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Legal Drama
Criminal Cases Push Newspapers to Identify Anonymous Commenters
Anonymous comments on newspapers blogs are drawing attention from prosecutors seeking information about criminal matters, once again raising the issue of whether newspaper blog comments are protected under state press shield laws. Last fall, I wrote about two civil cases involving claims of defamation, where two separate courts refused to order newspapers to disclose information that would lead to the...
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Legal Drama
A Brief History of AP's Battles with News Aggregators
The news is information, and information wants to be free, as the saying goes. But for news organizations, the news is a product that is collected, recorded and sold for profit. And those profits are now under extreme economic pressure, threatening some news organizations with extinction. Both online and traditional news outlets are regrouping, retrenching and reconsidering their business models...
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Wikis
Wikipedia Art: Vandalism or Performance Art?
Artists Scott Kildall and Nathaniel Stern developed the idea to create a self-referencing Wikipedia article late last year. The plan was to write a new article, titled Wikipedia Art that was wholly devoted to the fact that the page had been created -- an article that was completely meta and self-referential. The axiom that all press is good press is...
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4MR
4 Minute Roundup: Kindle DX; Google vs. Newspapers
Here's the latest 4MR audio report from MediaShift. This week I look at the unveiling of the new wide-screen Kindle DX aimed at newspaper, magazine and college textbook readers. Will people pay $489 for it? Plus, I look at the AP and News Corp.'s moves against Google, with the AP playing hardball for running content in Google News. Meanwhile, Google...
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4MR
4 Minute Roundup: Pirate Bay Case; Oprah-geddon on Twitter
Here's the latest 4MR audio report from MediaShift. This week I look at the recent ruling in the Pirate Bay case, where four men at the file-sharing site were found guilty and sentenced to a year in prison -- but are asking for a retrial due to a conflict of interest by the judge. I also mention @Oprah's entry to...
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Legal Drama
Coalinga Newspaper Not Liable for Running MySpace Rant
A post on a social networking site like MySpace could end up anywhere, and depending upon where it ends up, the result could be catastrophic. We've covered that territory before on MediaShift, discussing a case involving discipline of a teacher for conduct shown on a MySpace page. In Moreno v. Hanford Sentinel, a California appeals court considered a case...
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Legal Drama
'Fox & Friends' Hosts Not Liable for Repeating Associated Content Parody
As newspapers are closing or abandoning their print editions, online news sources are growing in importance -- as are sites that rely on user-submitted news stories. But with so much unfiltered news content available online, how do you separate the accurate from the inaccurate and truth from parody? You might think that traditional news sources would be better able...
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4MR
4-Minute Roundup: State of the Media; Jurors' Itchy Twitter Finger
Here's the latest 4MR audio report from MediaShift. In this week's edition, I talk about the new gloomy State of the Media report from the Project for Excellence in Journalism (PEJ), and the positive side for online media. I ask "Just One Question" to PEJ director Tom Rosensteil, and cover the latest news about jurors going online, Twittering and Facebooking...
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Legal Drama
How Crowdsourcing Could Revolutionize Patent-Busting
Ricky James Robertson knew very little about touch-screen personal navigation devices when he first began reviewing patents on them back in November of last year. He was surfing Slashdot when he came across a launch announcement for a company called Article One Partners; the group offered awards for as much as $50,000 to individuals who could invalidate specific patents...
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Legal Drama
How Animal Rights Activists Beat the Rodeos in Videotaping Events
As cell phone cameras and palm-sized videocams have become cheap and ubiquitous, there is little if anything that is immune from being documented and displayed on the web, as numerous celebrities and sports stars have learned to their regret. In the realm of hard news, the result is that citizen journalists are able to bypass big media news organizations and...
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World View
Monarchs Use 'Lese Majeste' Laws to Silence Online Critics
"When it comes to a monarchy, all reason goes away," according to a Thai reporter quoted in a Reporters Without Borders report on free expression in Thailand published this week. He was commenting on the multiple charges of lese majeste -- injury or insult to the king -- brought against journalists and writers in his country, where speaking negatively about...
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Legal Drama
U.S. Supreme Court (Finally) Kills Online Age Verification Law
In 1998, the U.S. Congress enacted the Child Online Protection Act (COPA), a law intended to control child access to sexually explicit material on the Internet. The law was immediately challenged on free speech and other grounds and its enforcement was delayed. After ten years of litigation, on January 22 the U.S. Supreme Court dealt the final blow to...
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Legal Drama
Can U.S. Laws Protect Online Speech from Foreign Libel Suits?
"...in cyberspace, the First Amendment is a local ordinance." That's a remark famously made in 1997 by John Perry Barlow, one of the co-founders of the Electronic Frontier Foundation. Barlow's complete statement is well worth re-reading but one implication of this particular remark is that the reach of American constitutional values may be limited by our country's physical borders. When...
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Legal Drama
Canadian Court Rules Linking to Libel Isn't (Necessarily) Libel
Linking to content is the essence of the online experience -- it's the "Web" in the World Wide Web. But there's a lot of legal gray area around linking, and surprisingly few court rulings providing guidance as to the circumstances when linking could result in liability. A court in Canada has now weighed in on the question of liability under...
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Legal Drama
Judges Rule Anonymous Commenters Protected by State Shield Laws
Political campaigns often produce a blizzard of ancillary election-related litigation -- for an example, just look to the 2000 presidential campaign. When the press reports anonymous accusations during an election campaign, sometimes that litigation involves lawsuits by candidates or public officials seeking to learn the identity of those anonymous sources. In many states, newspapers and other media can protect such...
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World View
China Blocks Blogs, Search Results on Tainted Milk Scandal
The evidence is accumulating. The censorship imposed on the Chinese media about the contaminated milk scandal has had disastrous consequences according to Reporters Without Borders. Last July, a journalist working for the investigative weekly Nanfang Zhoumo (Southern Weekend) gathered reliable information regarding a wave of hospitalizations of new-born babies, with four killed and 53,000 sickened. These illnesses were linked to...
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Legal Drama
Teacher Fired for Inappropriate Behavior on MySpace Page
It's not just students who can get into difficulty for school-related blogging. In a recent case, a federal court rejected a challenge brought by a non-tenured teacher when the public school at which he taught decided not to renew his contract. The school had accused the teacher of overly familiar contacts with students via his MySpace page that were deemed...
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Legal Drama
Court Rules Print-on-Demand Service Not Liable for Defamation
Book publishers can be sued if they publish a book full of libelous statements because, the reasoning goes, a publisher should know what it prints. The publisher reviews the manuscript, edits and proofreads it, and distributes the finished book to retailers. It is involved in every part of the process. But the Internet has given rise to a new...
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World View
How a Protester Pulled Off the Clandestine Radio Broadcast in Beijing
The voices of Chinese human rights activists can be heard on the radio. A former journalist describes the censorship she experienced, and a human rights activist explains the increasing crackdown on Chinese dissidents that has occurred these past few months. A former political prisoner complains about the appalling conditions in which he was held. Have the Chinese authorities gone wild and suddenly opened the airwaves?
more »Legal Drama
Should Copyright Law Change in the Digital Age?
This is the final part of my three-part email roundtable discussion looking at the new Code of Best Practices in Fair Use of Online Video created at the behest of the Center for Social Media at American University. In the first part, the respondents in this email roundtable talked about what the Code means, how they might put it...
more »World View
China Partially Lifts Great Firewall for Media, but Access Remains Pricey
BEIJING -- Journalists scrambling to make Games-time deadlines might not make it to Badaling or Juyongguan during their trip overseas, but they're sure to become familiar with China's other Great Wall: the Great Firewall, that is. On July 31, Olympic officials admitted the International Olympic Committee had not yet secured unfettered Internet access to foreign journalists, leaving everyone to...
more »Online Video
Creating a Video to Help Educate People on Fair Use
Last week, I ran the first part of a special three-part series on fair use in online video. With the release of the new Code of Best Practices in Fair Use of Online Video, the question was how this Code might help video producers, remixers and mash-up artists use copyrighted works legally under "fair use" rules. In the first...
more »Digging Deeper
Will Code of Best Practices Help Video Mash-Up Artists Stay Legal?
You just created the best video mash-up ever, taking a speech given by John McCain broadcast on Fox News, remixing it with the song "Ol' Man River," and quick-cutting in clips from gangsta rappers. You upload it to YouTube and other video-sharing sites, and watch the views pile up. But have you run afoul of copyright law? Do you...
more »Legal Drama
AP Badly Mistaken on Drudge Retort
Last week, the Associated Press decided that the Drudge Retort was in violation of copyright laws because it excerpted parts of AP stories and linked to them. The AP legal team sent a cease-and-desist letter to Drudge Retort's owner, the technology book author Rogers Cadenhead.
more »Digging Deeper
Net neutrality or network neutrality means that Internet service providers (ISPs) such as cable and telephone companies must treat all traffic equally that travels across their networks. That means that your broadband service provider couldn't block you from seeing a particular site or using a high-bandwidth service arbitrarily.
more »Digging Deeper
With the advent of the Internet and a growing number of security breaches, people worry that their personal information can be seen and exploited around the world in an instant. If you have incriminating photos online, a potential employer or love interest might find them and make snap judgments. If you shop online with a credit card, a merchant might steal your information and run up charges on your card. If you surf online around major media sites, publishers might use your "data trail" to target advertising to you.
more »Digging Deeper
Anti-Piracy Dragnet Could Hurt 'Fair Use' of Copyrighted Video
All the lawsuits and rhetoric around people uploading copyrighted material on video-sharing sites such as YouTube make it seem like a black-and-white situation: either you're shooting your own original video or stealing it from someone else. But what's lost in that simple either-or interpretation is the more gray area in copyright law known as fair use, which protects people...
more »MediaShift
10 MediaShifting Moments of 2007
As the year 2007 sets in the distance, we can take some time to consider the year that was. I'm not a huge fan of year-end lists, but sometimes they help us get a grip on what transpired -- and ponder what's to come. What's perhaps most amazing about 2007 is that two distinct phenomena -- the iPhone and...
more »AdvertisingShift
How much do online marketers and websites know about us? Do they save records on what we've bought, sites we've visited, people we've contacted? It's a subject that few of us bother with until we find out our private information has been stolen or inadvertently been made public. And privacy concerns have been front and center lately as MySpace...
more »Jennifer Woodard Maderazo
Even in U.S., Bloggers Get Little Protection
Earlier this year, there was a debate in journalism circles and in the general public about who could be considered a journalist, as San Francisco videoblogger and media maker Josh Wolf was jailed after refusing to turn over video footage to federal authorities. After spending 226 days in jail, Wolf was dubbed the "longest-jailed journalist in American history." But...
more »Jennifer Woodard Maderazo
Is the Future of Television Online? Not Yet
Late last month the BBC announced that it would be offering up a large part of its television content free of charge on its website. And back in May, ABC announced it would stream some of its primetime shows in HD online for free. As networks begin to put more of their content online -- either on their websites...
more »Your Take
Should online video of presidential debates be free for public use and remix?
Just who owns the video of presidential debates? Up until this point, the TV networks that broadcast the events held the copyright to that footage and could post it online, monetize it in whatever way they wanted, and restrict usage by other folks. But Stanford law professor Lawrence Lessig, a proponent of Creative Commons "copyleft" systems, started an online petition...
more »Legal Drama
Digg Users Show Strength in Numbers in DVD Dust-Up
The community-generated news site, Digg, has been an experimental hothouse for online communities. Last summer, there was the move by Netscape to offer to pay top Diggers to do their news-article bookmarking at Netscape, with Digg CEO Jay Adelson saying he'd never pay Digg community members. Now comes the user revolt after Digg decided to remove posts that mentioned...
more »Your Take Roundup
Loosen Copyright Restrictions for the Internet Age
Slowly but surely, the entertainment industry is realizing that it can't use copyright law as a blunt force in the digital age. Take the case of music giant EMI. Not long ago, EMI was fighting music-sharing service Napster and threatening DJ Danger Mouse over the mash-up, The Grey Album. But today the music company announced a plan with Apple...
more »Your Take
How would you rewrite copyright law for the digital age?
The music industry is still suing college students over file-sharing. Viacom is suing Google and YouTube for $1 billion for copyright violations. NBC and News Corp. are teaming up with their own video-sharing concept, dubbed NewCo (or "ClownCo" by Google), to help protect their copyrighted material. The increasing length of copyrights in the U.S., and the quick obsolescence of the...
more »Legal Drama
Viacom, YouTube Legal Tiff Irrelevant in End
Judging by the sturm und drang roiling the blogosphere and media circles, you'd think that Viacom's $1 billion lawsuit against Google's YouTube is the epic confrontation of old media vs. new, of suits vs. hipsters, of DRM vs. free love, of greed vs. good. It may well be all those things, but it will not change the basic fact...
more »TVShift
The heavyweights of the media world are lining up in opposition to YouTube, and supporting Viacom's recent removal of all its clips from the video-sharing service. That removal followed a back-and-forth last fall when Viacom initially asked for clips to be removed, and then went into negotiations with YouTube. Those negotiations turned chilly, and now comes the freeze-out for video clips from MTV and Comedy Central shows such as "The Colbert Report" and "The Daily Show."
more »Online Video
Fake Anchor Colbert Gives Best Take on YouTube Takedowns
The last week has been a surreal one for fans of fake news. TV shows such as Comedy Central's "The Daily Show" and "The Colbert Report" have had huge boosts in their popularity thanks to online communities, who share video clips and summaries from each show. But the corporate parent to Comedy Central, Viacom, was a bit blind to that fact when it asked video-sharing site YouTube to pull down video clips from those shows that had been posted by fans.
more »Online Video
Stephen Colbert: Don't Love and Leave YouTube
We in the Colbert Nation are sickened by the recent news that heavy-handed trial lawyers at Viacom, representing Comedy Central, have asked YouTube to force its users to remove video clips from "The Colbert Report," "The Daily Show," and "South Park." While those lawyers have legal standing to do this, it goes against the spirit of Internet sharing and viral promotion -- two phenomena that have helped make your show so popular in the first place. It just doesn't sound like you, Stephen, baby.
more »PoliticalShift
Transparency Key to Constructive Partisanship
Among the oddities of the Federal Funding Accountability and Transparency Act effort was that many of the major advocates -- who spanned the political spectrum from left to right -- had never worked together and did not meet in person until the day President Bush signed the measure into law.
more »Legal Drama
Hate Site Horrendous, But Blocking Through ISPs Faulty
A case unfolding in Canada and the U.S. exemplifies all that is terrible and difficult about free speech on the Internet. Ottawa human rights lawyer Richard Warman and the Canadian Jewish Congress have asked the Canadian Radio-Television and Telecommunications Commission (CRTC) -- similar to the FCC -- to direct Internet service providers in Canada to block two hate sites based in the U.S. Warman says the sites, run by white supremacist Bill White of Roanoke, Va., contain "an actual call to murder myself and all Canadian Jews," according to an article by the Canadian Press.
more »Digging Deeper
Mark Cuban's Sharesleuth Takes Business Reporting to Ethical Edge
Billionaire entrepreneur Mark Cuban has one of the best named weblogs, Blog Maverick, because he is nothing if not a maverick in the technology, sports and online worlds. He shepherded his Broadcast.com streaming multimedia company through a successful initial public offering in 1998 and sold it to Yahoo in 1999 for more than $5 billion. Cuban used the proceeds to start high-definition TV networks, HDNet, buy Landmark Movie theaters and buy the Dallas Mavericks NBA team. He's probably the only major team owner who asks fans to email him feedback.
more »Legal Drama
Sock Puppetry::Are Blog Commenters Paid in Net Neutrality Debate?
When I posed a question to my readers on March 31 -- Should the government regulate Net neutrality? -- I was surprised to see how many readers opposed Net neutrality regulation. In the Your Take Roundup the following week, I even headlined it, "People Wary of Government in Net Neutrality Debate." Now word is spreading through the blogosphere that...
more »Legal Drama
Opinion Roundup::Mixed Views on Apple Vs. Gossip Sites
In the Age of the Blog, the wheels of justice are spinning in the U.S. as courts are trying to rule on the rights of bloggers as journalists. There are more questions than answers in a case such as Apple vs. Does: Are the people who run gossip news sites such as PowerPage.org and Apple Insider journalists or even...
more »Digging Deeper
Digging Deeper::Reporters Without Borders Backs Online Freedom Act
While the Republican-majority U.S. Congress has favored less regulation of big business, one GOP lawmaker, Rep. Chris Smith of New Jersey, has shown a willingness to regulate technology and Internet businesses in their dealings with China. Smith held prominent hearings on Capitol Hill on Feb. 15, compelling representatives from Google, Yahoo, Microsoft and Cisco to answer criticism of their...
more »Tags
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