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Who Owns Weblog Content?

dirvish writes "Information Week has a story discussing copyright issues and legal rights associated with employee blogs and RSS readers. Recently, some companies have come out with formal weblog policies and others have fired employees for inappropriate blogging. With an increase in official company blogs, and some large companies like Microsoft and Google offering popular blogging services, the issues become even more clouded. Some bloggers are beginning to speak out about corporate and government control, others would probably prefer to not risk their jobs."

35 of 354 comments (clear)

  1. If you are a billionaire, you own it! ;-) by xmas2003 · · Score: 2, Insightful

    Mark Cuban's Blog - owner of the Dallas Mavericks ...

    --
    Hulk SMASH Celiac Disease
  2. Common sense... by winkydink · · Score: 4, Insightful
    You are still bound by any agreements you have with your employer when you blog, especially if you represent yourself as an employee.

    On a slightly-related note: Has anybody else noticed that Information Week has been getting awfully thin these past few issues? Trouble on the horizon?

    --

    "I'd rather be a lightning rod than a seismometer." -Ken Kesey

    1. Re:Common sense... by Lord_Dweomer · · Score: 4, Insightful
      "You are still bound by any agreements you have with your employer when you blog, especially if you represent yourself as an employee."

      BINGO! This is such an important point, I hope they bring it up if this ever goes to court. This is simply a new medium for speech which would be regulated by currently existing contracts signed at hiring. There's already rules about what you can and can't say about your employer, why should the web be any different? (Unless you're whistle blowing perhaps)

      And aside from legal aspects of this, its a pretty well known fact that if you start talking shit about a company you work for, sooner or later, they'll find a way to get rid of you without you getting wrongful termination. It just never works out. If you want to say things about your company, be smart, do it anonymously, and don't let it get traced back to you in dumb ways like using special info that would make it obviously you or by telling people.

      And on the internet, remember that it takes the existing rule of "you never know who people know" where you be careful of what you say because you never know who it can get back to and magnifies it because not only do you never know who people know, but you don't even know if the people are the people they say they are.

      --
      Buy Steampunk Clothing Online!
    2. Re:Common sense... by Anonymous Coward · · Score: 1, Insightful

      ...if you start talking shit about a company you work for, sooner or later, they'll find a way to get rid of you without you getting wrongful termination. It just never works out.

      They pay you, you publicly bash them. For some reason they just don't like that...

    3. Re:Common sense... by shawn(at)fsu · · Score: 2, Insightful

      "if common sense were common every body would have it"

      My dad says that to me all the time when I tell him something is common sense.

      --
      500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
    4. Re:Common sense... by Jason+Earl · · Score: 3, Insightful

      Nothing personal, but you got fired for an accute case of stupid. Technical skills are no substitute for a bit of political sense. With one blog entry you made your direct superior, and everyone involved in hiring him look like idiots in a public forum. The folks that got you run would have run you no matter where or how you made the remark (assuming that it got back to them), they simply would have used a different excuse. Too many technical folks think that their technical skills mean that they don't have to learn some people skills, and in today's market that simply isn't the case.

      The reason that you were fired is that you made people with power and authority over you look bad in public, terrorism was just the excuse that they used. Coming up with an excuse to fire someone is not nearly as hard as you would think, especially to folks that have access to all of your email, Internet sites you visit during work, and whatever else.

      The worst part is that with a little bit of political knowledge you could easily have had your direct superior run, but you could probably have received his job as a promotion as well.

    5. Re:Common sense... by Anonymous Coward · · Score: 1, Insightful

      IANAL, but if there is trouble you might want to consult one. In some cases the courts will find that the contract is invalid because you were given no choice. Being out of work for 18 months implies that unemployment is long gone, so you needed a job now.

      Only a lawyer can tell you how that applies to your situation. However depending on what is happening it might be worth asking.

    6. Re:Common sense... by Anonymous Coward · · Score: 1, Insightful

      They can have you pack your desk and leave by noon. However in most cases they will call you to HR and say "You can give us two weeks now and be gone by noon, or we will fire you and you will be gone by noon". Anyone with intelligence will immediately write a letter of resignation - at least you can honestly tell your potential boss at the next company you were not fired, and they will not contradict that. It is hard to get a job if you have been fired, while people resign all the time.

      Companies hate to fire someone unless they are turning you over to police custody along with evidence of some crime. Unless all the paperwork is done correctly it is too easy to claim in court that you were doing the job and deserve some severance. Its worth paying someone two weeks of not working if you must get rid of them. That letter is protection for them (and in your best interests unless you have good reason to sue them already).

  3. I own my own weblog content. by IO+ERROR · · Score: 4, Insightful

    This is really simple. I don't talk about my job on my blog. I don't write blog entries from work. My blog is not hosted by my employer. They have nothing to do with my blog, and if they want to try to exercise any control over my blog, they can go to hell.

    --
    How am I supposed to fit a pithy, relevant quote into 120 characters?
    1. Re:I own my own weblog content. by Richard_at_work · · Score: 2, Insightful

      I side with the employers on this. Smoking is disgusting, and it does harm those people who dont smoke in the office. Smokers smell, even if they take steps to mitigate the stale smoke smell - and many dont.

      I currently work in an office which had a single smoker until he gave up recently. Every time he popped out for a cigarette he came back stinking, several of us had to leave the office for a couple of minutes because we just cant physically stand it.

      You wouldnt accept poor personal hygiene, you wouldnt accept alcohol intake during work hours, so why accept what is just another addiction?

    2. Re:I own my own weblog content. by orcrist · · Score: 4, Insightful

      I see no problem with firing employees that refuse to curtail major, avoidable, unnatural risk factors that cost the company money.

      So there's no problem with firing someone who goes skiing or skydiving in their free time? How about swimming? Or most sports for that matter. All risk factors. Maybe not as high as with smoking but who determines what is major? Then there's travel. Some countries are more dangerous than others; will employers have lists of 'approved' destinations for vacation? For that matter living in or visiting certain parts of many U.S. cities can increase your risk factor: "We didn't fire him because he's black, we fired him because he was visiting the ghetto where he grew up: a major, avoidable, unnatural risk factor!"

      I know this is a slippery slope argument, but the point is that saving the company money shouldn't trump your freedom to spend your free time as you see fit. Life is dangerous and uncertain. You can't put everything on a balance sheet when it comes to human beings, and as long as companies are hiring human beings then they need to consider that to be the *company's* risk factor. After all there are still laws which prevent discrimination against handicapped people, even if it costs more money, and even if they are handicapped because they fell asleep at the wheel or broke their neck horse-back riding (both avoidable risk factors).

      -chris

      --
      San Francisco values: compassion, tolerance, respect, intelligence
  4. As long as computer use policies are spelled out by Shnizzzle · · Score: 2, Insightful

    and federally regulated break time is given, an employer can restrict whatever non-workrelated activities they wish. Especially those carried about using company equipment.

  5. The company should own things that concern them by chris09876 · · Score: 5, Insightful

    People should really treat blogs just like anything that they would say in public. Most companies have IP agreements, or nondisclosure agreements. If an employee posts something that violates that agreement, then the company can ask them to take it down. People have a right to talk about their personal lives, but when you work for someone else, you usually have to agree not to disclose private information about them. Blogs are just a natural extension of that rule.

    1. Re:The company should own things that concern them by robbo · · Score: 4, Insightful

      People should really treat blogs just like anything that they would say in public.

      Trouble is, many people forget what 'in public' really means. It doesn't mean grousing about your job to a small group of friends. When you complain about management on your blog, you might as well have called a press conference, made your comments and had it play on CNN. Every night. Forever. Sooner or later the boss is going to catch wind. And that's when it gets tricky-- you haven't broken any NDA's, you're just advertising your dissatisfaction with your employer. That's probably enough reason for them to express their dissatisfaction with your job performance...

      --
      So long, and thanks for all the Phish
  6. Personal Websites by SteveX · · Score: 5, Insightful

    A blog is no different than a personal website; folks have had those since the dawn of the web.

    Read your employment agreement; if you're still not sure talk to your HR folks. Better safe than sorry.

  7. Blogs should not be an exception by arhar · · Score: 1, Insightful

    What's the difference between a blog and another personal website? You should be able to say whatever you want on it ...

  8. It depends. by BlueThunderArmy · · Score: 5, Insightful
    I would think who owns the content would depend on some very simple criteria, but ones which often lead to legal battles.

    If an employee blogs for or as a representative of her company, the company owns the material.

    If an employee blogs on her own time, and on matters unrelated to the company, the author owns the material.

    If an employee blogs on her own time, but on matters related to the company and identifying herself with the company, she owns the material but will likely face consequences.

  9. Re:As long as computer use policies are spelled ou by garcia · · Score: 2, Insightful

    Problem is that they usually aren't spelled out and you just have to use common sense. Sadly most people don't have common sense and certainly don't think of the consequences of their actions until it's too late.

  10. I wouldn't blog by WormholeFiend · · Score: 4, Insightful

    on my employer's weblog anymore than I would post my opinion on my employer's bulletin boards.

    I think that if you want to avoid being quoted as saying stuff, or avoid having someone steal your ideas, then maybe you should choose another medium.

  11. Re:Modern employment by ackthpt · · Score: 2, Insightful
    Modern employment is intellectual slavery.

    As opposed to what? Employement in the pre-union days of the early 20th century, where workers were little more than chattel and their minds didn't matter? Orgainization was seen as a step towards communism and fought hard and bloody. Now you just post anonymously about how your thoughts aren't your own.

    Blog anonymously and with a healthy dose of paranoia.

    No, cheapskate, hire a lawyer to advise you on protecting any ideas of your own which you think may be of significant value. If you've come up with a zinger which may make your fortune, you don't have to stay with your employer and bitch about it, go take a risk on your own and leave the job.

    --

    A feeling of having made the same mistake before: Deja Foobar
  12. Go On, Blog About It! by CheeseburgerBlue · · Score: 2, Insightful

    People too stupid to use pseudonyms get what they deserve.

    People who let their employers violate their civil liberties get what they deserve.

    People who arrogantly deal out advice for other people get what they deserve.

  13. Well Duh! by PMuse · · Score: 2, Insightful

    This is all obvious, isn't it?

    1. Anything you publish will be considered by people considering hiring you. Therefore, publish only what you would be proud of.

    2. Companies expect that their employees will not disclose confidential company information. Doing so can get you disciplined or fired. Never mind whether they could get a court order stopping you -- your job will end long before anything like that happens.

    3. Companies expect that their employees will publicly support the company, or at least not publicly embarrass it. Doing so can get you disciplined or fired.

    4. Materials written on company time or hosted on company equipment may be the property of your employer.

    None of this is new. The only thing blogs add to this picture is that more of us now have the opportunity to publish.

    --
    "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  14. You're Not in Oz, Dorothy by ackthpt · · Score: 4, Insightful
    Meanwhile there are people arguing free speech rights only apply when the government is attempting to restrict them, conveniently ignoring the fact that if there were any multinational corporations around when the founders set this place up maybe the Bill of Rights would have been a little tighter.

    If you don't like your employer's attitude on these issues, you're still free to walk, you don't need a pair of ruby slippers to click three times and wish you were home. Enough people have the guts to walk out on an oppressive employer they may get the message, particularly if you mention it in an exit interview.

    I've disagreed with employers and managers (who may or may not represent the employer above their own ego) and spoken my mind a number of times. It's usually best to form a plan to address grievances rather than uttering disparaging remarks in the break room or anonymously on the web or in the news. If there's nothing to be gained then have the intelligence to go. I truly despise hearing people whine about how they hate what's going on in their workplace, but don't do anything about it.

    --

    A feeling of having made the same mistake before: Deja Foobar
  15. Lesson from anon.penet.fi by powdered+toast+dude · · Score: 5, Insightful
    Anonymity on the Internet is a dubious prospect at best in most cases. Unless you're using a hijacked or unpaid public connection, I recommend you assume you are speaking your views as yourself publicly, and accept accountability for doing so.

    Remember anon.penet.fi? As soon as the heat came down, so did the veil of anonymity.

    $0.02,
    ptd

    --
    I'm an animal lover -- they're delicious!
  16. Re:The problem you're speaking about... by Xzzy · · Score: 4, Insightful

    I know it's a wildly unpopular concept with a lot of the tech crowd, but that's the sort of thing that unions were created to prevent. You think EA would be raping it's employees if it's workers were unionized?

    Not a fan of unions myself, but history suggests it'll get results.

  17. Re:More importantly.... by ClippyHater · · Score: 2, Insightful

    Look at the bottom of the page:

    All trademarks and copyrights on this page are owned by their respective owners. Comments are owned by the Poster. The Rest © 1997-2004 OSTG.

  18. I blog daily. by Dagny+Taggert · · Score: 2, Insightful

    However, I just don't talk about work. I could write several books about what goes on there, but what would it do for me in the end? If I need therapy because of work, then I should see a shrink, not blab about it to people who don't care anyway. Stick to politics: it pisses people off AND it's easy to pick sides in a fight.

    --
    Don't be a looter...and yes, I know that it's spelled with an "A" instead of an "E".
  19. Re:Freedom of Expression by ajakk · · Score: 3, Insightful

    So why shouldn't I be allowed to voluntarily enter into a contract that restricts my own speech? Should I not be allowed that freedom?

  20. Not sure what the fuss is.... by catdevnull · · Score: 4, Insightful
    OK, I'm fairly liberal on the issue of Freedom of Speech. But, if you're:
    • Blogging on company time
    • Blogging bad about your company
    • Blogging about how much you hate your job
    • Blogging out information that should stay behind company doors
    I think you're asking for trouble. Your freedom of speech covers your political muscle not libel or slander. As an employee, there should be some respect for the boundaries expected of you. If you're fairly sure you have a right to say something, be sure to follow the same rules to which journalists are supposedly accountable: integrity, truth, and accuracy. No one should be able to fire you for that. But, if you're expected to maintain a sense of decorum or have signed a disclosure agreement, maybe you should respect the rights and privacy of the company or those about whom you're blogging. Otherwise, do something to obfuscate your identity--but bloggers love to be exhibitionists.

    Personally, I think blogging is a bit of a strange habit because I'm an introvert and I don't think the world wants or cares to know about my feelings, political orientation, or how much I loathe/love my job, family, pets, or celebrities.

    I do like to post occassional anecdotes, etc. but as a rule, I try to respect others and not type something I wouldn't want them to read. Or, if it's unflattering, I'll try to find some way to not assassinate their character but to find fault in the action.

    The world is full of too many myopic opinionated people who care little about the effects of their words or actions. I think, we as internet denizens, should be careful to promote change with careful and constructive criticism and express ourselves with honesty without malice--even on blogs.

    BTW: Bloggers suck. (Just kidding)
    --

    I might know what I'm talkin' about, but then again, this is Slashdot...
  21. Re:Freedom of Expression by CGP314 · · Score: 2, Insightful

    So why shouldn't I be allowed to voluntarily enter into a contract that restricts my own speech? Should I not be allowed that freedom?

    For the same reason you shouldn't be allowed to enter into a contract that makes you a slave.


    -Colin

  22. And you can. by rjstanford · · Score: 2, Insightful

    Those are indeed your rights. Of course, your employer can also fire you, sue you, or promote you, either because of your blog or without knowing about it. Those are your employer's rights.

    --
    You're special forces then? That's great! I just love your olympics!
  23. Re:The problem you're speaking about... by westlake · · Score: 2, Insightful
    there are people arguing free speech rights only apply when the government is attempting to restrict them, conveniently ignoring the fact that if there were any multinational corporations around when the founders set this place up maybe the Bill of Rights would have been a little tighter.

    The colonial experience is all about "multinational" corporations. How do you think trade and settlement were organized and funded in those early days? The Hudson's Bay Company, founded in 1670, is still a going concern.

  24. obsecurity--a new buzzword by bodrell · · Score: 2, Insightful
    I know this wasn't intentional, but I nominate "obsecurity" as a replacement for the phrase "security through obscurity."
    Example usage:

    "I don't know why Microsoft keeps touting Digital Rights Management--everyone knows obsecurity is no security at all."

    Anyone second the motion?

    --
    Si la vida me da palo, yo la voy a soportar Si la vida me da palo, yo la voy a espabilar
  25. Not just blogging services by mdavids · · Score: 4, Insightful

    I recently aquired a virtual server in the US, and under "Unacceptable Content" in the terms of service, it said the following:

    Other unacceptable content includes but is not limited to: sites promoting or discussing any domestic or international political issues...

    As a non-US citizen this strikes me as frighteningly extreme. On the other hand, this is a country where people can be abducted by the state, imprisoned without charge and tortured (legally, according to the attorney general), so if I were running an Internet service in the US, I'd probably be reluctant to argue my clients' free speech rights too strenuously.

    Let's assume (because I can't be bothered with research) that these clauses are becoming commonplace in hosting agreements. Well, you could always host your political website yourself. Except I imagine retail ISPs and other upstream bandwidth providers will also want to be seen to be doing their bit for homeland security, and adjust their TOS documents accordingly.

    So where will you go for free political debate in the US? Call in to Rush Limbaugh? Meet in the dead of night in a cellar behind a cast-iron door with a peephole and a large armed man asking for the password ("crossfire")?

    1. Re:Not just blogging services by Anonymous Coward · · Score: 1, Insightful

      I presume that's there so when the Secret Service or the FBI come knocking, the ISP can disclaim all knowledge and pull the site immediately without any legal problems from the customer (after all, the customer was violating the TOS). Pretty chilling, though. I hope you'll be directing your funds elsewhere in future?