Do You Know Your Blog Law? How Not to Get Sued


I’m sorry to interrupt the Sellsius blog program with this self-promotion post.

I will be moderating a couple of panels at this year’s Inman Bloggers Connect, being held in San Francisco on July 23, 2008 at the Palace Hotel.

The first panel is entitled:

Blogging Pitfalls: How NOT to Get Sued. 11:30-12:15

Panelists include Ardell DellaLoggia (Author, Rain City Guide), Todd Carpenter (Lenderama, Bizomi Consulting) and NAR’s Senior Technology Policy Representatie, Melanie Wyne.

As an attorney, I find most bloggers don’t fully understand the risks of blogging– these include copyright and trademark infringement, plagiarism, libel, and NAR Code of Ethics violations– any one of which could get you fired, up to your neck in legal fees or, worse, stuck in a room with a bunch of yapping lawyers.

One blogger learned the hard way– he is defending a $25 million dollar libel lawsuit in Florida for a blog post he wrote about a developer. Others have been threatened with legal action (those anxiety ridden Cease and Desist letters) and Ethics complaints for blog posts. Whether you are right or wrong, you spend a lot of worry time. And it all ends up on the net in perpetuity. (Advance legal tip: it is not defamation to call someone a “dumb ass“, at least not in California) So stop by for a legal lesson and some piece of mind.

I will also be moderating, along with Kris Berg, Joel Burslem, Jay Thompson & Jeff Turner, a Speaker Q&A & Networking panel from 2:00-2:45.

Hope to see you all there.

Sign up for Bloggers Connect here.

Now, back to our regularly scheduled blog.

[image credit: Lithograph by Honore Daumier (1845) (dumb ass quote not in original) ]

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12 Responses to “Do You Know Your Blog Law? How Not to Get Sued”


  1. 1 Kris Berg Jun 2nd, 2008 at 10:22 am

    I can’t wait! See you in SF.

  2. 2 Tim O'Keefe Jun 2nd, 2008 at 11:36 am

    Cool because I use that word allot on the 405!>

  3. 3 Joseph Ferrara Jun 2nd, 2008 at 2:46 pm

    Looking forward to it Kris.

    Tim
    That or the little bird :)

  4. 4 Sharon Simms Jun 2nd, 2008 at 6:34 pm

    Joe - sorry I won’t be in San Francisco this year. The liability aspect sounds like a great panel! Hope you’ll be doing another Sellsius tour and stopping in Florida again.

  5. 5 Joseph Ferrara Jun 2nd, 2008 at 9:37 pm

    If I get back to Florida, I will stop by to see you Sharon. You are a great host.

  6. 6 ARDELL DellaLoggia Jun 3rd, 2008 at 2:36 am

    Maybe you could prep me by pointing out some of the posts I’ve written that I “could” have been sued for :) I’m very “in my brain; out my mouth”, and I’ve written hundreds and likely thousands of posts in the last 2 1/2 years. Amazing how much one can manage to boldly say without getting sued.

  7. 7 Joseph Ferrara Jun 3rd, 2008 at 10:32 am

    Ardell,

    Thankfully, we live in a country which holds in highest esteem and honor the right to free speech, which includes the right to dissent and criticize. But, we also respect individual rights, their creative works, their right to privacy and that their reputation and good name be protected from false charges. I have known you to espouse the former and eschew the latter. You know, or at least sense, where the legal line is. Others do not.
    Also, you write original content and do not post many copyrighted images. One has to be careful with “cut and paste” and use of copyrighted works.

  8. 8 Kathy McGraw Jun 3rd, 2008 at 11:20 am

    This is one subject, especially in CA, that concerns me. I guess I should be relieved that the agents with our company don’t blog. I am always amazed at what people will sue someone for.

  9. 9 Joseph Ferrara Jun 3rd, 2008 at 12:45 pm

    True, Kathy. There are things you can do to lessen the chance of a lawsuit.

  10. 10 Kathy McGraw Jun 3rd, 2008 at 12:52 pm

    Joseph- Yes. Having a background in Probation, I have a pretty good idea of what to say, and what not to say. The trick is to remember not to Post on a controversial topic that emotions can rule reason; at least for me. Oh, and a good disclaimer:)

  11. 11 Joseph Ferrara Jun 3rd, 2008 at 5:40 pm

    …and insurance

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