(Editor’s note: the following is an excerpt from Dan’s book, Boom and Bust in the Blogosphere)
One other thing you will learn on the internet is copyright, fair use,
and how you can use pictures, quote text, link to articles, use old
media as a source, and a ton of other things that can cause issues with
you and your blog. Two resources that can help you understand the
issues around copyright, linking, blogging, and staying safe in a
dangerous intellectual property environment are the EFF and the
Chilling Effects Clearing House.
The first resource is the EFF, the Electronic Frontier Foundation .
Their section on blogging rights, responsibilities will help you
understand the issues that bloggers face in the USA when dealing with
external parties. If you are writing a blog that covers anything on the
internet, at some point, you will get a takedown notice or a cease and
desist notice. This is an unpleasant fact of blogging or doing near
anything on the internet. The EFF viewpoint is more about knowing your
rights online and knowing your rights around free speech. For example,
when they describe section 230 of the DMCA, they point out that you are
responsible for what you write, but you are not responsible for how
people comment on your blog. Even so, you have the option of what you
want to do about those comments. If someone wants something removed
that is materially incorrect, that is one thing, but if the allegations
are true then you do not have to remove a comment that could be
potentially damaging to a person.
The EFF also has information about how the state or people can
unmask an anonymous blogger who is covering or writing about state
officials or companies involved in potentially illegal activities.
Companies, ISPs, and others all have rules they need to follow when
requesting the identity of a blogger or an internet user via the courts
. One very good example of this is the Consumerist, who published “22 Confessions of a Former Dell Sales Manager, ” which promptly got a
Cease and Desist take down notice from Dell.
Due to blogger outrage and the increasingly vocal calls on the
internet for Dell to stop, within days, Dell admitted they were wrong
and tried to let the matter drop. The Consumerist posted the Dell
response, “Dell Admits Error in Asking Consumerist to Remove Post ,”
and the matter went away. However, this was not done without damaging
Dell’s reputation , as they had to expend resources to help clean up
the issue and respond to everyone who commented about it on the
internet. Other big chain stores have tried to do the same thing, like
Wal-Mart , which won the legal issue with the Consumerist and the
material was removed .
The Chilling Effects Clearing House is another excellent source of
information about what you can do about a takedown. It gives you
samples of what a takedown looks like, what you can do, and how to
manage the entire takedown or cease and desist process that people will
send to you. One of the best examples about how this works is when
someone sends you something that falls under fair use. Fair use is a
loose and nebulous issue, and many people who post things for
educational purposes or for satire, parody, or to talk about a company
can at times conflict with what is happening. Understanding fair use
and how fair use works is an important part of understanding your
rights and obligations as a blogger.
One of the more interesting issues around fair use is the “Dancing
Baby Video.” A mom posted a video on YouTube of a baby-dancing while in
the background the “Let’s Go Crazy” song from Prince was playing . The
music company complained, and had it taken down from YouTube. The
mother sued stating that the video was “fair use, ” which the courts
agreed with. While most simply take down the file, video, or picture in
question, sometimes you can win a court case and seek damages for
material that falls under fair use. Even professional journalists as
bloggers can be involved in these kinds of issues, as one journalist
learned when he was ejected from a NCAA game for blogging live from the
game.
The biggest thing to remember about takedowns is that you do have
rights, and it is well worth your time to know what they are. You
should know about your rights and your responsibilities. If you are
ever in doubt, it is always wise to contact a lawyer and have them
advise you on the issue.
(Cross-posted @ IT Toolbox)
Free speech is an essential element of an unshackled and open community. Free speech might also be exploited for malicious internet defamation attacks. A blog that hurts someone who is untainted should on no account be tolerated, the cost is unreasonable.
And yet, there are many asocial deadbeats who manipulate this liberty with malicious intent. Oftentimes these anonymous bottom dwellers suffer from a form of antisocial personality disorder (called sociopaths in the old days) or another character disorder, & prompted solely through hate and revengeful, narcissistic instincts. Hurting or controlling others brings them strange satisfaction; they’re in fact driven by the anguish they cause; a tortured soul’s torment is what fuels them, the clinical term is “narcissistic supply”. Typical citizens such as 97% of those reading this column can’t begin to relate to what makes these individuals tick. I challenge you to stop for a moment, try to imagine having no conscience…. it is plainly impossible.
This vicious public predicament has exploded during the preceding decade in the form of anonymous internet defamation. There have been instances in which courts have issued orders directing that anonymous and nasty forum posters should be uncloaked in the full light of day, these orders are normally a cause of protests by a trivial but enthusiastic family of zealous proponents that consider that freedom of expression should be unconditional and that the utterer can not be held to account for their words, without regard to the truth or falsity of the assertions. I reckon that should these same protesting activists were to live through the paralyzing impact of a cyber bullying attack and the emotional, physical, vocational, & social health of themselves or their loved ones; they would not be as outspoken in their protests.
Consider a grazier who has had all of his stock destroyed and barns and pastures set ablaze by an enemy; the devastating effect on his source of revenue is all-inclusive. In comparison, a white-collar worker, fashion model, therapist, banker, or executive who depends on his or her character to locate new business, and for that matter keep current customers, might be as utterly broken as the farmer depicted above as a consequence of a compelling online vilification campaign. Except that the the public, law enforcement, the courts and jurors are able to sympathize with the significance of the farmer’s disaster.
An underlying aspect of anonymous cyber slander is that it is generally less credible when seriously considered by wise and objective people. Despite this fact, there is an interesting dynamic with the challenge of vicious & anonymous bloggers. While the allegations might lack credibility, when the victim is to be assessed for a job, consulting applications, Boy Scout leadership (or a prom partner), then the individual carrying out the background check will probably look at the potential PR hazards from associating with the victim. Although the prospective employer might see through the denunciation, the decision maker will probably reflect on what their customers and partners will believe if less clever & open-minded.