Aug 26
Some good news coming out of the UK today: in the wake of the UK riots, the government threatened to cut off social media if it felt the need to do so for safety reasons. It appears now they have backed off that threat (via Mashable).
Unfortunately, privacy issues remain as RIM (the maker of Blackberry) has agreed to provide information to the police in certain circumstances.
Aug 14
It should come as no surprise that Google+ has expanded at a rapid pace. Already, in just a few months, Google+ has expanded to 13 million users.
With any new social media service, like with present ones, problems are abound. First, how does the service prevent it (or at least discourage) from being a playground for predators and defamers? Google took one important step recently by announcing that Google+ will not allow the use of pseudonyms. This is an important first step. By not allowing pseudonyms, Google is peeling away one layer used by defamers and predators on the internet.
Not surprisingly, this development was not met with joy by celebrities, because many of them use pseudonyms instead of their real name. Also, many ordinary people had their accounts suspended who were not using pseudonyms at all. It is clear that the algorithm Google is using is not perfect and some people will unfairly be targeted. That pain, however, is a small price to pay.
Google+ is in its infancy. There will be missteps and issues and lawsuits. To keep your rights and responsibilities clear, I recommend reading Google+’s Privacy Policy and Content and Conduct Policy. They are both readable and short. One important thing of note in Google+’s Content and Conduct Policy is Google’s ban on impersonation. I have seen cases where a victim (whether it be a company or individual) is being impersonated by another, causing immeasurable harm. I just hope, Google will have an easy way to contact them if something like that occurs.
And of course, some things have yet to be answered:
Stay tuned.
Coming soon: my take on businesses lining up to be a part of Google+.
As the work week winds down, here are five interesting things. Some may expand to a longer blog posting this weekend or next week depending on requests.
First, as mentioned here yesterday, zediva.com announced it was closing its doors (or DVD players if you will) in response to a preliminary injunction issues by the United States District Court for the Central District of California. Having been through this procedural step a number of times, 9 times out of 10, a victory at the preliminary injunction stage leads to an overall victory in a case. In fact, I would not be surprised to see the Defendants eventually enter into a consent judgment if the Plaintiffs are willing to forgo disgorgement of ill-gotten gains.
The decision itself is well supported and draws on other well known cases in the field. While the defendants brought some novel arguments, they could not get around the fact that when purchasing media, you are generally really only purchasing a license to use that media in certain ways. In the end, the result, while unfortunate in the eyes of some (most of them having to find a new source of cheaper rentals), was inevitable.
Second, the riots in the UK seem to be shaking the very social foundations across the pond. It has even gotten to a point where the Prime Minister has considered pulling a move Iran would be proud of and approve: banning social media. This threat, at the very least, has gotten Facebook and RIM (of Blackberry fame) to the table to have a conversation with the British government. Twitter is listening from afar, refusing to join the talks. Stay tuned.
Third, Apple has found itself in the middle of some very expensive patent suits recently. Will that distract them from suing the journalist who purchased the lost iPhone 4 prototype? We’ll see. On a related note, Apple scored a major victory in its patent suit against Samsung a few days ago, winning an injunction preventing Samsung from selling its tablet in Europe. Not surprisingly, Samsung is appealing.
Four, do not follow this playbook.
Five, why are we seeing so many lawsuits involving social media (and lawyers ready, willing, and able to handle them)? Because more Americans are using social media. Many more.
Next week, look for a robust discussion on personal jurisdiction. For the non-lawyers in the room (first I say, you made a good decision), it may seem boring, but in the end, it is often the ballgame. If someone is infringing, can you sue them in your locale? That may mean everything to your lawsuit or whether you can make a threat of a lawsuit with some teeth.
There is a lot of good content out there, I will try and share as much as possible.
And finally, for the lawyers out there, Charlotte Allen has an interesting essay on a controversy ripping Widener’s law school apart at the seams.
Enjoy your weekend!
Aug 10
The New York Daily News had an interesting story today about a new NYPD unit devoted to following social media websites. As the Daily News reported, the new unit will “mine social media, looking for info about troublesome house parties, gang showdowns and other potential mayhem, sources said.”
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