[Evil Tim]

PROTECT IP is about what it calls an "ISDIA" ("Internet Site Dedicated to Infringing Activities") which it defines as a site which "has no significant use other than engaging in or facilitating copyright infringement, circumventing technology controlling access to copyrighted works, or selling or promoting counterfeit goods or services." SOPA only applies to things which are already recognised offences under the Federal Criminal Code.

IMFDB would be exempt on the basis that we are a site providing information and commentary, not just providing copyrighted material. In addition we have a two-point Fair Use argument; our images do not constitute the "heart" of the copyrighted works and therefore do not harm the copyright holder's ability to make money from them, and our images are provided for purposes of education, analysis and / or commentary.

It doesn't bypass Fair Use. It can't bypass Fair Use, since that law determines how the First Amendment interacts with copyright laws and voiding it would probably be unconstitutional. The two bills establish a framework for taking down sites which the Justice Deparment determines exist for the sole purpose of infringing copyright (ie warez / torrents / etc).