The Stop Online Piracy Act and the Protect Intellectual Property Act may have been the two most hated bills in recent legislative history and now they’re dead. Or are they?
Congressman Lamar Smith “postponed consideration” of SOPA after the Senate postponed the similar PIPA legalization. Does a postponement mean death? Is tabling a bill the same as sealing it in a mahogany box and burying it six feet underground?
“I think that it is dead,” said SUNY Geneseo Political Science Dept. Professor and Chair Jeffrey Koch, Ph.D. But then he added, “It’s dead for the rest of the year. Especially in an election year; anything that generates this level of controversy.”
To understand the legislative process, Koch explained, one needs to know that most bills fail. They’re assigned to committees and then they die a rather quiet death. In fact, most legislators who introduce bills already know this, though Koch thinks its unlikely the authors of SOPA and PIPA thought their bills would die right away.
So the bills are dead and unlikely to return in 2012. What makes Koch think they could rise from their murky graves in 2013 or beyond?
“There are bills that do come back,” he said. In fact, “Many bills that do become laws were introduced in many previous Congresses.” He cites health care as an example: Congress has been wrangling over health care legislation for almost a century. And as we all know, a health care bill did finally pass both chambers; President Obama signed it into law in 2010.
It’s simply not unusual for bills on certain issues to get “introduced again and again and again over time,” Koch told Mashable.
Similarly on the topic of these SOPA and PIPA bills, he said it’s unlikely that they’re dead for all time. The reality is that while most people enjoy the openness and ubiquity of the Internet, piracy is real, is costing people money — and this means, Koch said, “I can’t imagine that it’s going to go away so easily.”
Still, legislating a global entity like the Internet is no simple task. Piracy can start far outside U.S. jurisdiction and, Koch told us, “U.S. law can only reach so far.”
Professor Koch offered no opinion on the contents of the bills — but agreed that they were hard to read, and needed a simplified version.
“They’re written in a very technical legalese,” he said. “That has been the case for quite a while. Most bills these days are that way. Particularly if they do deal with something that is a technical issue, and there are a lot more bills like this as society has become more technical and the issues become more technically complex.”
To review, then: SOPA and PIPA are dead, but only in the way a zombie is dead.
They or something like them will rise up again in 12 months. The new bills may even start dragging themselves around the halls of congress right after the November’s presidential election. Future versions will likely try to address the same persistent issue of piracy, and they will be just as hard to read and understand as today’s “dead” versions of SOPA and PIPA.
The PROTECT IP Act (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011), better known as PIPA was introduced into the Senate by Sen. Patrick Leahy (D-VT). The act’s goals were described by its sponsors as protecting intellectual property and punishing foreign sites who post copyrighted material. If a site was discovered doing so, the U.S. attorney general could order U.S. based Internet service providers, search engines, payment systems and advertising networks to suspend doing business with the website.
Just when we thought the battle lines had been drawn on the Stop Online Piracy Act, tech giants Facebook, Google and Zynga have announced their opposition to the proposed bill.
The companies joined the opposition with a letter to members of the U.S. Senate and House of Representatives about the Stop Online Piracy Act, also called the E-PARASITE act, CNET reports. While they support the bill’s goals of preventing rogue sites from distributing copyrighted materials, the tech giants say the act would “undermine the effective mechanism Congress enacted in the Digital Millenium [sic] Copyright ACT (DMCA) to provide a safe harbor for Internet companies that act in good faith to remove infringing content from their sites.”
The letter also claims the act would “pose a serious risk to our industry’s continued track record of innovation and job creation, as well as to our nation’s cybersecurity.”
Protecting copyright holders may seem like a no-brainer, but some of the bill’s harsh stipulations have caused controversy. For example, posting a video with any kind of copyrighted material could be considered a felony. This includes background music, film clips, clips from national broadcast sports games — even cover songs. This last one has led to the rise of the website FreeBieber.org, which is worried pop-star Justin Bieber could be retroactively prosecuted for posting cover songs to his YouTube channel.
The bill is divided into two parts. The first deals with sites outside U.S. jurisdiction which freely distribute and facilitate copyright infringement. The second part is about increased penalties for all infringements. The House Judiciary Committee scheduled a hearing on the Stop Online Piracy Act for Nov. 16.
The bill has received a lot of support from the entertainment industry and leaders from both political parties. The opposition of major tech companies helps balance the playing field.
Do you think Facebook and Google can help swing the vote, or is the act an inevitability? Will Bieber and other good-faith copyright infringers pay the price? Let us know in the comments.
WikiLeaks is currently in the news because its Afghan War logs comprise one of the largest and most controversial intelligence leaks to date. But while WikiLeaks is relatively new to the public, it is actually a product of a long-established culture. That culture has already had a banner-bearer; a quintessential exemplification of its values -- The Pirate Bay. WikiLeaks is akin to The Pirate Bay, but for another purpose. WikiLeaks disregards the letter of the law and grants political analysts and citizens new information, then defends that choice with an argument for a higher virtue: Freedom of information and knowledge. The founding figures behind WikiLeaks and The Pirate Bay each claim to place that value above all others — that, and a little bit of anti-establishment zeal.At this point, its name is merely symbolic — a statement of philosophical association. WikiLeaks is not a wiki, but shares the same culture, along with The Pirate Bay, LinuxLinux, and the open-source movement. For decades, the members of this "hacker" community have espoused the free flow of information in a world without borders, where no institution, neither corporation nor government, could hinder independent thought and the democratization of knowledge.The connections between WikiLeaks and The Pirate Bay are not merely conceptual. There are also more direct correlations. Both WikiLeaks and The Pirate Bay have been hosted by Swedish Internet service provider PRQ, which also hosted the website of insurgents in Chechnya who sought a publishing platform that would not represent any established state. It's the Swiss bank of InternetInternet providers, and a bastion of 21st century hacker values and individualism.In The New Yorker's detailed profile of WikiLeaks' founder Julian Assange, it's clear that he belongs to this tradition. He began his adult life as a computer hacker with no formal education. Though he did eventually attend college, he had nothing good to say of the experience. This was in part because his mother discouraged him from traditional education, fearing it might rob him of his individualism and will to learn. Today, it seems almost as if Assange is trying to live out the radical philosophies of Ayn Rand.We all know the stories of Bill Gates and Steve Jobs — computer whizzes who dropped out of college because they had technological revolutions to tend to. Assange is in some ways cut from the same cloth, though his choice has not yet earned him dramatic wealth, and his commitment to openness is more radical.But through his project, the tradition has reached the world stage in a whole new way. Computer hackers with this Internet-born, fundamentalist philosophy of information and individual entrepreneurship are not just dictating the terms of technology and digital entertainment, but of journalism, political discourse and military engagement.WikiLeaks and The Pirate Bay are also similar in this regard: You can say what you will of the ethics of it all, but you have to admit it's remarkable.[img credit: Markchew2010]
There’s a good chance that you’ve come across the word “meme” at some point or another in the past few years. It’s an arcane academic concept but at the same time it’s also one of those things that you can identify, but can’t describe easily. Richard Dawkins coined the phrase in an effort to help explain cultural evolution in his 1976 book, The Selfish Gene, where it’s defined as a shared element intended to be passed around within a culture, a societal analog to a gene. Everything from Tamagotchis to “That’s what she said” count as memes. On the InternetInternet, memes are more visible than ever before, and what’s more, they’re also serious business.
Now, even though it may not be immediately apparent, there are a number of universal qualities that all successful viral memes have in common.
1. Content is Everything
On the Internet, content is everything. It’s what will make or break a site. Why would anyone want to go to a website if there’s nothing interesting or entertaining to see? Visitors will flock to your creation so long as you consistently feed users good content that’s appropriately presented and packaged.
This may read like a page from the Book of ‘Duh’, but play to your strengths. For instance, if you’re not a fan of writing a whole lot, don’t start a long-form, text-heavy blog, and stick to editing incoming user-generated content.
2. Simplicity
“Going viral necessitates a universal understanding of the joke,” says Lauren Leto, co-founder of Texts from Last Night. “There’s a reason commentary on quantum physics doesn’t pull the attention of the masses, but a joke about a cat stuck in a box does – because it’s a quick laugh. The easier to digest, the more people will forward the content around.”
Beyond the content, your site should be simple to interact with as well. We all know that every type of person is on the web now, so by designing a simple, elegant, and intuitive site for users, as well as administrators, may save you a lot of headaches down the road.
Sometimes you don’t even need to build something fancy and custom yourself. This Is Why You’re Fat runs off of TumblrTumblr, which is a great platform for testing out whether or not the public will eat up your idea, and also has integrated sharing features which is helpful for growth. Depending on what your project is, you may not need to expand beyond it, but if you do, the next step up would be a service like WordpressWordPress, which affords the administrator more customized options. You can always build your own site, but that can often be time and cash-intensive.
3. Emote
The brain is very good at making associations. If your content is able to get people to respond emotionally, get people to laugh and enjoy themselves, you’re gold. That emotional connection serves as a sort of glue, binding the association between your content or site and enjoyment and with each exposure to entertaining, funny, or otherwise emotionally provocative content, that association between “your site” and “totally amazing” becomes stronger and stronger.
Here’s a quick case study: According to my network of unnamed spies, there are two groups of people who seem to be drawn to LOLCats. The first are people who just find it funny. The other group is made up of the passionate folks perhaps better known as “crazy cat ladies.” Their overwhelming love of cats drives them to spend time on the site as well as to spend money on the books that are available now as well. Think about that.
One of the biggest emotional hooks is empathy, which is where the success from sites like Awkward Family Photos and Shit My Dad Says come from. We’ve all got our own awkward family portraits, and we’ve all heard our parents say ridiculous things. White people will laugh at themselves reading Stuff White People Like, while non-white people will gladly laugh at the ironically accurate absurdity of “the definitive guide to the unique tastes of millions.” Note how race and family are some big-picture concepts. There’s lots of potential material in those spaces to play with, which can get users to respond to easily.
They’re original concepts unattached to any other properties, and by virtue of that, their owners can do things like make T-shirts, produce iPhone and iPad apps, and even develop TV shows (Shit My Dad Says landed a TV deal with CBS not too long ago and its slated to star William Shatner).
Then there are a those other sites that are inherently related to some third party “black box.” Sometimes that third party has no problem with what you’re doing (Remember Rick Astley Rickrolling the Macy’s Thanksgiving Day Parade?), sometimes they do. Avoid any potential messes by working on something completely unique and independent.
5. Share It
As with all things on the ever-growing social web, memes live and die by the ability to share content. If your content isn’t bite-sized and isn’t surrounded by some controls to share: Like, Tweet, Stumble, DiggDigg, or something else, you’re doing something wrong.
“Your content should be instantly identifiable no matter where it ends up on the web,” says Ben Bator, co-founder of Texts From Last Night. “Humorous material is meant to be shared, so don’t limit the possibilities.”
My personal favorite sharing control is the “share by e-mail” function found on ICanHasCheezburger. Remember how crazy cat ladies love that stuff? Guess what else they love to do – that’s right, forward everyone they know those pictures, so why not have that right on the site? Brilliant, though unfortunate for the rest of us.
If you’re using a blogging service like Wordpress or Tumblr, make sure that that sharing via third party services (FacebookFacebook, TwitterTwitter) as well as controls like AddThisAddThis are enabled.
At the launch of your project, you should also make sure that there are appropriate avenues for discussion, sharing, and fandom on third party services. Get yourself a Facebook Fan page, add certain pages to Stumble Upon, register appropriate Twitter handles, and popularize the hashtags you want to use. Being in control of your content outside of your site is important.
6. Protect Your Content
Because you’re working on the Internet, there’s a good chance that your content will spill out everywhere besides your website. Set Google Alerts for your site’s name and even for popular content (if it’s text-based) so that you can be alerted to copycat websites or apps.
You should have an attorney send any copycat sites cease and desist notices immediately to the owners of those sites. You don’t absolutely need an attorney to do this for you, but you’re usually guaranteed better results. Most copycats will stop immediately once they hear from you if you’ve done the job properly.
In addition, you should protect yourself from potentially angry users by creating a bulletproof “Terms of Service” page. “[It] should be the first page you complete. Make your intentions clear, otherwise you will just piss off your users (and possibly lose out on a book deal),” says Bator. Unless you’re an oracle, it’s unlikely that you know what direction your site will follow as it grows.
“Launch with a broad but legit terms of service and take it from there,” suggests Jessica Amason, co-creator of This Is Why You’re Fat and Viral Media Editor at BuzzFeed.
7. Listen
The only reason Chuck Norris Facts exist is because I asked the visitors to my site what they wanted to see. I had started my site with “Vin Diesel Facts” and after getting a few million hits and some mentions in the press, I put up a poll to ask visitors who the site should include next. The rest is history.
Don’t necessarily crowdsource your major decisions to your users since you probably don’t know or trust them that well, but it’s just as much their site as it is yours to a certain extent. Users/members ought to have a say in things, if only to let you know if you’re going in the right direction.
8. Don’t Force It
There’s a good chance you’ve heard this phrase in one context or another. Most memes seem to start and grow organically — their successes are a result of good content, stellar execution, and everything else previously mentioned. It’s really hard to work backwards.
Some people in the meme-machine world will actually start a large number of sites per year, expect most of them to fail, and just support the ones that take off. Others think that because they may have succeeded with one meme that they will be guaranteed success with their next venture. The best example of this in recent memory is follow-up project that the creator of the Million Dollar Homepage started after he finished making his million bucks. The man made a million dollars. Anyone in his shoes probably thought that the next move, whatever it might be, would be golden, but it was a total flop.
But hey, expect to make mistakes. You learn more from them anyway.
9. Love it, and Let it Go
All memes reach a point when their 15 minutes are up and the traffic levels off to die-hard fanatics, and a relatively constant stream of new visitors who come and go. As with all things in life, make sure you love what you’re doing. There’s a lot of work involved with running these things. I had to review thousands and thousands of submissions at my site’s peak. It’s hardly fun, especially knowing you’re on a ticking clock.
Also, be sure to consider the implications of being the face of your meme. The people who seem to be into it the meme I created most right now are annoying frat guys who spend their days “icing” their “bros,” and that’s not necessarily a group that I want to call myself the leader of. Sure, it’s great that so many people from around the world have enjoyed what I’m responsible for, but at the end of the day, it’s pretty ridiculous.
What are some of your favorite Internet memes? Tell us in the comments below.
Ian Spector is the creator of Chuck Norris Facts. His latest book, 
