BB1, Park Avenue,
# 48, Race Course Road, make the process more transparent.
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
THANK YOU
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com