SOPA and its effect on digital distribution for independent development

The Stop Online Piracy Act (SOPA) is one of the most contentious pieces of legislation to hit the Internet in recent history, even more so than the Pro IP Act. The Act is purportedly designed to institute measures that will restrict piracy arising from foreign websites. However, the effectiveness of those measures has been put into question by the legislation’s opposition. According to opponents of the Act, the government and private authority granted by the legislation creates a number of complex concerns, includingfreedom of speech, user privacy, and Internet security. These concerns are only the tip of the iceberg.

Additionally, that original purpose seems to only appear sporadically in the legislation. Some of the procedures and policies presented in the body of the Act, particularly those concerning private enforcement actions, seem to have little to do with preventing piracy originating in foreign countries. Instead these provisions raise the question as to whether they are meant to work hand in hand with the DMCA safe harbors or operate as back door. While the DMCA safe harbors are a far cry from perfect for the purpose of eliminating piracy, they are at the very least effective, although not always efficient.

The 78 page Act in its original form is a substantial body of legislation with a bare minimum of eight moving parts. These parts break down to both government enforcement and private enforcement. This poses another problem in the Act: according to opponents, the Act’s lack of cohesion and the sheer number of regulations it imposes on any number of Internet businesses makes meaningful discussion concerning the entirety of the Act a difficult proposition. Tackling the entire body of the legislation in one go would be next to impossible.


Yet taken in parts, we can get a clearer picture of the potential effect this Act may have on things like digital distribution for small game developers. One of the more disconcerting parts of this legislation from the perspective of independent game development comes in the form of the private enforcement actions available under Section 103 of SOPA.

Section 103

This section permits private individuals and entities to pursue civil actions against website owners. Additionally, the legislation gives private parties the authority to cut off financial support to that website by forcing payment vendors and advertisers to suspend their services.

External Reference: www.gamasutra.com