Assuming all five of you are the kind of sophisticated readers that frequent this blog, I’m not going to tell you anything you didn’t already know about SOPA. Now that pretty much every useful site on the Internet has gone to blackout mode in protest, there’s no shortage of opportunity to learn as much as you’d care to about this legislation. I could go on about how SOPA essentially establishes a presumption of guilt, how it puts what ought to be government power in the hands of private actors, and how its technical requirements would render useless much of what we value about the Internet, but you can get this anywhere; I’ll dedicate my time to saying something else.
And that something else is this: the more I live on this earth, in this American society, and the more I read and learn, the more I become convinced that capitalism (that is to say, the actual existing capitalism of today, not the fantasy capitalism of libertopia) has pretty much nothing to do with markets. I think this is true generally, and there are ample other opportunities to observe this fact, but the SOPA fight really brings the contrast between these two ideas into sharp relief. It’s pretty obvious that what’s going on here is the sort of expansion of rent-seeking that’s been the hallmark of copyright legislation for decades now; indeed, it would be surprising if something like SOPA (or it’s proposed almost-as-shitty replacement PIPA) were not the next step in the entertainment industry’s tireless fight to avoid the fate of the dinosaurs. The contrast of note here is industry’s reliance on market-based language for justification while doing the utmost to squelch any responsibility they might have toward satisfying their actual target market. This goes beyond the basic, easily-understood idea that many ordinary pirates are really just dissatisfied customers who are tired of paying exorbitant amounts of money to be treated like criminals; it’s at the point where Monster Cable (yes, those fuckers) includes Costco among its list of “rogue” sites that would likely fall under the purview of SOPA (see link above). It’s pretty obvious here that what Monster is doing (what all those who are pushing for SOPA are doing) is attempting to buy legislation that would effectively make it illegal to compete with it.
This, and numerous other instances, put the lie to the idea that the backers of SOPA have any interest in responding to market pressures. What they’re really trying to do is to legislate their competitors out of existence, i.e. to leverage the power of the state for the purposes of delivering private industry profits. If that sounds like a retread of something you might have heard before, it should; it’s the m.o. of the financial industry following the crash. Not exclusively, of course; there are thousands, maybe tens of thousands of small-time examples of this sort of thing. An extra clause in a bill here, an additional regulation there, and oh look, you can’t park on the street overnight in front of your own home because that’s basically like cheating landlords out of extra money they can squeeze from you for parking spaces (thanks, city of Providence!). In short, everyone likes to talk about capitalism, but no one, not even the big boys, actually want to live it.
SOPA by itself is tragedy enough, but what’s even sadder is that it’s just a symptom of something that’s been going on a long time: if you’ve got the money, you can buy yourself the legislation you need to screw your competitors, all the while paying lip service to some notion of markets that doesn’t exist anywhere outside of an Econ 101 textbook. Market-speak is just a useful tool to keep the proles outraged about paying taxes that might possibly benefit a poor and/or brown-skinned person someday, but when it comes right down to it, there ain’t nothing a big corporation hates as much as it hates competition. We want to keep the government out of our business, sure, but there’s nothing more we like than to get the government into someone else’s business, or better yet, someone else’s bedroom if we can. So remember that the next time you hear some immaculately-coifed suit expound on the virtues of free markets and competition: they don’t mean it, or to the extent that they mean it, it’s for thee (you) and not for me (them). These people are paid liars and if our press had half the integrity they like to think of themselves as having, they’d laugh these shills right out of the studio.
In conclusion, I’d like to announce that upon the formation of Glorious Socialist Utopia, all RIAA and MPAA execs will be sent down to the salt mines. You have been duly warned.