This note seeks to critically evaluate the current trend of copyright legislation, and use the response for legislation to hypothesize what sort copyright legislation for the Internet may be successful in the future. The SOPA/PIPA legacy provides evidence for today's legislature that broad reforms will not work. Indeed the reigning in seen in OPEN was a reflection of SOPA/PIPA progeny being responsive to public outcry over SOPA/PIPA. I conclude that OPEN would have been an appropriate balance of constriction and Internet availability. If passed, OPEN would have been a step in the right direction to combat the illegal access and the download of copyrighted works on the Internet. Therefore, should there be copyright reform in the near future, it will certainly resemble OPEN more than it will resemble SOPA/PIPA.
Regulating the Unregulable: Finding the Proper Scope for Legislation to Combat Copyright Infringement on the Internet,
36 Hastings Comm. & Ent.L.J. 167
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