Rich Fiscus
6 Dec 2011 10:34
While supporters of SOPA, the US Internet censorship bill claiming to be aimed at combating online piracy, the reality is it would cast a wide net and make it significantly more difficult and expensive for many legitimate online services to operate.
One such service is Bookshare, an online library for people with various visual and reading disabilities, ranging from blindness to dyslexia. Bookshare provides unlimited access to specialized ebooks which can be translated into spoken words, Braille, or large print using various software and hardware.
The service is intended to fill a gap in many commercial products, which are designed specifically to disallow such conversions as a result of demands from publishers and authors preoccupied with piracy and performance royalties.
Bookshare is a completely legal service thanks to a specific provision in US Copyright law, found in Section 121, also known as the Chafee Amendment:
Notwithstanding the provisions of section 106, it is not an infringement of copyright for an authorized entity to reproduce or to distribute copies or phonorecords of a previously published, nondramatic literary work if such copies or phonorecords are reproduced or distributed in specialized formats exclusively for use by blind or other persons with disabilities.
SOPA apparently has shoot first, ask questions later provisions. If any single publisher or author of any one of the more than 130,000 accessible books in our library gets antsy, they can send a notice to VISA and MasterCard and say, stop money from going to Benetech and Bookshare. No more donations to our charity. No more subscriptions from individual adults with disabilities.
No need to send us a letter. Or file a DMCA notice. Or do any real research. Just send out a bunch of notices and get all those pirates! Except, we?re not pirates. But, now the burden of proof has shifted to us: we?re presumed guilty, and we have to spent time and money defending ourselves. Sounds kind of un-American, doesn?t it?
Now, apparently, we can file a counter-notice. But, my guess is that the credit card guys are going to play it safe and stay away from turning ?pirates? back on, and we?d end up in court arguing to be able to get our ability to receive funds for our socially beneficial work, not only to help people with disabilities but also our work to help environmental and human rights groups.