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5 Legal Guides Every Blogger Should Read

August 5, 2011 by Jonathan Bailey

Image of Law Books

Image of Law BooksAs we’ve discussed previously on this site, being a blogger can be very risky legally. With a slew of potential legal issues including copyright, defamation, trademark, privacy and much more, there are many ways a well-meaning blogger can find themselves being sued.

To make matters worse, there’s a great deal of conflicting and confusing information on the Web and what good information there is, generally, is scattered across multiple pages and sites. This makes learning about the law difficult and means you can spend a great deal of time just trying to keep yourself out of court.

Fortunately, several bloggers and blogging-related organizations have worked hard to produce legal guides that give you a good breadth of information in a simple, single work that you can easily read or search through.

With that in mind, here are five of the best of those guides, what’s in them and how they can be useful in helping you protect yourself and your rights. [Read more…]

Filed Under: Guides Tagged With: blogging eff, copyright, creative commons, defamation, law, libel, Privacy, trademark

Why Where You Host Your Site Matters Legally

July 29, 2011 by Jonathan Bailey

One of the beautiful things about building your own site is that you can choose where you want to host it and what you want the domain to be. On that front, the Web provides nearly limitless choices with hosts in nearly every corner of the earth and hundreds of domain extensions. The room for opportunity and creativity is incredible.

However, where you host and where what you choose for your domain has a large bearing on your site and there are many factors that you need to consider.

Many of the factors are actually technical. Your server’s proximity to your visitors affects its speed and not all countries are as well connected as you would like for hosting a site. For example, you wouldn’t want to host a site aimed at an Asian audience somewhere in rural South America.

But on top of the technical considerations are legal ones. Whenever you sign up for a hosting account in another country, you’re doing more than moving your site there, you are, in many regards, subjecting yourself to the laws of that nation.

That can have some dire consequences for your site if you aren’t careful and, in extreme cases, can even result in your arrest and possible extradition.

In short, thinking about these issues is an important consideration when choosing a host, but one that few actually weigh. [Read more…]

Filed Under: Guides Tagged With: copyright, defamation, extradition, hosting, jurisdiction, libel

How Giving a Bad Review Can Bring You Legal Trouble

July 11, 2011 by Jonathan Bailey

Recently the world learned about the case of, Liu, a Taiwanese blogger who was arrested and given a 30-day suspended sentence for giving a restaurant a bad review.

Liu’s case has drawn so much attention because of how outrageous it seems. To be arrested and convicted criminally for giving a restaurant a bad review seems insane, especially in the U.S. and other nations that put a high value on free speech.

But while Liu’s case may be an extreme one, bad reviews are actually fraught with legal peril. To be clear, many of the legal problems that are associated with negative reviews also hold true for positive ones but companies and individuals tend to be far more angry and far more litigious about people saying bad things rather than good ones.

So, if you’re looking to write a negative review, here are a few things to watch out for as they could be levers that your target might use against you and your site in an attempt to silence you, justly or unjustly. [Read more…]

Filed Under: Guides Tagged With: bashing, copyright, defamation, Disclosure, libel, negative reviews, Reviews

5 False Legal Threats Bloggers Routinely Face

June 20, 2011 by Jonathan Bailey

Legally, blogging can be a very scary activity. Since few bloggers are acquainted with media law before setting up their first site, they are dealing with issues of trademark, copyright, libel, privacy, etc. when they have little understanding of the law itself.

This, often times, creates problems where a blogger oversteps a legal boundary and finds themselves either being sued or threatened with legal action. However, it also can create the reverse problem, one where the blogger is threatened with legal action when they haven’t done anything against the law.

To be clear, in the U.S., anyone can sue anyone for any reason at any time. If your sole purpose is to avoid a lawsuit, being within the law is, unfortunately, no protection. There’s always a chance you could have to spend the time and money to defend yourself in court.

However, if you have a more practical goal of not being hit with a lawsuit that has a chance of success, you still don’t want to give in needlessly to false legal threats. With that in mind, here are five of the more common false legal threats that bloggers face and why they carry no weight. [Read more…]

Filed Under: Guides Tagged With: Blogging, copyright, defamation, law, legal threats, libel, Privacy, trademark

Watch Out for the Law Trolls

May 20, 2011 by Jonathan Bailey

Troll Image

Troll ImageMost people online know what a “troll” is and pretty much everyone, regardless of whether or not they know the term, has encountered at least one in their travels on the Web.

Wikipedia describes a troll as, “Someone who posts inflammatory, extraneous, or off-topic messages in an online community, such as an online discussion forum, chat room, or blog, with the primary intent of provoking readers into an emotional response or of otherwise disrupting normal on-topic discussion.”

However, there is another type of “troll” working on the Web as we speak. Though this kind is much more rare, it is also much more dangerous. Where a traditional troll may disrupt a conversation or say hurtful things, legal trolls (or law trolls) sue/threaten people and, in doing so, attempt to ruin them financially, often over minor perceived violations or no violation at all.

But as few and far-between as these legal trolls are, they are growing and you need to be aware of them and how to avoid them, at least as much as possible. So, with that in mind, here’s your guide to the world of online legal trolls. [Read more…]

Filed Under: Guides Tagged With: copyright, defamation, libel, trademark, troll

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