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We like to blog. We do not like to defame, reveal trade secrets or generally do things that get lawyers involved!

June 07, 2005
Tuesday
Blogging rulez
Adriana Cronin-Lukas • Blogs & Blogging • Company blogs • Bloglaw 
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CorporateBloggingBlog has an excellent summary and comparison of all publicly available blogging policies, IBM, Yahoo, Hill & Knowlton, Plaxo, Thomas Nelson, Feedster, Groove and Sun.

There is an analysis and bit of pattern-spotting among the rules:

The Core; all companies

  • You’re personally responsible
  • Abide by existing rules
  • Keep secrets
  • Be nice

The Common; approximately half of them

  • Add value
  • Respect copyright
  • Follow the law
  • Cite and link
  • Discuss with your manager

The Unusual; only one or two companies mention

  • You can write on company time
  • Our goal
  • You may disagree with the boss
  • Stop blogging if we say so
  • Contact PR

Each of group of rules is further analysed.. a must read.

May 24, 2005
Tuesday
Responsible Engagement in Innovation and Dialogue
Adriana Cronin-Lukas • Blogs & Blogging • Company blogs • Bloglaw 
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The following is the first section of IBM blogging policy and guidelines:

Whether or not an IBMer chooses to create or participate in a blog or a wiki or other form of online publishing or discussion is his or her own decision. However, it is very much in IBM’s interest—and, we believe, in each IBMer’s own—to be aware of this sphere of information, interaction and idea exchange:

To learn: As an innovation-based company, we believe in the importance of open exchange and learning—between IBM and its clients, and among the many constituents of our emerging business and societal ecosystem. The rapidly growing phenomenon of blogging and online dialogue are emerging important arenas for that kind of engagement and learning.

To contribute: IBM—as a business, as an innovator and as a corporate citizen—makes important contributions to the world, to the future of business and technology, and to public dialogue on a broad range of societal issues. As our business activities increasingly focus on the provision of transformational insight and high-value innovation—whether to business clients or those in the public, educational or health sectors—it becomes increasingly important for IBM and IBMers to share with the world the exciting things we’re doing learning and doing, and to learn from others.

In 1997, IBM recommended that its employees get out onto the Net—at a time when many companies were seeking to restrict their employees’ Internet access. We continue to advocate IBMers’ responsible involvement today in this new, rapidly growing space of relationship, learning and collaboration.

Amen to that. Openness does lead to innovation and if you take care to foresee the risk and minimise it, the reward is well worth it.

May 04, 2005
Wednesday
Blogging Wall Street
Perry de Havilland • Blogs & Blogging • Bloglaw 
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American Attorney Bill Singer has set up a blog called Broke and Broker on which he writes in very ebullient bloggish style about issues of self regulation of financial markets in the USA.  Mr. Singer’s get the tone just right and lays into people with what sure sounds like an ‘authentic voice’ to me… no mistaking this for part of some anodyne press release that has been carefully vetted to make it opinion-free:

Remember the old Westerns? The bad guys ride into town. Guns blazing. But the Sheriff doesn’t hear them and no one tells him. They blow up the bank’s vault. No one hears anything and the Sheriff doesn’t leave his office. They ride out of town with all the loot. About two years later, a few townsfolk mosey on down to the Sheriff’s office. They tell him about the robbery. The Sheriff quickly arms himself and puts together a posse. The posse goes to the saloon for several rounds of drink and a few cappuccinos (and some espressos --- a few folks order decaf)

Mr. Singer clearly needs no advice regarding his ‘blog voice’.  His blog design on the other hand needs not just a beauty makeover but some significant surgery.  That the articles are not easily permalink-able is a really major failing.  In order to get the link to the article containing the rather splendid passage I quoted, I had to go to the archive page of this young blog and get the link from there.  This is a mistake and if Bill Singer attracts the attention his interesting articles deserve, then it would be a great shame if his articles did not get linked to and thereby disseminated across the blogosphere as they deserve to be just because his blog’s design leaves much to be desired.

Often companies, institutions and would-be commentators approach setting up a blog as just an IT issue and once their splendidly designed blogs are created; they then haven’t a clue what to actually do with them.  However methinks Bill Singer knows exactly what he wants to do, but oh do I just wish he would redesign his blog a bit so that more people would actually get to read what he has to say.  There is a great deal more to engaging the blogosphere and the broader internet that putting out a press release on PRWeb.  We often write about what makes a blog a blog and why that matters.  The permalink lies at the very heart of what makes blogging so effective so please, make it easy to find!

March 10, 2005
Thursday
Blogging on the job
Adriana Cronin-Lukas • Blogs & Blogging • Blogs in the media • Bloglaw 
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CNET has done a good job thinking about various problems blogging can cause to those who do so ‘on the job’.

Many of those questions have been already dealt with by other articles and blogs but it is good to see CNET to note that not all is legal minefield:

Has blogging helped anyone land a job?
Yes. Robert Scoble said blogging helped him land a gig at Microsoft a couple of years ago. A Microsoft executive became a fan of Scoble’s tech-focused blog and eventually hired him from NEC. Scoble said the blog’s honest observations, including some criticisms of Microsoft, helped win over his future boss.

Are there some examples of high-profile workplace bloggers?
Yes, some companies have embraced blogs as a powerful communication tool, and some top executives now publish blogs. Examples include: Jonathan Schwartz, president of Sun Microsystems; Mark Cuban, Dallas Mavericks owner; Bob Lutz of General Motors; and Microsoft’s Scoble.

Indeed.

January 13, 2005
Thursday
Growing like a virus
David Carr • Blogs & Blogging • Blogs in the media • Bloglaw 
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I hate to say I-told-you-so* but, well....I told you so.

Sooner or later the kind of problems that some US bloggers have had with their employers would begin to bleed into Britain. And so they have. I am not entirely sure if this is the first case of someone being dismissed because of their blogging activities but it is the first case that I am aware of and it has hit the headlines in quite a big way:

A bookseller has become the first blogger in Britain to be sacked from his job because he kept an online diary in which he occasionally mentioned bad days at work and satirised his “sandal-wearing” boss.

Joe Gordon, 37, worked for Waterstone’s in Edinburgh for 11 years but says he was dismissed without warning for “gross misconduct” and “bringing the company into disrepute” through the comments he posted on his weblog.

Oh dear! Just how bad and disreputable were these comments? Well, according to Mr. Gordon:

“This was moaning about not getting your birthday off or not getting on with your boss. I wasn’t libelling anyone or giving away trade secrets.”

Mr. Gordon appears to be genuinely surprised by the fact that his (now former) employers took such offence because he was not trying to be offensive or even controversial. However, Messrs. Waterstone’s saw things quite differently.

This is the whole point. Mr. Gordon was not aware that he had crossed any sort of line because there was no line. I have no idea whether or not Waterstone’s were aware of Mr. Gordon’s blogging activities at all but, if they were, then there appears to have been attempts made at settling between the parties what matters could and could not be made thus public.  Now the unfortunate Mr. Gordon is standing out in the rain with his nose pressed against the glass window wondering what went wrong and how the hell he got there.

Blogging may not be as widespread in Britain as it is in the USA but, nonetheless, I confidently predict that we have not heard the last of this sort of thing. Whether you are an employer or an employee, I strongly recommend that you turn yours minds to discussing this issue in your workplace before disaster strikes and you all get famous for the wrong reasons.

* Actually, I told a lie. I love saying I-told-you-so.

October 28, 2004
Thursday
The sky is not the limit
David Carr • Blogs & Blogging • Blogs in the media • Bloglaw 
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This is, I believe, the first public domain glimpse of a growing problem to come.

Airline Stewardess, Ellen Simonetti, runs a blog called ’Queen of Sky‘ wherein she posts interesting bon mots about her life as jet-setting airline attendant.

All was seemingly going well, until Ms. Simonetti posted up a slightly frisky photograph of herself on her blog in her company uniform. Her employers were not amused:

Queen of the Sky, otherwise known as Ellen Simonetti, evolved into an anonymous semi-fictional account of life in the sky.

But after she posted pictures of herself in uniform, Delta Airlines suspended her indefinitely without pay.

Ms Simonetti was told her suspension was a result of “inappropriate” images. Delta Airlines declined to comment.

Oh dear. Says Ms. Simonetti:

“I never meant it as something to harm my company and don’t understand how they think it did harm them,”

It appears as if Ms Simonetti was entirely unaware that the company had any policy on these matters and, consequently, she posted her photograph in good faith. Borrowing from the movie “Cool Hand Luke”, what we have here is a ‘failure to communicate’.

Now Ms. Simonetti is an American and her employer is a US Company but if this incident were to occur in the UK then Ms. Simonetti might well have a decent claim for unfair dismissal on the basis that her employer did not take steps to advise clearly of the company policy on these matters.

It would probably be a fair bet that very few employers have any policy at all on employee bloggers because blogging itself has yet to the flood the plain of commercial consciousness. But that is all changing, and as much as I am loath to heap yet more responsibilities onto the shoulders of already overburdended employers, this is a problem that they are going to have to address and soon.

So if you are an employer, and you think your employees may be blogging (even in their own time) start devising a policy on what is and is not acceptable to publish and then make that policy clearly known to your employees. It may save a lot of tears and heartache (and legal fees) later.

October 09, 2004
Saturday
Reservoir Blogs
David Carr • Blogs & Blogging • Blogs in the media • Bloglaw 
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The phenomenon of ‘celebrity blogging’ appears to have experienced a big boost with the launch of Quentin Tarantino’s Blog.

Or has it? Judging from the e-mails sent to “Quentin”, the reader’s response has been heavily coloured by a fairly high degree of scepticism as to whether the blog in question is really the enterprise of the real Quentin Tarantino or whether it is the handiwork of an fan/prankster merely posing as cult movie director.

This is a sample of just such a e-mail response:

What does your e-mail address, Tarantinoed@yahoo.com, mean? I’d say your obviously a hoax because Tarantino aint gonna have a yahoo account and use tarantinoed as a word it sounds shitty.

To which the reply is:

I don’t have an official website, although that IS being worked on right now. I’ve got a webmaster interested already. Then I’d stop using the blog and use the official site to answer e-mails.

Earlier, “Quentin” says:

I’ve been out of town for a while so let’s get straight down to it.

Over the past week a lot of people have been releasing statements saying this blog is a fake, and I’ve been asked to make a public announcement saying the same thing.

Here’s something for all you people to chew on: You want to know why Miramax and I haven’t denied the blog?

Because it’s real.

So is it the blog of the real Quentin Tarantino or isn’t it?

September 24, 2004
Friday
Good decision
David Carr • Bloglaw 
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Sometimes, judges hand down good decisions. Only sometimes, mind.

One such good decision was handed down last month in a US Federal Appeals Court when it was ruled that file sharing software (or ‘P2P’ as it is more popularly known) is not illegal.

The charge against P2P, that it is used to swap illegally copied material, is not untrue but that is no justification for declaring the entire technology illegal. It is rather like abolishing cutting implements because they can be (and sometimes are) used to commit murder.

Unfortunately, the response of the Recording/Media industry has been to rush off to Washington in an attempt to overturn the decision by including provisions against the possession of P2P software in the new INDUCE Act..

In my view, this is a deeply misconceived strategy. Attempts to stamp out new technologies are both iniquitous and self-defeating. Who can possibly deny that the film industry has made a king’s ransom from VCRs despite that fact that they are frequently used to make illegal copies of TV broadcasts?

The recording and media industries would be far better advised to devote their considerable talents and energies to (a) making the principled case for IP rights and (b) developing new business models to profitably exploit the new technologies from which we all benefit.

This is a short article I have written for the Centre for the New Europe which I think is somewhat germane to the world of blogging..

September 23, 2004
Thursday
Blogs turn markets into conversation - ignore them at your peril
Adriana Cronin-Lukas • Blogs & Blogging • Bloglaw 
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A warning to advertisers and marketers was issued by Intelliseek CMO Pete Blackshaw who points out that marketers cannot afford to ignore weblogs that have become a powerful influence on the brands.If a marketer makes a claim, they had better well be able to back it up one hundred percent otherwise it will be shredded to pieces by “copy-cops at your doorstep”.

Can a wireless provider spending millions to tout customer service escape scrutiny when bloggers can readily provide links to thousands of disgruntled consumers providing evidence to the contrary? Can a pharma company afford to gloss over the fine print in advertisement when bloggers elect to super-size the untold message? Can an auto manufacturer pushing a “safety” message on TV risk having consumers type their brand into Google and have it punch back a loaded shelf space of contradictory messages by consumers?

Bloggers are now serving as fact-checking, credibility-screening, gap-filling counterweights to traditional media.

Well, yes, it’s fact-checking-your-ass time!

Hm, Mr Blackshaw, for a man who seems to get the power of the blogs, he sure uses some very out-dated terms, such as consumer.

Adrants concludes:

Marketing has forever become a conversation - a dialog between marketer and consumer. With weblogs, it’s been proven consumers are ready to have that dialog. It’s not so clear whether marketers are ready to join that conversation.

I don’t think so, but come on, prove me wrong…

September 20, 2004
Monday
Whose law is it anyway?
David Carr • Bloglaw 
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It is entirely consistent that the birth (and subsequent rapid growth) of the digital age should give rise to big, towering arguments about the law of Copyright and whether or not such a concept could, should or will survive this new technological frontier.

As a lawyer, I have been presented with many arguments against the entire concept of Copyright as a legal and enforceable principle. Some of these arguments have a sounder basis than others. But, of all the views I have encountered, few strike me as strange and ill-thought out as this one:

If I go up to Jack Valenti or Dan Glickman and ask them if I have the right to copy this DVD, they’ll say no. I can show them the receipt and they’ll still say no. If they really want to insist that I don’t have any right to make a copy, even after I explain the physics of the situation to them, then I really ought to ask them for my money back.

Now that I think about it, this could explain why I don’t have a DVD player at home and have never owned a single DVD. Ever. It could also be that I’m just cheap. But maybe, just maybe, it’s because my inner physicist is subconciously offended by any business model that is in conflict with the fundamental laws of the universe…

If the author’s “inner physicist” is offended by business models which run contrary to the laws of the universe then I suggest that his “inner physicist” needs to get out a bit more.

Business models (like the concept of Copyright itself) are an abstraction but there is nothing wrong with laws (or models) based on abstractions. Indeed, our entire tradition of law is based on expository abstraction. Corporations (or Companies in the UK) are merely notional and entirely artificial. You cannot touch them, feel them or sense them. Yet they have a legal personality that enables them to do business. Likewise the law of contract itself is an abstraction and entirely open to endless re-working and manipulation. Contractual obligations need only be certain and made in consideration of reciprocal obligations but I do not recall reading anything about the laws of the universe being involved.

We know that some animals devour their young. Presumably that is a law of the universe.

I do think that the recording industry, in particular, has responded to the digital age with a huge degree of ineptitude. I think (indeed, I expect) that they will have to radically re-define their business models in order to adapt and survive. But the laws of the universe have nothing to do with it. 

September 17, 2004
Friday
Yes, but what does it all mean exactly?
David Carr • Bloglaw 
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It seems that the term ‘Corporate Responsibility’ is not just a fashionable buzzword. Some people are taking it very seriously indeed:

With the issue of reputation becoming more of a fixture for corporate Australia, law firm Holding Redlich is Australia’s first to set up a corporate social responsibility (CSR) service.

The firm says the service will help companies adopt practices that meet the demands of regulators, industry bodies and stakeholders, and comply with the array of international principles around CSR.

These principles include the Universal Declaration of Human Rights, conventions and recommendations of the International Labor Organisation, the Stockholm and Rio Environment Declarations, the Kyoto Protocol and the International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights.

May I just say that I do not envy the task of the person or persons who have taken on the task of wading through that lot!

September 09, 2004
Thursday
Business is war (and war is business)
David Carr • Bloglaw 
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In past times of conflict, walls had ears. In modern conflicts, blogs have eyes:

But Spc. Buzzell’s writing aspirations may prove his undoing as a professional soldier. Recently, shortly after his commanders discovered My War on the Web, Spc. Buzzell found himself banned from patrols and confined to base. His commanders say Spc. Buzzell may have breached operational security with his writings.

A salutory reminder that your blog posts can be read by anyone, inculding the enemy.

The same lesson extends to company bloggers on civvie street. Many employment and service contracts contain a ‘confidentiality’ clause which prohibits the employee from divulging sensitive company information or trade secrets to anyone outside of that organisation. An employer is likely to take an exceedingly dim view of an employee who provides sensitive commercial information to a competitor who happended to stumble across said employee’s blog.

So before you unzip your trusty fingers and unleash then across your keyboard, you would be well advised to check with your company as to what information you may and may not blog about. Failure to do so may lead you to the doghouse (or glasshouse, for those in uniform).

September 03, 2004
Friday
Don’t try this at home
David Carr • Bloglaw 
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While roaming at large through the wild, borderless world of the internet, it is easy to forget that the real world we actually live in is anything but wild and borderless. Down here on the ground, jurisdiction matters.

Take, for example, Mr Alan Meckler who has been blogging away in the USA about the current litigation in which his company is engaged:

At a recent court hearing over the eMarketer case that I have referenced, I learned that the eMarketer folks have been using my blog entries in the court (See August 17, 2004). I can only presume that this action was taken to show that Jupitermedia means business when it comes to legal actions. I just re-read my recent entry “update” about the case and can find nothing alarming other than an objective report on where the case stands.

Mr. Meckler reminds us that the US judicial system is famously (or infamously, depending on one’s point of view) open on matters of publicity compared to its British counterpart.

Hence, UK bloggers should steer clear of following his example. Under UK law, reporting restrictions on court proceeds apply as a matter of course. Although the bar is set lower in civil proceedings than in criminal matters, once a case is underway the issue is sub judice and publishing details could land the blogger with a charge of Contempt of Court. In serious cases, this can lead to a custodial sentence.

The only safe way to publish details about court cases is to wait until after ‘disposal’ (i.e. the verdict).

And there is also a second important point to remember here, again as kindly illustrated by Mr. Meckler:

… I learned that the eMarketer folks have been using my blog entries in the court.

Remember that everything you blog can be taken down and used in evidence.

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