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stories filed under: "twitter"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
courtroom, journalism, twitter



Judge Says No Twittering From The Courtroom

from the keep-it-quiet dept

There have been many debates over whether or not it's appropriate to blog or Twitter from the courtroom -- in fact, just last week I attended a short conference at the US courthouse in San Francisco about how the court system is dealing with such things. While you might understand why it's barred for jury members or participants in the trial to use such things, it does seem a bit excessive for a judge to bar reporters from Twittering as well, but that's exactly what's happened. The judge ruled that it was a form of a "broadcast," which is prohibited (why broadcasts are prohibited is a separate topic for a separate day, though it doesn't really make any sense).

19 Comments | Leave a Comment..

 
Overhype

Overhype

by Mike Masnick


Filed Under:
malware, twitter



It Doesn't Matter How Many Twitter URLs Are Malware... Only If People Are Clicking

from the misleading-with-stats dept

Security companies love using stats to make something appear to be a bigger problem than it really is. Take for example this claim that links to malware are "abundant" on Twitter. The problem is that this is totally meaningless. Because you only see the tweets of people you follow, if spammers are putting up malware links, it only matters if anyone's following them and then clicking on the links. The number of links that point to malware alone is meaningless, because one "spammer" could just post a ton of malware links, but that won't mean a thing if no one is following them. The real question should be how often are people getting malware because of clicks on Twitter. Unfortunately, that data isn't provided.

25 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
fake, satire, shashi tharoor, twitter

Companies:
twitter



Twitter Banning Satirical 'Fake' Versions Of Politicians?

from the that-would-be-unfortunate dept

It's certainly become popular on blogs and on Twitter to create "fake" satirical versions of various famous people. These are usually humorous (or they try to be) over-the-top representations of these celebrities. Usually, they are quite obvious, even to the point of saying that they are "the fake so-and-so" or clearly stating in the bio that this is fake. There should be no confusion around such things. However, a journalist in India who created a "fake" satirical Twitter profile for Indian politician Shashi Tharoor has found herself banned from Twitter without any explanation or chance to appeal. Now, obviously it is Twitter's right to decide whether or not to shut down certain accounts, but you would think with such an obviously fake profile that the company might be a bit more careful and, at the very least, communicate with the account holder about the issues with the account before just shutting it down.

28 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
chad ochocinco, football, news, reporting, twitter

Companies:
nfl, twitter



NFL Star Ochocinco Sets Up His Own Twitter-Based News Network

from the good-luck-NFL dept

Earlier this year, in talking about the changing nature of sports reporting, one of the things we mentioned was that you shouldn't count out players themselves as a part of that ecosystem, since they could now go direct to fans themselves, without having to talk through a reporter. Of course, sports leagues are scared to death of this concept, and we also noted that the NFL, among others, was seeking to limit how players were interacting with fans, with some teams even punishing players for being honest with fans.

However, with all those rules and guidelines, it seems the NFL didn't count on outspoken Bengals player Chad Ochocinco from taking things even further. Reader DEF was the first to alert us that Ochocinco has decided to set up his own Twitter-based reporting operation on goings on within the NFL, believing that via other players, he'll be able to get the real scoop and post the information faster and more accurately than any traditional "reporter." He says he's "knocking out the middleman."

And this is exactly the point we were making about how the media landscape is changing. People want relevant news and information in a format they find most useful. They don't care if it comes from a reporter, an athlete or the guy down the block. Yes, there are different levels of trust with who delivers the news, but reporters need to realize that they're not the only gatekeepers any more -- no matter how much they wish they were.

16 Comments | Leave a Comment..

 
Overhype

Overhype

by Mike Masnick


Filed Under:
productivity, social networking, twitter



No, Twitter Use Is Not Costing Companies Billions

from the stop.-now.-please. dept

Not this again. It happens with every new internet fad. Some company trying to sell something (filters, consulting, training, etc.) comes out with some study claiming that the new popular internet thingy is "costing x billions of dollars" because workers are using it for some amount of time per day. All of them work on the same basic principle. Figure out how much time people spend using the service, and multiply it by how much people make per hour, and then voila. Of course, this assumes (incorrectly) that every minute not working is "lost productivity." Of course, if that were true then coffee breaks, lunch breaks, sleep and many other things would also be "lost productivity." But, we all know that's ridiculous and that the truth is those things make people more productive by giving them a break here and there to recharge.

So, please, please, please don't believe the latest ridiculous study coming out of the UK claiming that Twittering employees are costing UK businesses £1.83 billion. It's the same ridiculousness, calculating that the average worker spends about 40 minutes on Twitter, but making no effort to figure out if that actually negatively impacts productivity -- just assuming that it means 40 minutes of "lost productivity." How many times do we need to repeat that time does not equal productivity before these companies stop coming out with such bogus studies?

33 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
connect with fans, contracts, cwf, hollywood, twitter



Hollywood Can't Handle Anyone Connecting With Fans... So It Contractually Tries To Stop Them

from the suicide-in-the-making dept

The whole "connect with fans" and give them a "reason to buy" mantra fits with pretty much any kind of content creation -- and absolutely works in the movie industry. We've talked, for example, about the amazing job that Clerks writer/director/filmmaker/actor/funny guy (he recently said he doesn't like being described as "just" a filmmaker) Kevin Smith does in connecting with fans and giving them a reason to buy. Lately, a lot of that has been happening via Twitter, which is great. Except in the minds of the Hollywood studios. Apparently, lots of new studio contracts are including anti-Twitter language, forbidding writers, actors and others from chatting too much about the movies they're working on. Some just talk about "confidentiality breaches" while others forbid saying anything disparaging.

This is the typical Hollywood "control everything" mindset, but totally goes against the way fans want to connect, these days, and will do a lot more to harm these movies than help. People want to follow their favorite actors/directors on the set and know what's going on. It helps get them more excited about the movies, well before they otherwise might have. Shutting them down, just because some studio execs, who have probably never used Twitter, are too paranoid to recognize it as a great promotional vehicle, seems backwards and shortsighted.

26 Comments | Leave a Comment..

 
Too Much Free Time

Too Much Free Time

by Dennis Yang


Filed Under:
contests, legalese, nhl, twitter



Really @NHL? Is It Necessary To Fill The Whole Background With Legalese?

from the read-the-fine-print dept

So, with the NHL season now under way this week, the NHL is running a twitter promotion where you have to guess the winner of each of the games this Saturday. Tweet the correct winners to @NHL and you could win yourself a trip for two to a regular season game of your choosing. The promotion is fine and all, but what I was surprised at was the ridiculous background image that is on the NHL twitter page: an image of the entire legal "Official Rules" in both English and French.

NHL Twitter Page

Seriously? Whose idea was it to fill the entire background with legalese? It is barely even legible. A simple link would have sufficed, but it almost seems like a childish response to a lawyer's request to put these rules up on their twitter page. Then again, in reading through the extensive rules, I was reminded of my favorite part of any sweepstakes in which Canadians take part, the math question.

22 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
football, social media, twitter

Companies:
nfl, ny jets



Social Media Allows For Honest Expression... Don't Stifle It

from the don't-tweet-that dept

There's saying that's been making the rounds lately, in talking about journalism, saying that "trust is the new objectivity." The idea is that if you're trustworthy, even if you have a bias, people are more interested in what you have to say. But, of course, that doesn't just apply to journalists. It pretty much applies to everyone, in any business. People are tired of fake connections. They want real connections. That's what connecting with fans is really all about. If you're honest and open, you build trust. And that trust is valuable. So it's difficult to understand why so many organizations work so hard to stifle that kind of openness. We saw it recently with the Washington Post's new social media guidelines, and we've seen it elsewhere as well, such as with sports teams.

For example, JJ sends in the news that the Jets benched a player for a Twitter message, despite the fact that the team is actually more open to having its players use social media to connect with fans. Hearing this, I figured it must be quite a Twitter message -- seeing as there was just a big controversy over a Redskins player who insulted fans via Twitter, calling them "dimwits" and saying they shouldn't give their opinion on the team since they work at McDonalds. But what did the Jets player say that was so troubling?

"1 play in the 1st Half, 4 plays in the 2nd half,.... A bit disappointed about my playing time but very happy and satisfied about the win."
I'm honestly having a hard time seeing how that's a benchable offense. He was entirely honest, and not accusatory. He was happy that the team won, but wished he could have been involved in more plays. He's a professional athlete, and such sentiments are pretty standard. It actually seems nice that he's sharing with fans in that way. He didn't seem to be complaining or disparaging the team or anyone. He just noted that personally he was "a bit disappointed" that he wasn't more involved.

The fact is, the internet lets people connect with others -- either one-to-one or one-to-many in much more direct and personal ways than ever before in the past. Yes, that has some risks and downsides, but on the whole, that openness and connection builds trust and a relationship, and that's important. It makes no sense to try to stifle such communications, whether its a journalist or a professional athlete.

9 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
connecting with fans, fans, kevin smith, movies, twitter



Kevin Smith: Connects Again, Says Pirates Lead To Converts

from the indeed dept

A few months back, I wrote about how director Kevin Smith (who's most well known for Clerks, but has done plenty of other stuff as well) is showing how the old CwF + RtB formula works in the movie business as well. Smith has gone above and beyond (and crazy far beyond that) in connecting with his fans in all sorts of ways. Beyond just making cool movies, he has a fun (mostly) weekly podcast, a blog (which he doesn't use as much any more), web forums and he regularly does Q&A sessions that are somewhat legendary and hilarious (check YouTube).

Recently, he jump onto the Twitter bandwagon and hasn't looked back (it explains why the blog has gone mostly silent), and he interacts with all sorts of fans that way. Last week, he announced that for Labor Day, he would do a 24-hour Twitter marathon, taking and answering questions from fans. It started up around 8am Monday morning, and was fun to follow along with (including some back and forth with Ben Stiller, who lives in Kevin's neighborhood, and has a house that Kevin wants...). Yet another example of connecting with fans -- though, every here and there he interspersed it with links to things to buy, such as a book made from some "best of" moments from the podcast, called Shootin' the Sh*t with Kevin Smith.

Smith seems to have the whole CwF+RtB thing down cold -- and has for many years. But, given all of that, I had no idea what his opinion was on the question of "piracy." While he notes, at one point, that Disney will own the rights to his movies forever, someone asks "How much money do you think your projects have lost to piracy?" to which Kevin responds:

See, I think "How many more converts did I get from piracy?"
Bingo. The smart creator these days looks to use "piracy" to his advantage. Smith has done that and more. Hell, we all wish that our favorite creators made plenty of money any time anyone viewed/heard/experienced their content -- but that's not the way the world works. So why not figure out ways to use what the world is doing to your advantage? Many have figured it out -- and yet the industry bigwigs and lawyers continue to insist it's impossible. Oh, and I'm looking forward to (finally) seeing Kevin Smith do a Q&A live later this year as part of his fall tour -- for which I was happy to give him money, once again, disproving Hollywood lawyers insistence that fans just want everything for free. Luckily, Smith doesn't appear to be listening to the lawyers in his neighborhood, and it seems like he's better off for it.

11 Comments | Leave a Comment..

 
Overhype

Overhype

by Mike Masnick


Filed Under:
conversations, pointless babble, twitter

Companies:
twitter



Pointless Babble Is In The Eye Of The Beholder

from the yer-doing-it-wrong dept

A bunch of folks have been submitting some silly study claiming that 40% of Twitter messages are "pointless babble," confirming the standard critique from non-Twitter users of the uselessness of Twitter as a whole. Of course, there are all sorts of problems with this that have been raised by a bunch of people, starting with the methodology, but a bigger point is that the only really "pointless babble" is in trying to determine how much of Twitter is pointless babble. That's because Twitter doesn't work as a broadcast mechanism, whereby you have to pay attention to all of it. It's based on who you follow. If there's too much "pointless babble," there's a simple solution: follow other people. As Sean Garrett sarcastically notes, "62% of all phone conversations deemed "useless babble" say researchers."

But the real issue is that "pointless babble" is very much in the eye of the beholder. What these researchers consider to be pointless babble (things like someone tweeting that they were going out to eat) can actually be quite useful and valuable. I still tell the story of how just such a "pointless babble" of a Tweet resulted in me getting a chance to meet someone I'd wanted to meet for a while, and I've had many other "pointless babble" tweets come in handy in doing business deals or meeting other people as well. What's "pointless babble" to some can be incredibly useful to others.

32 Comments | Leave a Comment..

 
Ramblings

Ramblings

by Mike Masnick


Filed Under:
beat reporters, fair use, journalism, pete abraham, reporting, sports reporting, twitter



Beat Reporting, Fair Use, Twitter And Free Expression: Mashing Up Some Thoughts

from the what's-happening-here dept

There are a few stories that have been getting some buzz this week for separate reasons, that when combined, paint an interesting picture of our current media landscape. The first was that some baseball reporters picked up on the current debate over fair use when it comes to reporting, aggregating and sharing the news. I think the focus on "fair use" in these stories is a bit misleading. Most people view web-based communications as a part of a conversation. And if you're talking about an interesting story you see, you don't tell that person I can only read you some of it because more would be illegal. You discuss what you think is relevant. That's just a part of the conversation. Holding back the natural flow of dialogue by way of copyright law seems like a clear limit on free expression and free speech.

One of my favorite beat writers, Pete Abraham for the Journal News, picked up on this story and encapsulated what I believe is the love-hate notion that many newspaper journalists have in these situations:

I'm usually flattered if some other blog links to my work. I figure anything that brings more readers here has to be good. But for every responsible blogger out there, there are other who cut and paste the work of others and either pass it off as their own or barely credit the author.

If you know the solution, contact the newspaper industry because you will be a well-paid consultant. The problem will soon be this: If newspapers decide they can't afford beat writers, where will that information come from? Somebody has to get on the plane, go to Toronto and ask the questions.
There are two separate issues Pete raises here, and I'd like to address both. The first is the question of "bad actors" in the space. These are the so-called "parasites" that the Marburgers discuss. The problem is that there's really no problem at all here. No one seems able to point out any such real "parasite" site that actually gets any significant traffic. Most readers who actually follow these issues figure out pretty quickly to go straight to the source itself. In fact, that's how I first discovered Pete's own blog many years ago. I saw him quoted in three separate places within a week, and thought "hmm, this is someone I need to follow." And even though I grew up in NY, I'd never even heard of The Journal News (apparently it publishes north of NY City in Westchester). But these days, I trust Pete's reporting over anyone else's and go to his site first for any news about the Yankees -- because he's built up that reputation, works hard to increase value and (most important of all) has done an amazing job cultivating community, mostly via his amazing blog.

This is a point that we've tried to bring up multiple times before. Many old schoolers view the newspaper business as being in the business of delivering content to the masses. But that's never actually been true. The newspaper business has always been in the community building business. It would bring together a community around local news and then sell their attention to advertisers. The problem today is that there are so many different places to get a community, that the newspapers have competition.

And, in NY, when it comes to the Yankees, there's a lot of competition. But by really building a community and cultivating it, Pete stands out above everyone else. The NY Times beat writer for the Yankees is a guy named Tyler Kepner. He's great as well, and you can get much of the same information that Pete posts on Kepner's blog (or Twitter feeds), but for some reason, Pete's blog feels more comfortable. The NY Times' blog feels... sterile. You can see it as you start to dig into the comments on both blogs. Sure, there are some crazy folks and some classic trolls (and, you know, Red Sox fans), but there's real community building going on in the comments on Pete's blog posts (and Pete participates at times as well). Plus, they've held real world get-togethers (such as at the Yankee's AAA minor league games).

And while I'm obviously not privy to the traffic numbers, I would guess that from the comments alone, it's pretty clear that Pete's Yankee blog for The Journal News of Westchester gets a lot more traffic than Kepner's Yankee blog for the gold standard NY Times. The content is often frighteningly similar, but the community makes a huge difference. Building up a community is a skill that journalists (and newspapers) need to learn. Whether on purpose or not, Pete's been quite good at it.

And, from that we get to Pete's second point: questioning how newspapers, such as his own, can continue paying for the expense of beat writers. Here there are a few different potential answers. Pete has attracted a large enough community, that if the Journal News hasn't figured out how to profit from him and the "expense" of having him on payroll as a beat writer, then they're doing something wrong. But even if a newspaper couldn't afford him, with the community that Pete has built up, if the Yankees would allow him to be an independent beat writer, I'd bet he could bring in a fair amount of money that way. Team Pete up with a business guy and a tech guy, and go to town. Everyone would benefit. The Yankees would get more awesome coverage and a huge community of vocal, loyal Yankee fans. Pete would still have a job. And us fans would still have a great place to gather virtually.

But there's a separate issue as well. I've already mentioned some of the overlap between Pete and Tyler. But those are only two of the beat writers. There are also Yankee beat writers from the NY Post, the NY Daily News, Newsday, the New Jersey Record, WFAN, MLB.com and perhaps some others as well. I follow a bunch of their blogs and Twitter accounts, and there's a tremendous amount of overlap. I am not saying to just dump them all and have a single beat writer. But at some point you do have to wonder about why it makes sense to have so many reporters effectively reporting the exact same thing.

Also, there are other models that are coming out for paying for reporters. Mark Cuban has talked about actually having the sports teams pay the newspaper for coverage -- which certainly horrifies some reporters, but is yet another potential model, since the teams themselves benefit from the coverage. On top of that, we're seeing nationally focused publications -- such as ESPN and Sports Illustrated -- snap up lots of top reporters. Hell, just this week Sports Illusrated hired away another favorite of mine, Joe Posnanski. And while they don't do so yet, you could see national media like that add beat reporters as well.

Of course, if they're going to do that, they shouldn't do silly things like tell their reporters they have to limit their Twitter usage, as ESPN recently did.

Then, you have the fact that there are many impressive fan-driven blogs adding to the ecosystem as well. I'm certainly not suggesting that the fan-driven blogs replace the beat reporters, but it is an addition that fills in a lot more information and insight. I get a ton of insightful analysis about the Yankees via River Avenue Blues, a blog run by three fans, who are knowledgeable, thoughtful and insightful when it comes to the state of the Yankees. And, sometimes they get or break news as well. While these fanblogs and the beat reporters mostly have a pretty good relationship, you'd think that those could be leveraged even more, to enable the creation of more great content that drives more community. Teams should allow more access to the top fan blogs, and the news publications should be teaming up with some of the best fanblogs as well to leverage their insight and traffic for their own business models.

And, finally, let's not forget the fact that the athletes themselves suddenly have the ability to go direct as well. While the NFL is trying to crack down on players using Twitter, the fact is players have more direct channels to reach fans and provide information as well. Again, this is not a replacement for beat reporters, but does add to the ecosystem as well. And, at times, those players are breaking news themselves.

So you have a situation where there is more information than ever before out there about sports teams. There are more ways for fans to convene and converse with each other, with professional reporters and with the athletes themselves. Technology has made it cheaper and easier to do all of this -- and the ability to bring together a community of folks has not diminished even slightly. If you can't make money with all of that, then you've got bigger problems.

However, since Pete insists that anyone who has an answer to how to keep funding beat reporters employed can make a living as a well-paid consultant, he should tell his bosses at Gannett to contact us. We're more than happy to help put together a strategic plan for how to keep Pete and others gainfully employed.

64 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
alerts, notification, patents, texas, twitter

Companies:
techradium, twitter



And Of Course: Twitter Sued For Patent Infringement In Texas

from the where-else? dept

This should hardly be a surprise, but with Twitter being so popular lately, it was only a matter of time until it was targeted in patent infringement lawsuits. At the very least, the company suing them appears to (a) actually be based in Texas and (b) have a product on the market. But... that doesn't make TechRadium's lawsuit against Twitter any more reasonable or sensible. Take a look at the patents in question:

  • 7,130,389: Digital notification and response system
  • 7,496,183: Method for providing digital notification
  • 7,519,165: Method for providing digital notification and receiving responses
Read through the claims on each of these patents and try not to gag on the obviousness of all three. If you picked any competent programmer (or, should we say, one who is "skilled in the art") and discussed messaging systems, this is pretty much what any of them would develop. There's nothing particularly unique or special in what's described in these patents. And, now, unfortunately, Twitter needs to waste time and money defending itself for doing something (ahem) obvious.

33 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
apartment, defamation, lawsuits, twitter

Companies:
horizon group management, twitter



Sued Over Twitter Message? Can You Defame Someone In 140 Characters Or Less?

from the sue-first,-ask-questions-later dept

Tom writes in to alert us that a woman in Chicago has been sued for defamation by the company that manages her apartment over a Twitter message. The message she put on Twitter read:

"Who said sleeping in a moldy apartment was bad for you? Horizon realty thinks it's okay."
And, rather than address a concern of one of their residents, the company brought out the lawyers, and sued for over $50,000. A little investigation reveals that the woman had all of 20 followers, which makes you question just how much actual damage was done by this message.

Still, for my money, the best single paragraph/statement about Horizon Group Management has to be the following one, in the Chicago Sun-Times, quoting Jeffrey Michael, speaking for Horizon Group (and a member of the family that runs it):
"We're a sue first, ask questions later kind of an organization," he said, noting that the company manages 1,500 apartments in Chicago and has a good reputation it wants to preserve.
I'm curious as to how being a "sue first, ask questions later kind of organization" meshes with having "a good reputation it wants to preserve." I'd argue that (1) suing a tenant of a meaningless tweet (and drawing much more attention to the complaint) and (2) claiming that you're a "sue first, ask questions later kind of organization" in the national media are going to do a hell of a lot more damage to any "good reputation" (if it existed in the first place) than some random woman with 20 followers bitching about mold in her apartment.

59 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
communications, robert gibbs, twitter, white house



White House Bans Twitter?

from the communication? dept

Well this is odd. Twitter was one of the many tools that President Obama used to help build up a strong base of supporters, and the White House has its own Twitter feed that is quite popular. Yet, reader Ben points out that White House spokesman Robert Gibbs has now admitted that Twitter is blocked from White House computers. Wonder who's updating the official feed, then... Apparently this isn't actually a new thing. A couple months ago, it came up in another press conference, and it came out that only a small number of "new media" folks are allowed to have access to Twitter from the White House. Someone ought to let the White House IT staff know that it's easy to update Twitter via SMS from your phone... Either way, makes you wonder if only the media communications people in the White House are allowed to use telephones, too.

37 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
juries, michigan, twitter

Companies:
twitter



Michigan Supreme Court Issues New Stop Twittering Rule For Juries

from the stop-that-twittering dept

There have been a few recent stories about jury members using Twitter, and courts have been trying to figure out how to deal with it. Well, over in Michigan, the Supreme Court has issued new rules for judges to tell jurors concerning their use of text messaging and other communication services. While it doesn't name Twitter specifically, it seems like the new rules are pretty clearly directed at jurors who might Twitter or use some other similar communication tool to explain what's happening in the case.

8 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
brandjacking, fraud, impersonator, pr firm, trademark, twitter

Companies:
twitter



PR Firm Accused Of Setting Up Fake Twitter Account Of Competing Firm

from the really? dept

We've all heard about the various fake accounts on Twitter, and even Tony La Russa's misguided lawsuit over a user who put up a fake profile. However, in what appears to be a slightly more serious case of "brandjacking" on Twitter, the Citizen Media Law Project alerts us to a lawsuit involving two PR firms, with one accused of hijacking the identity of the other on Twitter. While it's a bit amusing that the PR firm who was hijacked claims its expertise is in brand management and yet didn't notice that someone else was using its brand on Twitter for two months, the fact that the IP address of whoever signed up for the account came from a competing PR firm suggests questionable intent, and certainly has the potential to be a real trademark issue.

11 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
cease and desist, newt gingrich, safe harbors, twitter



Newt Gingrich's Lawyer Displays Ignorance Of Both Twitter And The Law In Sending C&D

from the wow dept

It really was just a few weeks ago that we were told that lawyers knew better than to send a clueless cease-and-desist letter... and then we get this story. Apparently a group that is in favor of a certain law that Newt Gingrich opposes sent out a Twitter message that included the @newtgingrich username to stir up some interest in a petition they were working on. This is part of how you use Twitter to communicate with others and get attention from certain people. But apparently Gingrich's lawyer was upset that Gingrich's name was being "used" in a message in favor of a law Gingrich opposes, and sent a ridiculously bad cease-and-desist letter that the folks at the Citizen Media Law Project dubbed: "How to Make Your Client Look Bad, in Three Easy Steps."

First, the lawyer clearly didn't understand Twitter and how it works since using @newtgingrich is the equivalent of sending a public letter "Dear Newt Gingrich" -- which certainly wouldn't be an abuse of his name. Second, the lawyer not only didn't understand Section 230, but insisted that Tucows, the registrar behind the site that hosted the petition (and also republished the tweet) was somehow responsible for the content of the Twitter message: "continued display of the offending tweet 'can expose any and all involved parties (including Twitter, ContactPrivacy.com and/or TuCows) to substantial ongoing, and even personal liability.'" Of course, that's not even close to true. Then, on top of that, the lawyer basically tried to throw in claims on every law he could think up:

trademark infringement, violation of Gingrich's and Anuzis' publicity rights, false advertising, false designation of origin, tortious interference with prospective economic advantage and contractual relations, common law and computer trespass (could Twitter trespass upon its own computer?), conversion, traditional fraud and wire fraud, breach of contract (i.e., Twitter's terms of service), violation of the Computer Fraud and Abuse Act, and even RICO violations.
All for a Twitter message. Seriously. So, what was that about lawyers knowing better than to send bogus cease-and-desist letters?

53 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
cameras, canada, courtroom, twitter

Companies:
twitter



Canadian Judge Says No To Cameras In The Courtroom... But Okays Twitter

from the connecting-to-the-outside-world dept

It seems like a popular topic in 2009 is how modern technology is opening up public access to courtrooms... if only judges would allow it. We've had numerous stories about things like Twitter and webcasting from a courtroom. To date, most stories are about judges banning as much as possible, but Michael Geist points out that in a case up in Canada a judge has barred television cameras, but allowed Twitter. Of course, since the specifics of the ruling do allow mobile devices to gather and disseminate news... what about someone using the camera on their mobile phone to stream the proceedings? That's not the same as a full sized TV camera that the judge rejected...

13 Comments | Leave a Comment..

 
Overhype

Overhype

by Mike Masnick


Filed Under:
communication, misinformation, overreaction, swine flu, twitter

Companies:
twitter



It's Not Twitter's Power To Misinform That We Should Be Worried About...

from the oh-come-on... dept

A few folks have sent in this essay by Evgeny Morozov at ForeignPolicy.com complaining about "Twitter's power to misinform" concerning swine flu. It sure sounds good as a thesis, but it makes little sense. Twitter's power to misinform is no different than any method of communication. The issue of swine flu is hardly limited to Twitter. It looks like it was all over the cable news channels, newspapers and news websites over the weekend. The fact that Morozov finds a few people were clueless on Twitter means nothing. Your next door neighbor could be clueless, and if he shouted over the backfence to Morozov something wrong about swine flu, would Morozov write an article about how picket fences have a power to misinform?

Part of the problem seems to be that Morozov (and many Twitter critics) seem to want to assign to it a purpose that it does not have and no one uses it for. If people are misinforming others via Twitter, that's an issue about who you follow, not about Twitter as a whole. I'll admit that I saw multiple mentions of swine flu over the weekend among the folks I follow on Twitter -- but I believe every single one of them was making a joke of some sort. Should I then write an essay about "Twitter's power to create laughter out of a serious situation"?

There are some clueless people out there -- no doubt. And I'm sure those clueless people may know other clueless people, but there's no indication that a sudden influx of dumb Twitter statements from clueless people resulted in further cluelessness. At no point does Morozov bother to see if any one of the Twitter users he mentioned have a significant number of followers, or if any of those followers actually believed/responded to the clueless statements. Nor does he investigate if (perhaps) some of the more knowledgeable followers of those users actually corrected the clueless. That's because, just as a clueless person may repeat bad information, others can use Twitter to properly educate. Twitter, itself, is just a tool. Just like a website like ForeignPolicy.com. And it's just as easy for someone like Morozov to misinform -- such as by claiming Twitter misinforms -- via ForeignPolicy.com than it is for individuals on Twitter to misinform. In the case of Morozov and ForeignPolicy.com, however, I'd argue the situation is worse, since there are probably a lot more readers, and they might actually believe that someone writing for a site like ForeignPolicy.com knows what they're talking about.

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Culture

Culture

by Mike Masnick


Filed Under:
police, twitter

Companies:
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Police Learning To Make Good Use Of Twitter

from the good-for-them dept

With all the stories of police getting worried about new technologies, it's always good to see cases where they seem to be using them appropriately. Rick recently wrote in to point out a story where police in Maine used Craigslist to track down a prostitution ring. Compare that to others who have been blaming Craigslist for prostitution. And, now we're seeing stories about some police departments that are actively using Twitter either to send out emergency alerts to people, or to better connect with the community they're supposed to be protecting. Of course, that story worries about "impostors," but there are ways to deal with that issue. For police looking to make use of the technology, it can be quite useful, and it's great to see some actually realizing that and embracing the technology.

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