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Congressman Lamar Smith, SOPA Author, Is a Copyright Violator

SOPA‘s intent isn’t what makes it bad. Trying to protect copyrighted content is a good thing, it’s just that when that pursuit goes so far as to slaughter Fair Use and threaten to forever change the Internet — in a bad, bad way — it’s not worth the fallout. What better way to illustrate SOPA’s overzealous approach than to start showing how practically everyone would be in violation, people like Lamar Smith, for example, SOPA’s author. We told you about the anti-SOPA petition that could have taken down Whitehouse.gov under SOPA, and congressman Lamar’s website is a similar situation.

Jamie Lee Curtis Taete of VICE, while checking to make sure Smith’s website was SOPA-clean, uncovered that Smith was actually guilty of copyright infringment for his use of a background photo. As you can see in the image above, there’s a landscape peeking out from behind the main body of the site, and as it turns out,  Smith never got any permission to use the picture. Taete was able to track down the picture’s photographer, DJ Schulte, who confirmed that no one had ever asked him for permission.

To make matters worse, the picture is under the Creative Commons license. This means that anyone can go ahead and use that picture for things just so long as it’s not commercial and the user credits Schulte. You can probably see where this is going. But the picture is licensed for free use anyway, right? Maybe just ask for attribution? What’s the big deal? Well, under SOPA, it’s a huge deal. That is SOPA’s primary failing, that common, insignificant mistakes can be blown out into DNS blocking for various flimsy reasons ranging from laziness to malicious intent. Under SOPA, www.texansforlamarsmith.com would be in some pretty hot water and just asking to be blocked.

While the anti-SOPA petition illustrated that languge in SOPA about linking was a death sentence to user-generated content, this illustrates how easy it is to just make a little mistake and get reamed for it. Smith’s office hasn’t made any comment on the whole situation yet, but it should be interesting to see him try and double-talk his way out of it considering how loudly and unilaterally he’s lambasted SOPA-detractors for overreacting. Now the shoe is on the other foot, and that foot is soon to be in Congressman Smith’s mouth.

(via VICE)

Relevant to your interests

  • http://twitter.com/eysselinck Ben Eysselinck

    Have there been any journalists with enough temerity to challenge Congressman Smith about his violations of his own law?

  • http://Geekosystem.com Eric Limer

    Well right now there’s a whole legion of people clamoring for a response from Smith about all this. That’s about as much as anyone can really do. He fixed the website before anyone had a good chance to do anything about it under current law. 

  • Anonymous

    No mainstream journalists will touch it because they are too cowardly to challenge their parent companies who support the legislation. It might be worth flooding their Twitter feeds with taunts until they change their minds:

    @chucktodd @savannahguthrie @anncurry @nmoralesnbc @joenbc @morningmika @lukerussert @kellyo @CNBC @carlquintanilla @ricksantelli @jimcramer @mariabartiromo @JakeTapper @dianesawyer @GStephanopolous @maddow @edshow @lawrence @thelastword @hardball @oreillyfactor @seanhannity @gretawire @foxandfriends @megynkelly @FoxBusiness @LouDobbsNews @TeamCavuto @LizClaman @ericbolling 
    Obviously, there are many other targets as well.  You can tweet Lamar Smith at @LamarSmithTX21. 

  • 0chimobayo0

    mother ****** pay the copyright or we’ll never do it

  • http://truth-and-opinion.dyndns.org/ mavigozler

    Finding a Republican hypocrite is like going to a shopping mall to see if there are pennies in the fountain:  it’s too easy!  Of the list of Republicans (and quite a few Democrats too) holding elected office who are hypocrites, you can save time by listing instead those for whom there is no (substantial) evidence that they are hypocrites.  To h*ll with all of them!

  • http://Geekosystem.com Eric Limer

    The issue there is that most of your mainstream journalists, as it were, are all wrapped up in content providers that support SOPA. You can decided how much of a conspiracy you think is going on there. 

  • http://twitter.com/Darr247 Darr Darr

    Yes, he probably is in violation of even the laws currently on the books, let alone future laws, but what the author apparently doesn’t “get” is legislators exempt themselves from laws they pass, so he cannot be officially classified a scofflaw even though he may well be one.

    They don’t have to adhere to any of the civil rights laws they passed, either. I’m surprised they haven’t exempted themselves from having to pay taxes.

  • http://tinyurl.com/ANoiXioNA-personal-info ANoiXioNA

    corporate Government Corp-vernment controlled media at it’s best.
    Same as when = journalists puppet’s don’t ask politicians about corruption from lobbyists bribery.

    More … “”conflict of interests”" ……. rather than “”conspiracy”"
    The fact’s are there.. without needing to wildly conclude conspiracy.

  • Larry Smith

    If PIPA and SOPA are applied only to non-USA domains, why shouldn’t it be enforced for only USA owned content companies? Why should USA internet companies work for UK, French, and Japanese corporations?

    EMI – owned by EMI Group, a UK Corporation
    Sony Music Entertainment — owned by Sony, a Japanese Corporation
    Universal Music Group — owned by Vivendi, a French Corporation
    Warner Music Group owned by Access Industries,  a USA Corporation

  • Jz27513

    There
    is no backbone for American journalists anymore these days – I mean “mainstream”
    they are worst then journalists in communist china, they are “inbed” with
    government, say whatever pleasure government to keep their jobs… looks, there is
    more than 9% unemployment rate everywhere, plus, all those journalists are
    liberal arts major, no hard skills like math, computer language, how dear you
    blame them? They are human being, they have mortgage like you, they have
    children like you, can you blame them not tell the truth?

  • Anthony Flazir

    Federal Law exempts Congressional communications from classification as “commercial use.”  They can use any “personal use” licensed items.  I will post the cite when I find it.  I raised this issue with my congressman after he sent a flyer with a photo that I recognised from a stock shot catalogue, but with no attribution.

  • Xiaopihai

    You can get foreign websites to report on it, and the companies who back SOPA can’t do anything about that

  • http://twitter.com/InstantMALE InstantMALE

    Lamar Smith is a douchebag and must be removed from office, 


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