Google Accused Of Invisibly Deleting Blog Posts On The RIAA's Say-So

from the how-not-to-promote-yourself dept

The fight between music bloggers and record labels reached its most visible point when a guy who uploaded a leaked copy of the latest Guns N' Roses album to his site got arrested by the FBI. But many music bloggers are now fighting a much more invisible menace, with posts they've written suddenly disappearing from their sites (via Tyler Hellard) hosted on Google's Blogger platform. An RIAA source says that the group sends Google a list of URLs it doesn't like, and Google "then deals with the problem." Google says that it notifies bloggers after their posts have been taken down, in accordance with the DMCA. But it should hardly be surprising that many of those affected say they've gotten no such notice, nor that the offending material was either legally posted and/or supplied by the labels themselves. So two possibilities emerge: the RIAA is filing false DMCA takedowns, and/or its legal right hand doesn't know what the labels' promotional left hands are doing. The upshot of this is that lots of music bloggers say the threat of landing in legal trouble -- particularly for posting music supplied to them by labels and artists -- is having a chilling effect on them, and could eventually stop them from blogging, shutting down a valuable promotional tool for the labels. That sort of shooting itself in the foot, though, seems to be the record industry's specialty.

Filed Under: blogs, music, notices, takedowns
Companies: google, riaa

Is It Defamation If A Commenter Libels The Owner Of A Blog In That Blog's Comments?

from the legal-questions dept

Well, here's an interesting legal question brought about by modern technology. If a commenter on a blog "defames" the owner of that blog, and the blogger does not delete those comments, is it still defamation? According to a court in the UK, the answer is no. The court found that, since the blogger had the ability to moderate comments, leaving them up was a de facto consent to having the comments published. This is fascinating, as defamation law was originally targeted at publishers who used their publications to spread false claims about someone. Yet, today, with the internet and comment systems, the tables are turned somewhat.

On the whole, I tend to agree with the ruling -- though, these days I'm fairly skeptical of most defamation suits. It's difficult to see how the guy suffered any "harm" since he left the supposedly damaging comments up when he had every means to delete them. Of course, you could flip that around -- and note that, in deleting those comments, you might only draw more attention to them (hello, Streisand Effect!), and so perhaps you could argue that leaving the comments as they are, and responding to them rather than deleting them, was your way of minimizing the "damage." Either way, it's yet another example of how modern technology sometimes doesn't mesh well with existing laws.

Filed Under: blogs, comments, defamation

Vietnam Continues Online Censorship; Outlaws 'Subversive' Blogs; Puts Liability On ISPs

from the define-subversive dept

Vietnam has a long history of online censorship and suppression of dissent. Back in 2002, a law was put in place requiring registration with the government before creating a website, and soon after that there were reports of arrests of people for putting "questionable" material online. Given that, it's hardly surprising to find out that the country has now officially banned "subversive" blogs. Of course, I'm sure the definition of subversive is left open to whoever is enforcing the law. But what's really bad about this law, is that it puts the liability on internet service providers -- saying that they'll be held responsible for any subversive blogs that are hosted by them. It's not entirely clear how this will impact foreign blog hosting companies, but it can't be a good thing. Apparently, the Vietnamese government is specifically planning to talk to Yahoo and Google to get them to "cooperate" in "creating the best and healthiest environment for bloggers." There's been plenty of controversy for both Yahoo and Google for how they've dealt with government censorship in China, so the last thing they need is another such controversy.

Filed Under: blogs, censorship, liability, vietnam

Australian Filtering Boss: Turning Off Blog And Comments

from the but-listening...-we-swear... dept

With the story earlier this week about Australia's Broadband Minister, Stephen Conroy, considering adding BitTorrent filtering to the country's ISP filtering/censorship program, it was notable that Conroy said he was paying close attention to the commentary about the program online -- including various blogs and social network systems like Twitter. That was actually a small glimmer of hope mixed in with the ridiculous policy -- but it appears that Conroy has decided he'd really rather not listen to the conversation on his own blog. While that post about BitTorrent filtering got a lot of attention, it also got a ton of comments, and now Conroy and his team are turning off their blog and closing down the comments. Way to communicate with the people...

Filed Under: australia, bittorrent, blogs, censorship, comments, filters, stephen conroy

Wait, You Mean Homeland Security Isn't Already Scanning Blogs & Forums For Terrorists?

from the uh,-yikes? dept

USA Today is reporting that Homeland Security is looking to start scanning blogs, forums and message boards to try to track terrorists and terrorist activity. My first reaction to this, honestly, was shock. Shouldn't they have been doing this already? As in, for many, many years? To be fair, the article suggests that the real difference here is that in the past Homeland Security has done static searches that they check on every so often -- and now they're hoping for a more real-time solution. Even so, it strikes me as odd that Homeland Security didn't already have something that was at least close to real-time in alerting them to certain things online. For all the talk of sophisticated monitoring on internet activities, could it be that we're really that far behind in internet terrorist monitoring?

Filed Under: blogs, comments, forums, homeland security, monitoring, terrorists

Whether Twitter, Blogs Or Mainstream Media... Breaking News Can Get Facts Wrong

from the it's-what-happens-in-the-heat-of-the-moment dept

There was a silly debate soon after the awful tragedy of the terrorist attacks in Mumbai last month, where people started questioning whether or not Twitter was a legitimate news source. There were many reports from people on the scene via Twitter, and it was a fascinating (if somewhat depressing) "real-time" way of keeping up on some of what was happening. But some criticized the reliance on Twitter-as-journalism by complaining that it wasn't journalism because Twitter reports got facts wrong. That sounds good, but if that's the actual standard, then, well, pretty much nothing is journalism. As Slate is reporting, early reports from the mainstream press seemed to get much of the story wrong as well.

In the heat of an ongoing crisis, it's no surprise that details and facts are somewhat cloudy, and sources aren't (and often can't be) checked, but in the rush to get the news out, information, whether or not it's accurate, is going to get reported anyway. That's not necessarily a bad thing -- so long as it's clear that the information hasn't yet been confirmed. It's better to get the information out there. However, as the Slate report notes, what newspapers could do, is do a much better job cleaning up after the fact -- as we suggested in our story last week about a newspaper's incorrect report that quickly spread around the internet. Rather than put up a correction, the newspaper simply deleted the wrong article and pretended it never happened.

Filed Under: blogs, journalism, mumbai, news, social networking
Companies: twitter

Former Malaysian Prime Minister Now Blogging His Opposition To Press Restrictions He Set Up

from the what's-good-for-the-goose? dept

We've written an awful lot about the rise of political blogging in Malaysia. The government there has had something of a love-hate affair with blogs for quite some time, starting with a plan to force blogs to register, to later telling various candidates for government they were requiring them to blog, to having a special agency set up to respond to bloggers. More recently, though, things have taken a very negative turn, as various opposition party bloggers were able to use their blog popularity to catapult themselves into office, the ruling party began cracking down, even sentencing leading bloggers to jail.

The good news on that front, however, is that a court has decided that the arrest was illegal and the blogger is to be freed. Though, you get the feeling that the government will continue to try to punish him.

In the meantime, one of the most interesting political bloggers in Malaysia may be the former Prime Minister, Mahathir Mohamad, who apparently championed many of the free speech restrictions that allow the crackdowns. We had mentioned his embrace of blogging about a year and a half ago, and now the NY Times has written up a more detailed article, claiming that now that he's no longer in power, he's had quite a change of heart concerning restrictions on freedom of the press. Of course, much of it seems to come off as whining that people won't listen to him any more:

"Where is the press freedom? Broadcast what I have to say! What I say is not even accurately published in the press!"

While it is a good thing that he's realized how problematic free speech restrictions are, there is a bit of karmic justice in having him find himself stymied by rules that he championed and used to his own advantage when in power.

Filed Under: arrests, bans, blogs, malaysia, politics

Perhaps Turkey Should Just Ban The Entire Internet

from the adding-another-one dept

It would appear that the Turkish government and courts are a bit trigger happy when it comes to flat-out banning websites for almost no reason at all. In the past, we've reported on Turkish bans on YouTube, Slide, Wordpress.com and Google Groups. Now, via Slashdot, we see that a Turkish court has banned all of Google's Blogger service including all of the blogs hosted at blogspot.com. Unlike the bans of the other sites, which happened after people who were offended by content found on each complained, it appears that the Blogger ban was due to a Turkish TV service, Digiturk, which was upset that some Blogger users were posting links to unauthorized streams of Turkish football matches.

Yes, you read that correctly. Because a few bloggers had linked to (not even hosted) some unauthorized streams of a sporting event, Digiturk was able to ban all of Blogger. At this point, you have to wonder why Turkey allows the internet at all.

Filed Under: bans, blogs, turkey
Companies: google

Reminder: Defamation Still Applies To Bloggers

from the in-case-you-thought-otherwise dept

There's this odd belief among some bloggers that defamation and libel laws don't actually apply to bloggers. Nothing could be further from the truth, however. Some of the confusion may stem from court rulings about comment liability, suggesting that a blogger is not liable for defamatory statements made by others in their comments. Unfortunately, many have taken this to mean that there is no liability for blogging defamatory statements. Others believe that since it's their personal blog, they can say what they want and there shouldn't be any liability, because it's not like a newspaper. While I tend to think the entire concept of defamation laws should be rethought in an era when everyone is a publisher, that doesn't change the fact that they do exist and they do apply to bloggers. At least, that's what one set of bloggers is finding out after a court refused to dismiss a defamation suit against them, when the bloggers insisted their statements weren't defamatory because they were just their opinions. But the claim was pretty seriously undermined by the fact that many of the potentially defamatory statements weren't just made as statements of fact, but were posted on a blog that exclaimed across the site: "OUR STORIES ARE TRUE." Oops.

Filed Under: bloggers, blogs, defamation, libel

Has Italy Outlawed Unregistered Blogs?

from the if-you-outlaw-blogs,-only-outlaws-will-have-blogs dept

Over the past year or so, we've noticed a string of stories coming out of Italy that suggests a rather odd legal viewpoint when it comes to the internet. There was the government's decision to release everyone's tax returns publicly online. Then there was an effort to put some Google executives in jail over videos that were uploaded to Google (not by those executives), and then, of course, Italy's attempt to ban access to The Pirate Bay (since rescinded).

However, the latest report is that Italy was able to force a blog offline permanently by using a law that requires news publishers to register with the government. A judge ruled that since a blog has a headline and some text, it counts as a news publication, and thus anyone who hasn't registered has violated this law. Of course, a politician (who used to be in favor of the law) is now warning that this could make an awfully large number of websites in Italy illegal, if the law is interpreted strictly. Basically, the Italian government now has the ability to force pretty much any blog site offline if they don't like the content, just by making this type of claim.

Filed Under: blogs, italy, registration