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Originally Posted by Caligari
I would like to clarify something.
If X contacts your host with a SOPA notice accusing you of harboring illegal content, the host has 5 days to contact you to tell you to remove the content, and even if you send PROOF to the host of your rights to have the content on your site, they will still shut you down?
Would not the host contact the accuser and say "the person has written proof he has the rights to display that content, here it is." and be done with it?
At this point the accuser can deny reality and sue the host, but where will that get them?
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The problem is that under SOPA, that host could indeed be sued. Under SOPA, that hosting company would be taking a serious risk if it kept that content online after the period of 5 days has passed. The automatic reaction for a lot of hosting companies, billers, registrars etc would be to automatically or in most cases cut off the customer as it would in most cases be the most cost effective / least risky thing to do.
Even if your host, biller, registrar,... doesn't cut you off, handling SOPA notices would create an extra cost that would undoubtedly be passed on to you, the customer.
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Furthermore, is there no penalty for issuing a FALSE accusation?
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Not directly under SOPA no, but the falsely accused could later always sue for damages. The problem here is that you can only do that when the harm has already been done.