Slashdot Mirror
12 Laws Every Blogger Needs to Know
An anonymous reader noted a nice piece discussing 12 laws bloggers need to know which includes explanations of matters including domain name trademarks, deep linking, fair use of thumbnails and so on. It's worth a read for most anyone who puts words on this here interweb.
As it rips off its list of steps for incorporating directly from nolo.
As a blogger (on hiatus) who could be considered "professional" (meaning part of my income comes from my blogging or my business helping businesses blog), I am glad that the anarchy of the blogging market is quickly making many of these laws impossible to enforce. For those who know my opinions, I am anti-copyright, anti-trademark, anti-patent; basic anti-intellectual property of any kind. I believe in real assets that have finite supply, not intellectual assets that can have near infinite supply.
Here's why most of this is unimportant, based on the sheer volume of blogging and the growth rate it will see from now until forever:
1. Whether to Disclose Paid Posts
A blogger who doesn't disclose paid posts will be called out on it and lose their customer base. The FTC should have nothing to do with this -- it happens naturally already.
2. Is Deep Linking Legal
The sheer volume of bloggers who deep-link is overwhelming. If someone "catches you" and thinks you are breaking a law, the cost to fight it is excessive. Instead of hitting you with a lawsuit, you'll get a cease and desist, at which point you can remove the link after you've profited from it. Each deep-link probably has a different "owner/author," so let them manage their own inept use of force.
3. The Legal Use of Images and Thumbnails
see #2 -- Cease & Desist before lawsuit.
4. Laws that Protect You From Stolen Content
Those who try to protect their content from getting "stolen" will find themselves losing market share to those who freely allow re-distribution. All my writings are instantly public domain, because it helps my business by bringing my words to a larger audience. I even allow people to redistribute "as their own" with no reference to me. Why? It still increases the marketbase, and eventually that increases my audience potential. As to the law, see #2 and #3.
5. Domain Name Trademark Issues
I rely more on Google, Yahoo and Microsoft searches than on people knowing my domain name. Some of my most profitable blogs have the absolute worst domain names with impossible to remember subdomains. They're popular because of "StumbleUpon" and have good ranking in the search engines. I care little about the domain name, and am just as likely to register gobbledy-gook names.
6. Handling Private Data About Your Readers
Simple solution -- keep nothing. I don't need to know anything more about my readers than their IP address (to see if they're returning) and maybe some simple info that their browser gives me info on (operating system, web browser version, etc). The rest is worthless to me, I don't resell data, nor would I want to spend the time doing so.
7. Who Owns User-Developed Content and Can You Delete It
Who cares? Like #2, if a user posts something and asks me to delete it (like a cease and desist), I will. Big deal.
8. The Duty to Monitor Your Blog Comments, and Liability
Again, if someone has a problem with what I write, or what someone else writes, I'll nuke the problem topic if I feel I am lawsuit-worthy. The cost to go after millions of writers is enormous, and probably worthless.
9. Basic Tax Law Issues in Blogging
I received a big 1099-C from three advertisers bases, and tossed it in the pile with my other 1099-C for my accountant. Deal with it. Also keep receipts for EVERYTHING you buy that is blogger-based (laptop, internet connection, web hosting, etc). Offset it.
10. Limited Liability Laws and Incorporating
That's semi-ridiculous -- if you do ANYTHING for money, incorporate as a S-corp. Don't do anything on your own, otherwise your tax incentives are lost. I've never been a W9 employee, because it reduces my ability to provide tax write-offs and deductions.
11. Spam Laws and Which Unsolicited Emails are Legal
Who uses e-mail anymore? RSS is what matters. Don't e-mail anyone, let them sub
Also helps to know the Robots Exclusion Standard, to keep the riff-raff out.
Always remember that Slashdot is an excellent source of legal advice!
Three Squirrels
Kind of like the universal laws of physics. Here are the laws every blogger should know:
1. Nobody wants to read your blog.
2. 95% of bloggers are illiterate.
3. Yes, the top blog spam garbage makes money (digg etc.) But do not quit your day job because, honey, you ain't gonna make no money. The days when "AllAdvantage" paid you to surf your computer are over.
If your panties are all wet for blogspam, then go read Roland's technology trends or digg.com