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ClayShirky_2012S-_为什么sopa不是个好主意_

I'm going to start here. [00:12]
This is a hand-lettered sign that appeared in a mom and pop bakery in my old neighborhood in Brooklyn a few years ago. [00:14]
bakery:n.面包店; neighborhood:n.附近;地区;街坊;adj.附近的;
The store owned one of those machines that can print on plates of sugar. [00:21]
And kids could bring in drawings and have the store print a sugar plate for the top of their birthday cake. [00:25]
But unfortunately , one of the things kids liked to draw was cartoon characters. [00:32]
unfortunately:adv.不幸地;
They liked to draw the Little Mermaid , they'd like to draw a smurf , they'd like to draw Micky Mouse. [00:37]
Mermaid:n.美人鱼(传说中的);女子游泳健将; smurf:n.(影视)蓝精灵;(俚)洗黑钱的人; Micky:n.精神;骄气;
But it turns out to be illegal to print a child's drawing of Micky Mouse onto a plate of sugar. [00:42]
illegal:adj.不合法的;非法的;n.非法移民;非法劳工;
And it's a copyright violation . [00:50]
copyright:n.版权;著作权;adj.受版权保护的;未经准许不得复制的;v.获得…的版权; violation:n.违反;妨碍,侵害;违背;强奸;
And policing copyright violations for children's birthday cakes was such a hassle that the College Bakery said, "You know what, we're getting out of that business. [00:52]
violations:n.违反,妨碍;违规或不雅行为(violation的复数形式); hassle:n.困难;麻烦;分歧;争论;烦恼;v.(不断)烦扰,麻烦;
If you're an amateur , you don't have access to our machine anymore. [01:02]
amateur:n.爱好者;业余爱好者;外行;adj.业余的;外行的;
If you want a printed sugar birthday cake, you have to use one of our prefab images -- only for professionals ." [01:06]
prefab:n.预制件;组合式预制房;adj.预制的;组合式的;vt.预先制造;预先构想; images:n.印象;声誉;形象;画像;雕像;(image的第三人称单数和复数) professionals:n.[管理]专业人员(professional的复数);
So there's two bills in Congress right now. [01:14]
Congress:n.国会;代表大会;会议;社交;
One is called SOPA, the other is called PIPA. [01:17]
SOPA stands for the Stop Online Piracy Act. [01:19]
Piracy:n.海盗行为;剽窃;著作权侵害;非法翻印;
It's from the Senate . [01:21]
Senate:n.参议院,上院;(古罗马的)元老院;
PIPA is short for PROTECTIP, which is itself short for [01:23]
Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property -- because the congressional aides who name these things have a lot of time on their hands. [01:28]
Economic:adj.经济的,经济上的;经济学的; Intellectual Property:知识产权; congressional:adj.国会的;会议的;议会的; aides:副官;
And what SOPA and PIPA want to do is they want to do this. [01:38]
They want to raise the cost of copyright compliance to the point where people simply get out of the business of offering it as a capability to amateurs . [01:42]
compliance:n.顺从,服从;承诺; capability:n.才能,能力;性能,容量; amateurs:n.业余爱好者;业余运动员;生手;外行;(amateur的复数)
Now the way they propose to do this is to identify sites that are substantially infringing on copyright -- although how those sites are identified is never fully specified in the bills -- and then they want to remove them from the domain name system. [01:53]
propose:v.建议;提议;求婚;打算; identify:v.识别:鉴定:确认:发现: sites:n.网站(site的复数);遗址,举办地点;v.使...位于(site的单三形式); substantially:adv.实质上;大体上;充分地; infringing:侵害;侵占; identified:v.确认;认出;找到;发现;说明身份;(identify的过去式和过去分词) specified:v.指定;具体说明;逐一登记;列入清单;(specified是specify的过去分词) domain name:n.域名;
They want to take them out of the domain name system. [02:07]
Now the domain name system is the thing that turns human-readable names, like Google .com, into the kinds of addresses machines expect -- 74.125.226.212. [02:09]
Google:谷歌;谷歌搜索引擎;
Now the problem with this model of censorship , of identifying a site and then trying to remove it from the domain name system, is that it won't work. [02:23]
censorship:n.审查制度;审查机构; identifying:n.识别,标识;标识关系;v.识别;(identify的现在分词)
And you'd think that would be a pretty big problem for a law, but Congress seems not to have let that bother them too much. [02:32]
bother:v.烦扰,打扰;使…不安;操心,麻烦;n.麻烦;烦恼;
Now the reason it won't work is that you can still type 74.125.226.212 into the browser or you can make it a clickable link and you'll still go to Google. [02:37]
browser:n.[计]浏览器;吃嫩叶的动物;浏览书本的人; clickable:可以点击的;
So the policing layer around the problem becomes the real threat of the act. [02:48]
layer:n.层,层次; vt.把…分层堆放; vi.形成或分成层次;
Now to understand how Congress came to write a bill that won't accomplish its stated goals, but will produce a lot of pernicious side effects, you have to understand a little bit about the back story. [02:56]
accomplish:v.完成;实现;达到; pernicious:adj.有害的;恶性的;致命的;险恶的;
And the back story is this: [03:06]
SOPA and PIPA, as legislation , were drafted largely by media companies that were founded in the 20th century. [03:08]
legislation:n.立法;法律; drafted:v.起草;草拟;选派;抽调;(draft的过去分词和过去式) largely:adv.主要地;大部分;大量地; media:n.媒体;媒质(medium的复数);血管中层;浊塞音;中脉;
The 20th century was a great time to be a media company, because the thing you really had on your side was scarcity . [03:15]
scarcity:n.不足;缺乏;
If you were making a TV show, it didn't have to be better than all other TV shows ever made; it only had to be better than the two other shows that were on at the same time -- which is a very low threshold of competitive difficulty. [03:20]
at the same time:同时;另一方面;与此同时; threshold:n.入口;门槛;开始;极限;临界值; competitive:adj.竞争的;比赛的;求胜心切的;
Which meant that if you fielded average content , you got a third of the U.S. public for free -- tens of millions of users for simply doing something that wasn't too terrible. [03:37]
content:n.内容,目录;满足;容量;adj.满意的;vt.使满足;
This is like having a license to print money and a barrel of free ink. [03:51]
license:v.许可;批准; barrel:n.桶;枪管;一桶(的量);v.飞驰;
But technology moved on, as technology is wont to do. [03:55]
technology:n.技术;工艺;术语; wont:n.习惯;惯常活动;adj.习惯于;vi.习惯,惯常;vt.使习惯于;
And slowly, slowly, at the end of the 20th century, that scarcity started to get eroded -- and I don't mean by digital technology; [03:58]
eroded:v.腐蚀;风化;削弱;损害;(erode的过去分词和过去式) digital:adj.数字的;手指的;n.数字;键;
I mean by analog technology. [04:05]
analog:n.[自]模拟;类似物;adj.[自]模拟的;有长短针的;
Cassette tapes, video cassette recorders, even the humble Xerox machine created new opportunities for us to behave in ways that astonished the media business. [04:07]
humble:adj.谦逊的; vt.使谦恭; Xerox:n.施乐(商标名,美国办公设备制造公司); vt.用静电复印法复印; behave:v.表现;(机器等)运转;举止端正;(事物)起某种作用; astonished:adj.吃惊的;
Because it turned out we're not really couch potatoes. [04:17]
couch:n.睡椅,长沙发;床;卧榻;v.蹲伏,埋伏;躺着;
We don't really like to only consume . [04:21]
consume:v.消耗;吃;毁灭;烧毁;
We do like to consume, but every time one of these new tools came along, it turned out we also like to produce and we like to share. [04:24]
And this freaked the media businesses out -- it freaked them out every time. [04:33]
freaked:v.(使)强烈反应,震惊,畏惧;(freak的过去分词和过去式)
Jack Valenti, who was the head lobbyist for the Motion Picture Association of America, once likened the ferocious video cassette recorder to Jack the Ripper and poor, helpless Hollywood to a woman at home alone. [04:37]
lobbyist:n.说客;活动议案通过者; Motion Picture:adj.电影的; Association:n.协会;关联;联想;交往; likened:vt.比拟;把…比作; ferocious:adj.残忍的;惊人的; video cassette recorder:n.盒式录像机; Ripper:n.撕裂者;粗齿锯;裂具; helpless:adj.无助的;无能的;没用的;
That was the level of rhetoric . [04:52]
rhetoric:n.修辞,修辞学;华丽的词藻;adj.花言巧语的;
And so the media industries begged, insisted, demanded that Congress do something. [04:54]
And Congress did something. [05:00]
By the early 90s, Congress passed the law that changed everything. [05:02]
And that law was called the Audio Home Recording Act of 1992. [05:07]
Audio:adj.声音的;录音的;
What the Audio Home Recording Act of 1992 said was, look, if people are taping stuff off the radio and then making mixtapes for their friends, that is not a crime. That's okay. [05:11]
stuff:n.东西:物品:基本特征:v.填满:装满:标本:
Taping and remixing and sharing with your friends is okay. [05:22]
remixing:v.再混合,重拌和;重新合成(remix的现在分词);
If you make lots and lots of high quality copies and you sell them, that's not okay. [05:27]
But this taping business, fine, let it go. [05:31]
And they thought that they clarified the issue , because they'd set out a clear distinction between legal and illegal copying. [05:35]
clarified:adj.提纯的,去除杂质的;v.阐明;澄清;净化;(clarify的过去分词和过去式) issue:n.重要议题;争论的问题;v.宣布;公布;发出;发行; distinction:n.区别;区分;差别;卓越;
But that wasn't what the media businesses wanted. [05:42]
They had wanted Congress to outlaw copying full-stop. [05:45]
outlaw:n.歹徒; vt.宣布…为不合法;
So when the Audio Home Recording Act of 1992 was passed, the media businesses gave up on the idea of legal versus illegal distinctions for copying because it was clear that if Congress was acting in their framework, [05:50]
versus:prep.对;与...相对;对抗; distinctions:区别;卓越;特质;荣誉;区分;
they might actually increase the rights of citizens to participate in our own media environment. [06:03]
participate:v.参加;参与;
So they went for plan B. [06:09]
It took them a while to formulate plan B. [06:11]
formulate:v.制订;规划;准备;确切表达;
Plan B appeared in its first full-blown form in 1998 -- something called the Digital Millennium Copyright Act. [06:13]
full-blown:adj.成熟的;(花)盛开的;(帆等)张满的; Millennium:n.千年期,千禧年;一千年,千年纪念;太平盛世,黄金时代;
It was a complicated piece of legislation, a lot of moving parts. [06:20]
complicated:adj.复杂的;难懂的;v.使复杂化;(complicate的过去分词和过去式)
But the main thrust of the DMCA was that it was legal to sell you uncopyable digital material -- except that there's no such things as uncopyable digital material. [06:22]
thrust:v.刺;塞;冲;挤;n.刺;插;重点;猛推;
It would be, as Ed Felton once famously said, "Like handing out water that wasn't wet." [06:32]
famously:adv.著名地;极好地;
Bits are copyable. That's what computers do. [06:38]
That is a side effect of their ordinary operation. [06:41]
side effect:n.副作用;附带后果;
So in order to fake the ability to sell uncopyable bits, the DMCA also made it legal to force you to use systems that broke the copying function of your devices . [06:44]
fake:n.假货;骗子;假动作;v.捏造;假装…的样子;adj.伪造的; devices:n.[机][计]设备;[机]装置;[电子]器件(device的复数);
Every DVD player and game player and television and computer you brought home -- no matter what you thought you were getting when you bought it -- could be broken by the content industries, if they wanted to set that as a condition of selling you the content. [06:56]
no matter what:不管什么…;
And to make sure you didn't realize, or didn't enact their capabilities as general purpose computing devices, they also made it illegal for you to try to reset the copyability of that content. [07:10]
enact:vt.颁布;制定法律;扮演;发生; computing:n.计算;计算机技术;信息处理技术;v.计算;求出;(compute的现在分词) reset:vi.重置;清零;重新组合;n.重新设定;重新组合;重排版;
The DMCA marks the moment when the media industries gave up on the legal system of distinguishing between legal and illegal copying and simply tried to prevent copying through technical means. [07:24]
distinguishing:v.区分;辨别;分清;看清;认出;听出;(distinguish的现在分词) technical:adj.工艺的,科技的;技术上的;专门的;
Now the DMCA had, and is continuing to have, a lot of complicated effects, but in this one domain, limiting sharing, it has mostly not worked. [07:38]
And the main reason it hasn't worked is the Internet has turned out to be far more popular and far more powerful than anyone imagined. [07:46]
The mixtape, the fanzine, that was nothing compared to what we're seeing now with the Internet. [07:54]
compared:adj.比较的,对照的; v.相比; (compare的过去式和过去分词)
We are in a world where most American citizens over the age of 12 share things with each other online. [08:00]
We share written things, we share images, we share audio, we share video. [08:08]
Some of the stuff we share is stuff we've made. [08:12]
Some of the stuff we share is stuff we've found. [08:14]
Some of the stuff we share is stuff we've made out of what we've found, and all of it horrifies those industries. [08:16]
horrifies:vt.使恐惧;惊骇;使极度厌恶;
So PIPA and SOPA are round two. [08:23]
But where the DMCA was surgical -- we want to go down into your computer, we want to go down into your television set, down into your game machine, and prevent it from doing what they said it would do at the store -- [08:27]
surgical:adj.外科的;外科手术的;
PIPA and SOPA are nuclear and they're saying, we want to go anywhere in the world and censor content. [08:39]
nuclear:adj.原子能的;[细胞]细胞核的;中心的;原子核的;
Now the mechanism , as I said , for doing this, is you need to take out anybody pointing to those IP addresses. [08:47]
mechanism:n.机制;原理,途径;进程;机械装置;技巧; as I said:正如我所说的
You need to take them out of search engines, you need to take them out of online directories , you need to take them out of user lists. [08:55]
directories:n.[计]目录,名录;指南;计算机文件或程序的目录(directory的复数);
And because the biggest producers of content on the Internet are not Google and Yahoo , they're us, we're the people getting policed. [09:02]
Yahoo:n.粗鲁的人;
Because in the end, the real threat to the enactment of PIPA and SOPA is our ability to share things with one another. [09:13]
enactment:n.制定,颁布;通过;法令;
So what PIPA and SOPA risk doing is taking a centuries-old legal concept, innocent until proven guilty , and reversing it -- guilty until proven innocent. [09:24]
centuries-old:adj.悠久的; innocent:adj.无辜的;无罪的;无知的;n.天真的人;笨蛋; guilty:adj.有罪的;内疚的; reversing:v.颠倒;彻底转变;使完全相反;(reverse的现在分词)
You can't share until you show us that you're not sharing something we don't like. [09:36]
Suddenly, the burden of proof for legal versus illegal falls affirmatively on us and on the services that might be offering us any new capabilities. [09:45]
burden of proof:n.举证责任; affirmatively:adv.肯定地;断然地;
And if it costs even a dime to police a user, that will crush a service with a hundred million users. [09:55]
dime:n.一角硬币; crush:v.压碎;弄皱,变形;使…挤入;n.粉碎;迷恋;压榨;拥挤的人群;
So this is the Internet they have in mind. [10:04]
Imagine this sign everywhere -- except imagine it doesn't say College Bakery, imagine it says YouTube and Facebook and Twitter. [10:06]
Imagine it says TED, because the comments can't be policed at any acceptable cost. [10:16]
acceptable:adj.认同的;可接受的;令人满意的;
The real effects of SOPA and PIPA are going to be different than the proposed effects. [10:24]
different than:不同于; proposed:adj.建议的;推荐的;v.提议;建议;计划;求婚;(propose的过去分词和过去式)
The threat, in fact, is this inversion of the burden of proof, where we suddenly are all treated like thieves at every moment we're given the freedom to create, to produce or to share. [10:30]
inversion:n.倒置;反向;倒转; treated:v.以…态度对待;把…看作;(treat的过去分词和过去式)
And the people who provide those capabilities to us -- the YouTubes, the Facebooks, the Twitters and TEDs -- are in the business of having to police us, or being on the hook for contributory infringement . [10:45]
Twitters:n.微博客,鸟叫声;vt.吱吱叫;嘁嘁喳喳地讲; hook:n.钩;挂钩;鱼钩;钓钩;v.挂住;箍住;钓(鱼);打曲线球; contributory:adj.捐助的;贡献的;有助于…的;n.捐助者;贡献人; infringement:n.侵犯;违反;
There's two things you can do to help stop this -- a simple thing and a complicated thing, an easy thing and a hard thing. [10:58]
The simple thing, the easy thing, is this: if you're an American citizen, call your representative , call your senator . [11:07]
representative:n.代表; adj.典型的; senator:n.参议员;
When you look at the people who co-signed on the SOPA bill, people who've co-signed on PIPA, what you see is that they have cumulatively received millions and millions of dollars from the traditional media industries. [11:14]
cumulatively:adv.累积地;渐增地; traditional:传统的,惯例的,
You don't have millions and millions of dollars, but you can call your representatives , and you can remind them that you vote, and you can ask not to be treated like a thief, and you can suggest that you would prefer that the Internet not be broken. [11:30]
representatives:n.代表;众议院(representative的复数形式); remind:v.提醒;使想起; prefer:v.更喜欢;宁愿;提出;提升;
And if you're not an American citizen, you can contact American citizens that you know and encourage them to do the same. [11:45]
contact:n.接触,联系;v.使接触,联系;
Because this seems like a national issue, but it is not. [11:51]
These industries will not be content with breaking our Internet. [11:55]
If they break it, they will break it for everybody. [11:59]
That's the easy thing. [12:02]
That's the simple thing. [12:04]
The hard thing is this: get ready, because more is coming. [12:06]
SOPA is simply a reversion of COICA, which was purposed last year, which did not pass. [12:11]
reversion:n.逆转;回复;归还;[遗]隔代遗传;[法]继承权;
And all of this goes back to the failure of the DMCA to disallow sharing as a technical means. [12:16]
disallow:vt.驳回,不接受;不准许;
And the DMCA goes back to the Audio Home Recording Act, which horrified those industries. [12:22]
horrified:adj.惊骇的;带有恐怖感的;v.惊骇(horrify的过去式和过去分词);使…战悚;
Because the whole business of actually suggesting that someone is breaking the law and then gathering evidence and proving that, that turns out to be really inconvenient . [12:27]
evidence:n.证据,证明;迹象;明显;v.证明; inconvenient:adj.不便的;打扰的;
'"We'd prefer not to do that," [12:37]
says the content industries. [12:39]
And what they want is not to have to do that. [12:41]
They don't want legal distinctions between legal and illegal sharing. [12:44]
They just want the sharing to go away. [12:48]
PIPA and SOPA are not oddities , they're not anomalies , they're not events. [12:50]
oddities:n.古怪反常的人(或事物);怪现象;古怪;反常;(oddity的复数) anomalies:n.异常现象,反常现象(anomaly复数形式);
They're the next turn of this particular screw , which has been going on 20 years now. [12:55]
screw:v.旋,拧;压榨;强迫;n.螺旋;螺丝钉;吝啬鬼;
And if we defeat these, as I hope we do, more is coming. [13:00]
Because until we convince Congress that the way to deal with copyright violation is the way copyright violation was dealt with with Napster, with YouTube, [13:04]
convince:v.使确信;使相信;说服,劝说;
which is to have a trial with all the presentation of evidence and the hashing out of facts and the assessment of remedies that goes on in democratic societies. [13:16]
presentation:n.展示;描述,陈述;介绍;赠送; hashing:v."hash"的现在分词; assessment:n.评定;估价; remedies:n.处理方法; v.改正; (remedy的第三人称单数和复数) democratic:adj.民主的;民主政治的;大众的;
That's the way to handle this. [13:24]
handle:n.[建]把手;柄;手感;口实;v.处理;操作;运用;买卖;触摸;
In the meantime , the hard thing to do is to be ready. [13:26]
In the meantime:在此期间;于此际;
Because that's the real message of PIPA and SOPA. [13:30]
Time Warner has called and they want us all back on the couch, just consuming -- not producing, not sharing -- and we should say, "No." [13:32]
Warner:n.警告者;报警器; consuming:adj.消费的;强烈的;v.消耗(consume的ing形式);
Thank you. [13:42]
(Applause) [13:44]