POLL: Should File-Sharing Be Considered “Free Speech”?
Despite the humour of the FOX censor, this post has little if anything to do with what it commonly called ‘broadacst standards’ in use today. Nope, it refers to censorship outside of the studio, in this case, by the government, and no, I’m not talking about those naughty cartoons from Japan that have lead to charges for some people either.
The issue is that the entertainment lobby (read: the MPAA) really wants to pass a law called PROTECT IP. Now they claim that this law will give them and the government the legal firepower to stamp out “piracy” or unauthorised file-sharing. However there’s a problem.
That problem is that there are no due process clauses. In fact, the government can simply confiscate a website based on accusation alone, no proof required!
Scary thoughts, no?
Anyway, yesterday, an analyst from Disney by the name of Anthony Accardo wrote on the Harvard Business Review website that granting the government the authority to confiscate websites for file sharing would not run counter to the free speech clause in the constitution. In other words, content owners should be allowed to control how you see and view content because they said so.
I recommend you read Mike Masnick’s response on Techdirt for a good deconstruction/analysis of Accardo’s arguments.
My point is that, as an animator or other artistic type, do you think that this proposed law would cross the line when it comes to censorship? I mean, it’s one thing to use legal steps and the courts to remove your content from places you don’t want it to be but isn’t it quite another to just blithely remove not just the content but also the hosting site itself based solely on accusation rather than evidence?
Please answer the poll below or share your thoughts in the comments.