The Law of Blogging
Yesterday a new book on the Law of Blogging was released. It’s available for $9.95 directly from the author as a PDF download only.
The Contents sketch out a broad range of topics:
Table of Contents 5
Cross-Index by Blogging Activity 8
Introduction Meant To Be Read 9
Legal Definition of Blogging 11
The First Amendment and the Differences Between a Blogger and Media 12
Can You Be Sued? 13
Sizing Up Cease and Desist Letters 14
Writing, Editing, and Accountability 17
Setting a Policy Statement For Your Blog 18
Copyright 20
What Is Plagiarism? 21
Likelihood of Getting Caught for Copyright Infringement 21
Fair Use 22
Attribution (Giving Credit For Copyrighted Material) 22
Permissions 23
Linking and “Contributory Infringement” 24
Retractions, Removal, and the “Safe Harbor” Law 24
How Big Can a Judgment Be? 25
Statutory Penalties 25
Safety in Numbers 25
Defamation 26
Elements of Defamation of Character 26
Identifiable Victim 26
Falsehood 27
Malice 27
Emotional Distress 28
The Right to Privacy 28
Good Defenses 29
Truth 29
Privilege (“absolute” or “qualified”) 29
Public Figure 30
Satire and Parody 30
The Comments Were Invited by the Plaintiff 30
Opinion 31
Libel-proof 31
The Victim Is Deceased 31
Uncertain Defenses to Libel Claims 32
Safe Conduit 32
Words Spoken In the Heat of Anger 32
Worthless Defenses 33
Retractions and Removal of Defamatory Material 33
Retractions 33
Removal 34
The DMCA’s “Safe Harbor” Section and the CDA 34
Actions and Notions That Lead to Lawsuits 35
Ignoring the Small Stuff 35
“The Internet isn’t real life.” 36
Special Situations 36
Food Slander, a.k.a Food Disparagement 36
Lawsuits and Criminal Charges 37
Courtroom Slander (by witnesses and lawyers) 38
Threats From Businesses 40
Trademark and Servicemark 40
Likelihood of confusion 40
Dilution 40
Cyber-squatting 41
Interference With the “Natural Growth” of a Trademark 41
Quibbles Over Capitalization and Spelling 41
Searching Trademarks 42
Examples of Trademark Protection 42
Unfair Business Practices 43
Stock/Financial Fraud Litigation 44
Threats From Government (and Religious Groups) 45
The U.S. Government 45
False Advertising and Consumer Fraud 45
Stock/Financial Fraud Criminal 46
Treason and Sedition 47
Conspiracy 48
Wiretapping (and “accessory to wiretapping”) 48
Foreign Governments 49
Dissing Dictators and Governments 50
Blasphemy, Racism, and Culturism 50
Threats From Cults and Non-Profits 51
Threats From Individuals 52
The Right to Privacy 52
The Right to Publicity (or You Ain’t Nuthin’ But a Hound Dog) 55
Product Liability 55
Tips From Mainstream Media 58
Appendix 59
Legal Basics 59
How Laws Are “Made” 59
Analyzing Precedents 60
Statutes of Limitations 60
Where It’s All Going 61
Bloggers As Media 62
Editing and Accountability 62
Food Slander 63
Copyright 63
Right to Privacy 64
Cybersquatting 65
Harassment and “Cyberstalking” 65
Video/Audio Recording Restrictions 65
Governments 66
Hot Button Words Leading to Defamation Lawsuits 66
Glossary 67
Resources 69
General 69
Defamation 70
Copyright 71
Trademark 71
And a new post on IBLS on the law of blogging today. The case law is all American, but it may well be of interest.
Law.com, the Philadelphia courts and Phillips Nizer
Do you think it is a concern that it was not written by a lawyer?
Not unless it’s wrong and then it doesn’t matter who wrote it. Or he’s right and it matters even less that he’s not.
I suppose one might begin with the concern that maybe there are subtleties he might have missed because he lacks the background. But that’s a book/covers adage problem and the concern will be proven or disproven by the content.
I’ll paraphrase what I’ve often said. There’s very little about law that’s either brain surgery or rocket science. If he’s devoted the time required to learn the subject, and the context which is other areas that could affect the subject, he’s probably more competent to do what he’s done than many a lawyer taking cases to court.
There are more than a few areas of legal theory, for example, in which there is excellent writing by people who never went to law school but have other disciplines which make them more than competent to teach lawyers about law.