Sunday, January 15, 2012

Crime Free + SOPA + Copy = Oh my!

Scattered Crime-free Housing Mandates Across the Country + Felonious Copyright Infringement  = Sheer Maddening Madness For the Copyright Holder

Although at first glance this may seem a little too sideband for this particular project, however copyright infringement issues fall smack in the middle of a potentially hazardous to everyone's legal health circumstance.

First, there are many crime-free housing laws lurking in the municipal code books of many municipalities across the United States.  Without veering too far off base, a key risk element to a percentage of these crime-free housing mandates is the ability to immediately evict an individual based on the arrest of an individual on a charge of felonious behavior, without any due process being provided to the individual being arrested.

Opposed as I remain to what I cannot help but view as cowardly tactics being employed to do the "dirty work" landlord's have always had the power to inject whenever the desire to evict someone from a piece of property while a lease is in effect has arose, there is something far darker lurking these halls of virtual justice for the rightful holder of a copyright.

No, the copyright process as a whole does not need to be wiped clean and entirely eliminated as some school's of thought promote, but perhaps most importantly, there is no need to adjust the felonious behavior scope to cover one and all with a felony charge if they are improperly utilizing a copyrighted piece of work.

Since the definitions surrounding the meanings of "utilizing" a copyrighted piece of work range from the Fair Use end of the spectrum, right down to a demostration online proposed to be performed on a member of Congress should SOPA laws as they existed at the time were to be adopted and enacted into law.

So while I was off working on an entirely different portion of this V Decision Tree projection, it crossed my mind the SOPA legislation is still in the legislative machinery.

I figured this was as good of a place as any to drop off an extension of the theoretical demonstration of a politician being accussed of a criminal act involving a piece of copyrighted material.

If that politician was to be arrested on felony charges for the picture(s) he had on his website, it wouldn't matter if he was able to produce paperwork showing permission to use said pictures in terms of his being able to keep his home.  He'd be kicked out.  Kicked to the curb.  Here's your stuff! Get out!  You caused a cop to come to your door for suspected reason of felonious behaviors and are no longer welcome in this community.  Leave!  Exit!  Do not pass Go! Do not collect any money from the act.  Screw you and here's the bird!

Oh wait.  I forgot.

If that politician owned his home, he would be entirely excluded from the Crime-free housing laws on at least a few municipal code books I've reviewed over the years.  In fact, many of these laws focus solely on the renter being the more likely individual to perform a felonious act than a home owner.  Yup!  That's why some of the largest and most damaging financial scams over the years were performed by renters, not home owners.  After all, an individual can own a corporation that owns a home that then leases the home to the owner...

It just seems outright insane for someone to expect me to default label someone a felon if I catch them using any materials I may own the copyrights on.  There are degrees to such activities, just as there are degrees applied to all other areas of law.  Can there be victims?  You bet!  Fines?  To the victor will go the spoils?  Arrest?  Hmmm...

Loss of home due to arrest for copyright violations and crime-free mandates combined?

Again.  Seems a little extreme of a potential event at the hands of every individual, no matter how these legislative methods are leveraged in and out of the court room history books.

So basically it would boil down to this.  Every time I was to spot someone broadcasting my copyrighted materials, I would have to figure out what local police department would have jurisdiction so that I could present my evidence and then submit my request for enforcement of the laws that tell me this is the only way to begin the resolution/restitution process and if the person isn't hauled off to jail on my immediate say-so due to the evidence I could bring to the circumstance...what...file a complaint against the police department for not properly discharging their duties?  What if a copyrighted piece of materials has no markings designating it as such?  Just think of the number of graphics dumped onto your hard drive every time your computer caches a website.  Do I have permission to have them there?  My browser suggests that I do and so does my operating system, but what if I move them?

Therefore, I may not have alternatives to offer and maybe I've been misinformed/mislead about the enforcement measures still in the legislation, but this perspective still fits in as an extended thought coming from this particular effort no matter what the SOPA outcome becomes.

There has to be better ways of keeping up a system of copy rights/responsibilities/enforcement for one and all to at least try to abide by...

Right?