Tuesday, January 17, 2012

English Wikipedia anti-SOPA blackout - Wikimedia Foundation

English Wikipedia anti-SOPA blackout - Wikimedia Foundation:

To: English Wikipedia Readers and Community
From: Sue Gardner, Wikimedia Foundation Executive Director
Date: January 16, 2012


Today, the Wikipedia community announced its decision to black out the English-language Wikipedia for 24 hours, worldwide, beginning at 05:00 UTC on Wednesday, January 18 (you can read the statement from the Wikimedia Foundation here). The blackout is a protest against proposed legislation in the United States — the Stop Online Piracy Act (SOPA) in the U.S. House of Representatives, and the PROTECT IP Act (PIPA) in the U.S. Senate — that, if passed, would seriously damage the free and open Internet, including Wikipedia.

This will be the first time the English Wikipedia has ever staged a public protest of this nature, and it’s a decision that wasn’t lightly made. Here’s how it’s been described by the three Wikipedia administrators who formally facilitated the community’s discussion. From the public statement, signed by User:NuclearWarfare, User:Risker and User:Billinghurst:
It is the opinion of the English Wikipedia community that both of these bills, if passed, would be devastating to the free and open web.

Over the course of the past 72 hours, over 1800 Wikipedians have joined together to discuss proposed actions that the community might wish to take against SOPA and PIPA. This is by far the largest level of participation in a community discussion ever seen on Wikipedia, which illustrates the level of concern that Wikipedians feel about this proposed legislation. The overwhelming majority of participants support community action to encourage greater public action in response to these two bills. Of the proposals considered by Wikipedians, those that would result in a “blackout” of the English Wikipedia, in concert with similar blackouts on other websites opposed to SOPA and PIPA, received the strongest support.

On careful review of this discussion, the closing administrators note the broad-based support for action from Wikipedians around the world, not just from within the United States. The primary objection to a global blackout came from those who preferred that the blackout be limited to readers from the United States, with the rest of the world seeing a simple banner notice instead. We also noted that roughly 55% of those supporting a blackout preferred that it be a global one, with many pointing to concerns about similar legislation in other nations.
In making this decision, Wikipedians will be criticized for seeming to abandon neutrality to take a political position. That’s a real, legitimate issue. We want people to trust Wikipedia, not worry that it is trying to propagandize them.

But although Wikipedia’s articles are neutral, its existence is not. As Wikimedia Foundation board member Kat Walsh wrote on one of our mailing lists recently,

We depend on a legal infrastructure that makes it possible for us to operate. And we depend on a legal infrastructure that also allows other sites to host user-contributed material, both information and expression. For the most part, Wikimedia projects are organizing and summarizing and collecting the world’s knowledge. We’re putting it in context, and showing people how to make to sense of it.

But that knowledge has to be published somewhere for anyone to find and use it. Where it can be censored without due process, it hurts the speaker, the public, and Wikimedia. Where you can only speak if you have sufficient resources to fight legal challenges, or if your views are pre-approved by someone who does, the same narrow set of ideas already popular will continue to be all anyone has meaningful access to.

The decision to shut down the English Wikipedia wasn’t made by me; it was made by editors, through a consensus decision-making process. But I support it.

Like Kat and the rest of the Wikimedia Foundation Board, I have increasingly begun to think of Wikipedia’s public voice, and the goodwill people have for Wikipedia, as a resource that wants to be used for the benefit of the public. Readers trust Wikipedia because they know that despite its faults, Wikipedia’s heart is in the right place. It’s not aiming to monetize their eyeballs or make them believe some particular thing, or sell them a product. Wikipedia has no hidden agenda: it just wants to be helpful.

That’s less true of other sites. Most are commercially motivated: their purpose is to make money. That doesn’t mean they don’t have a desire to make the world a better place — many do! — but it does mean that their positions and actions need to be understood in the context of conflicting interests.

My hope is that when Wikipedia shuts down on January 18, people will understand that we’re doing it for our readers. We support everyone’s right to freedom of thought and freedom of expression. We think everyone should have access to educational material on a wide range of subjects, even if they can’t pay for it. We believe in a free and open Internet where information can be shared without impediment. We believe that new proposed laws like SOPA and PIPA, and other similar laws under discussion inside and outside the United States — don’t advance the interests of the general public. You can read a very good list of reasons to oppose SOPA and PIPA here, from the Electronic Frontier Foundation.

Why is this a global action, rather than US-only? And why now, if some American legislators appear to be in tactical retreat on SOPA?
The reality is that we don’t think SOPA is going away, and PIPA is still quite active. Moreover, SOPA and PIPA are just indicators of a much broader problem. All around the world, we're seeing the development of legislation intended to fight online piracy, and regulate the Internet in other ways, that hurt online freedoms. Our concern extends beyond SOPA and PIPA: they are just part of the problem. We want the Internet to remain free and open, everywhere, for everyone.
Make your voice heard!

On January 18, we hope you’ll agree with us, and will do what you can to make your own voice heard.
Sue Gardner,
Executive Director, Wikimedia Foundation

UPDATE: Since I first posted this article on facebook, someone made this comment to my link, and I thought I should post it here.

WSJ
Wikipedia and many other websites are shutting down today to oppose a proposal in Congress on foreign Internet piracy, and the White House is seconding the protest. The covert lobbying war between Silicon Valley and most other companies in the business of intellectual property is now in the open, and this fight could define—or reinvent—copyright in the digital era.

Everyone agrees, or at least claims to agree, that the illegal sale of copyrighted and trademarked products has become a world-wide, multibillion-dollar industry and a legitimate and growing economic problem. This isn't college kids swapping MP3s, as in the 1990s. Rather, rogue websites set up shop oversees and sell U.S. consumers bootleg movies, TV shows, software, video games, books and music, as well as pharmaceuticals, cosmetics, fashion, jewelry and more.

Often consumers think they're buying copies or streams from legitimate retail enterprises, sometimes not. Either way, the technical term for this is theft.

The tech industry says it wants to stop such crimes, but it also calls any tangible effort to do so censorship that would "break the Internet." Wikipedia has never blacked itself out before on any other political issue, nor have websites like Mozilla or the social news aggregator Reddit. How's that for irony: Companies supposedly devoted to the free flow of information are gagging themselves, and the only practical effect will be to enable fraudsters. They've taken no comparable action against, say, Chinese repression.

Meanwhile, the White House let it be known over the weekend in a blog post—how fitting—that it won't support legislation that "reduces freedom of expression" or damages "the dynamic, innovative global Internet," as if this describes the reality of Internet theft. President Obama has finally found a regulation he doesn't like, which must mean that the campaign contributions of Google and the Stanford alumni club are paying dividends.

Enlarge Image

AFP/Getty Images
The House bill known as the Stop Online Piracy Act, or SOPA, and its Senate counterpart are far more modest than this cyber tantrum suggests. By our reading they would create new tools to target the worst-of-the-worst black markets. The notion that a SOPA dragnet will catch a stray Facebook post or Twitter link is false.

Under the Digital Millenium Copyright Act of 1998, U.S. prosecutors and rights-holders can and do obtain warrants to shut down rogue websites and confiscate their domain names under asset-seizure laws. Such powers stop at the water's edge, however. SOPA is meant to target the international pirates that are currently beyond the reach of U.S. law.

The bill would allow the Attorney General to sue infringers and requires the Justice Department to prove in court that a foreign site is dedicated to the wholesale violation of copyright under the same standards that apply to domestic sites. In rare circumstances private plaintiffs can also sue for remedies, not for damages, and their legal tools are far more limited than the AG's.

If any such case succeeds after due process under federal civil procedure, SOPA requires third parties to make it harder to traffic in stolen online content. Search engines would be required to screen out links, just as they remove domestic piracy or child pornography sites from their indexes. Credit card and other online financial service companies couldn't complete transactions.

(Obligatory housekeeping: We at the Journal are in the intellectual property business, and our parent company, News Corp., supports the bills as do most other media content companies.)

Moreover, SOPA is already in its 3.0 version to address the major objections. Compromises have narrowed several vague and overly broad provisions. The bill's drafters also removed a feature requiring Internet service providers to filter the domain name system for thieves—which would have meant basically removing them from the Internet's phone book to deny consumer access. But the anti-SOPA activists don't care about these crucial details.

The e-vangelists seem to believe that anybody is entitled to access to any content at any time at no cost—open source. Their real ideological objection is to the concept of copyright itself, and they oppose any legal regime that values original creative work. The offline analogue is Occupy Wall Street.

Information and content may want to be free, or not, but that's for their owners to decide, not Movie2k.to or LibraryPirate.me or MusicMP3.ru. The Founders recognized the economic benefits of intellectual property, which is why the Constitution tells Congress to "promote the Progress of Science and useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" (Article I, Section .

The Internet has been a tremendous engine for commercial and democratic exchange, but that makes it all the more important to police the abusers who hijack its architecture. SOPA merely adapts the current avenues of legal recourse for infringement and counterfeiting to new realities. Without rights that protect the creativity and innovation that bring fresh ideas and products to market, there will be far fewer ideas and products to steal.


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