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by darrikmazey 5285 days ago
In so much of this discussion, people seem to get distracted arguing whether pirating media is morally reprehensible or not. This is irrelevant to whether SOPA is a good solution to the alleged problem. I perceive two separate debates: whether piracy is a "problem" and whether SOPA solves that "problem."

SOPA is simply an industry of middlemen asking a heavier hand to come down and reinforce a business model the market has allowed to decline. Whether that is because customers demand better options and are not being satisfied or not is largely immaterial. The so-called act of piracy is already illegal, and what is being asked for is not legal recourse for this (that already exists) but a course of action immune from repudiation and challenge. It is a unilateral action without oversight or representation, and for this reason it is contrary to the foundation of the Constitution. Typically, the more egregious offenses carry the stiffest penalties, but all allow for some sort of defense and reasonable trial. If society has deemed that this is a more serious offense than previously evaluated, legislation increasing the penalty can be enacted, but legislation removing one's ability to defend oneself prior to punishment being enacted is unthinkable.

Private entities are being legislatively appointed to enforce public law, and this is unacceptable. It is a conflict of interest, as the public has no means to remove from "office" those serving the public in this manner. In all other aspects of public law, one has a vote somewhere in the chain to reconcile abuse of power. We can not vote on a private company whose enforcement of the law becomes corrupt, save economically, and economically our vote is severely disadvantaged.