Dave’s JDE Blog

Technology, Web and Marketing

READ ‘EM AND WEEP

It’s funny what you can come across when browsing for something completely different, but then again, it shows what a good blog article title can do…

BLOGGERS BUSTED BY COURTS

The article on legalzoom.com (here’s the link), discusses the 2009 case of Liskula Cohen, a model, who was called some rather unpleasant things in several anonymous blog posts. She decided to sue. Since the poster was unknown, her attorney’s had to go after Google, owners of Blogger.com where the comments were made.

Blog posting anonymously may not be protectionThe case made it to the New York Supreme court where it was decided that the comments had been defamatory and Cohen had rights to claim compensation. More specifically, they quoted a similar Virginia case and stated that anyone suffering "damages" as a result of "tortious or other actionable communications on the Internet" should be able to "seek appropriate redress by preventing the wrongdoers from hiding behind an illusory shield of purported First Amendment rights."
Back in 1995, the US Supreme Court had ruled the opposite, citing that the First Amendment guarantees protection, is vital to any democracy and "Anonymity is a shield from the tyranny of the majority".

A quick Google search for “bloggers sued” brings up a host of results (add 2009 to the search for more current stories) from here and abroad. It that there isn’t a part of the world that doesn’t have a blog-related lawsuit in progress somewhere.

So, what does it all mean?

Well, other than I shouldn’t be so easily sidetracked, it goes to show that "anonymous" isn’t necessarily so. Of course, many of us already know that once we step foot into the Internet world, we’re about as anonymous as a polar bear at a penguin convention. Yet, that aside, it also goes to show that what you say really can matter online. What you say can come back to haunt you, whether it’s a comment you make on a personal level, or, I’m guessing, a professional one too. The "offense" may not have been intended, but that’s up to the "offended" party. There are, I’m sure, some very legitimate cases that deserve a look, but that has to be balanced by the First Amendment (or other freedom-of-speech laws around the world) and allowing people to say what they want to.

The legal lines are very shaky in this regard. Quite literally, the jury is out when it comes to what’s okay and what’s going to end someone up in court. As an enthusiastic blogger and writer myself, I hate the thought of censorship at any level, but such is the world we live in. It’s going to be interesting to see how it develops, but in the meantime…if it’s something I wouldn’t say I loud in a public forum, it might be worth keeping to myself…that makes sense to me.

Oh – and this blog is my opinion and is not intended to offend anyone…sigh.

I write about different marketing strategies and techniques, both traditional and non in my online newsletter Webby’s Updates which you can read at www.JDELtd.com and subscribe to if you so choose. You can download this and other articles from by Small Business GENetics site, www.sbgenetics.com

October 29, 2009 Posted by Dave | Communication, blogging, legal | , , , , , , | No Comments Yet

A GOAL A DAY…

What ever the underlying cause for that slightly excited 4pm sense of excitement, many people feel a sense of accomplishment; and many wish they could feel that way every day.What is it about that "Friday Feeling"? The anticipation of two days of no work? Having survived another week of the rat race? Sleeping in? Happy hour?

What ever the underlying cause for that slightly excited 4pm sense of excitement, many people feel a sense of accomplishment; and many wish they could feel that way every day. While this post comes under the broad heading of "marketing", it can apply to other aspects of personal or professional life.

The old proverb "an apple a day keeps the doctor (or dentist) away" has some conventional wisdom within. Take the proverb and substitute "goal" for "apple" and "apathy" for "doctor" and we’re on to something.

Last week I posted an article comparing a marketing campaign to a military one (see VENI, VIDI, VICI). In the article I illustrated that, like it’s military counterpart, a marketing campaign is comprised of a series of goals, each building on the former to achieve the ultimate goal.

Okay Dave, but what’s this got to do with-

Hang on – I’m getting there.

Take a look at your marketing campaign plan. Hopefully it’s broken down into strategic milestones, monthly or weekly goals. If not, perhaps you could consider doing so, and while you’re at it, break into daily goals too.

That’s a lot of work, Dave…

Is it really? The more detail you can break a plan down to, the easier it is to adjust the smaller components. But most importantly, you can set daily goals. This might be something as routine as "complete 10 marketing calls" or "5 ideas for flyers", but at the end of the day, it can be something you can put a line through and say "done". It’s a part of your campaign. You’re a step closer to reaching your goal and getting where you want / need to go.

Is it a "Friday Feeling"? Perhaps not quite, but you can look back at the day with a sense of having achieved something relevant to you and your business.

Happy Friday.

I write about different marketing strategies and techniques, both traditional and non in my online newsletter Webby’s Updates which you can read at www.JDELtd.com and subscribe to if you so choose. You can download this and other articles from by Small Business GENetics site, www.sbgenetics.com

October 2, 2009 Posted by Dave | Communication, Marketing, Tips, motivation | , , , , , , , , | No Comments Yet