A DISCUSSION OF LAW AND JOURNALISM

Tag: Twitter

Hey That’s My Line! Now Pay Me!

Samsung Apple Ad

By Will Bartholomew

Cut to: A scene outside an Apple Store. A long line waiting for the doors to open. The text on the screen flashes “Los Angeles, California.  Only 7 hours to go.”

Young guy in a grey sweatshirt: “I heard that you have to have an adapter to use the dock on the new one.”

Another young guy in a grey sweatshirt “Yeah, yeah, but they make the coolest adapters!”

Samsung’s latest ad campaign skewers the cult of Apple by featuring hipster-types uttering lines like these. The ads are caustic. They target, grab hold of, and shake for all it’s worth the perception that Apple devotees are snooty, entitled, and clueless about the inferior caliber of their beloved products. The message is like a heat-seeking missile homed-in on the most vulnerable chinks in Apple’s armor.

These ads didn’t spring from the minds of marketing gurus in gleaming Manhattan towers, though. As The Wall Street Journal reports, many of the lines are the brainchildren of regular folks — maybe sitting on their couches, in sweats — posting on Twitter.

I don’t know about you, but if I came up with a real witty zinger, and then saw it in an ad on TV, I’d want some credit.  And compensation. Would I get it?

Is what we post on social networks our intellectual property? When our social networking gems are used by marketers — or in TV shows, movies, books, or music —have they been stolen? Can we sue?  LASIS explains.

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New Politics: Fake Twitter Accounts

twitter-follow-me-post3

By Lauren Luptak

As politics in the upcoming presidential election heats up, politicians are creating new and inventive ways of campaigning – they are taking politics to the Internet. Innovation doesn’t come without pitfalls, however. Eric Fehrnstrom, a strategist for Mitt Romney’s presidential campaign, and Scott Brown’s 2012 Senate campaign in Massachusetts, was recently discovered to be the author of a nasty Twitter account, @CrazyKhazei, that poked fun at reporters covering Massachusetts politics and mocked a Democratic candidate in the Massachusetts Senate race, Alan Khazei.

The story broke in late August, posted first by the Blue Mass Group and then picked up by the Washington Post and the Boston Globe. Senator Brown immediately claimed that he was unaware of Mr. Fehrnstrom’s tweeting and ordered the Twitter account to be shut down (which it has been), but the damage was already done.

Mr. Fehrnstrom’s identity was uncovered when he accidentally tweeted an @CrazyKhazei tweet from his personal Twitter account, @EricFehrn. Many of the @CrazyKhazei tweets were distasteful and inappropriate. Although reporters came down hard on him, and one blogger even accused Mr. Fehrnstrom of cyberbullying, he seemed unapologetic and unruffled and in an email, sent August 24, 2011, to the Boston Globe wrote, “Sometimes we take our politics too seriously and this was my way of lightening things up,” followed by a blasé “if you can’t stand the tweet, get out of the kitchen.”

Although there has been expansive media coverage, no one has yet addressed the important legal question arising from this situation. What—if any—are the legal consequences for pretending to be someone else on Twitter?   (more…)

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Unlike Trix, Social Media Isn’t Just for Kids…

By Chris Cotter

Social media is the new black. As of September, Facebook boasted 88.3 million unique US users (a surprising 38% of whom are over 35). From February 2008 through February 2009, Twitter’s user base grew  a whopping 1382%. And if you’ve spent more than ten minutes on the web, you already know that there’s a blog for just about everything you can imagine. What’s funny is, we Americans would sooner give a kidney than our “sensitive” personal information. Yet, many of us freely post photos, videos and comments all over social media platforms, just as freely as we shake hands. Every day, millions of Americans delightedly navigate websites of great social and political import, blissfully unaware of the digital autobiography they are leaving behind. But while they may not be cognizant of the value of their interactions with the web, some very powerful people are, and as an attorney, you should be too.

DecisionQuest, Inc. provides a number of litigation support services to law firms, one of which is jury research. On November 17, one of DecisionQuest’s “social media experts,” Christine Martin came to speak at New York Law School about how social media research can help during the jury selection phase of litigation.

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