JDC Commentary-Art of Writing: The First Amendment protects free speech...not careless Bloggers and message posters. -- Beware!
Lawsuits are growing with the times, especially for companies looking to shut down or seek out the competition or the careless... The law firm of Powell Goldstein LLP sued on behalf of itself against five unknown John Doe Bloggers in malicious communications against the firm.
"Larry Street, an Internet attorney with Morris, Manning and Martin LLP, said: 'cases increasingly are finding their way to judges, with the companies looking to force message board operators and others, to give up the identities of "incognito posters.'"
* It doesn't matter whether you're involved in a dedicated Web Site, a message posting, Web Log or something else. If it's in writing, one better go back to the rules of discriminatory writing and common sense. You can say anything you want even if you appear a fool...it is the manner in which you say it that can get you in trouble. There is always a professional way to critique a negative.
Lawsuits of this nature were unheard of five years ago. Attorney Larry Street concurs, that: "a very important part of free speech is the right to speak anonymously. But, at the same time, you have people out there hurting companies." ... It becomes thievery in the technical, product and business development, and the world of writing.
"Apple Computer sued 20 John Doe publishers of Mac Blogs for their posting on future products." -- Bloggers must understand, in their desire to scoop someone else, individuals and companies have the right to not have an enterprising blogger "reveal proprietary information and hence damage the bottom line."
It matters if your marketing crosses the line or the truth in an attempt to push the envelope against your competition, or if you're a company selling a product or an individual unloading frustration in some message board or directory group.
Those who choose to sit down at the computer and write, have a responsibility to know the rules of the game on copyright... Just because it is the Internet, one is not free to just say anything. -- The slander-mongers are growing with each day, and so are the attorney's taking them down and setting legal precedent in an Internet world everyone believed to be untouchable.
Make sure your sources are reliable, and that you legally "dot the i's and cross the t's" to keep you from a lawsuit of "false and malicious communications."
* Remember: others have the right to the protection by copyright law and in the protection of electronic rights. -- So if your desire is to blow off some steam or a case of written revenge ... when you write an article or enter a message board, make your point, but in a way that doesn't leave you legally liable personally or business-wise.
One of the best quick studies for any person dabbling in writing is "10 Big Myths About Copyright Explained, by Brad Templeton. You will get a liberal education to help you stay out of trouble. Permission rights are given so one can download a very interesting and necessary topic if you write. Visit: www.templetons.com/brad/copymyths.html
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About the Author: CeCe Day Hill has writing experience spanning 17 years, and is an entrepreneur. To review detailed Author profile - creative article writing - copywriting services visit: www.janedoechronicles.typepad.com
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CeCe Day Hill Copyright (c) 2005-2007
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- References:
- Rubner, Justine - Atlanta Business Chronicle, 15 July 2005 - Law firm targets bloggers with rare lawsuit
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