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.

The 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

LEGACY MARKETING

"Oh boy, what’s he doing now?"

Excellent question and I’m glad you asked. Let me answer with another question: how do you want to be remembered?

"You mean….?"

Yes, when you get to "the end".

Kidding aside it’s a serious question. Personally, I want people to look back and think "there was a good person, who delighted in helping others".

So, the second question is: are you practicing your legacy in marketing now?

"Uh-oh, sermon…"

Actually, it’s not.

If you think about it for a moment, if you want to be remembered, or look back one day and say "wow, look what I was able to do," consider what you’re doing today in order to be able to have that vision to look back upon.

Are you building pyramids using the strengths of others, or are you building pyramids with others?

If you truly want to be remembered as a good person who helped people realized their dreams, or someone who dedicated their lives to a cause, or a committed individual who just wanted to see people grow, then consider putting that philosophy into practice now.

You only get one pass at this life, and you’re the driver. You may not care what you think in 20, 30, 40 or more years from now. You may care even less about what others may think. But you know something? I’ll bet it shows…

A SEARCH FOR MEANING : PROFESSIONALISM

"He’s very professional."

"That’s a very ‘professional’ look."

"She’s a real professional."

"That was unprofessional."

These are all comments I’ve heard within the past month (not all directed at myself I hasten to add). On the heels of my last article on the subject of professionalism and being a professional (WHAT DO YOU MEAN YOU "DON’T KNOW"…YOU’RE A "PROFESSIONAL"!), I decided to pursue the subject in a little more detail because I’m curious as to what really defines "a professional" or "professional behavior".

According to Merriam-Webster, there are two main definitions:

1. the conduct, aims, or qualities that characterize or mark a profession or a professional person
2. the following of a profession (as athletics) for gain or livelihood

The latter we’re pretty familiar with and I think it’s fair to say that we associated "professionalism" in sports with "sportsman-like" behavior. When a well-known sports pro gets into trouble, the word "unprofessional" usually appears in the descriptions or condemnations somewhere.

So, therein probably lies a possible part of the definition: we expect a certain level of generally-acceptable behavior from those we consider "professionals".

Where the bar is set may be a little vague. As Edward Toupin discusses in his post "Professionalism … How do I get one?", what is deemed "professional" in one industry may not be in another. The term is subject to interpretation and influenced by the environment in which on is expected to operate.

There is a neat little slide show I came across on the Texas Library and Archives Commission site quite by accident (which goes to show the web can take you places you never thought of) which includes in the definition of "professionalism" specific words such as "Education", "Competencies", "Characteristics" and "Intellectualism", suggesting that "brains" is part of the the "professional character".

In her blog Linda Lord, reviews the expected behaviors of a "professional": "They tend to be cool under pressure, able to move easily between social settings and handle public events with confidence. Someone demonstrating professionalism is able to omit emotional outbursts when handling stressful situations. They maintain their focus, accept the urgency of the situation, and act responsibly when resolving difficult matters. "

Certainly, this describes more of the expected behavior than the educational or intellectual requirements of a "professional".

My two cents is that we tend to use "professionalism" and derivatives thereof in a wide range of descriptions and actually run the risk of "desensitizing" ourselves to it by overuse. I think it’s open to interpretation. We all have our own views on what is professionally acceptable and what isn’t. I’m not sure I buy into the "intellectualism" part. I think that "professionalism" comes from within. There may be educational and ethical requirements to belong to a "profession" and to be expected to behave within a documented or expected set of behaviors. I believe there are socially acceptable non-professional "professional" behaviors that we expect from "business" people, no matter what industry. I think I’m safe in including:

• Sincerity
• Honesty
• Integrity

Add to these the list of what may be expected in a given industry and you have, in my very humble opinion, a "professional".

So, with the waters muddied even further, from one professional to another, have a great week!

Dave

Articles referenced: Edward B. Toupin (writer and coach) : "Professionalism … How do I get one?", Linda Lord (Human Agriculturalist) : "What is professionalism", Texas Library and Archives Commission : "What is Professionalism?"