10 April
2007

Twinkie badges from Web 2.0 world

Tim O’Reilly and Jeff Jarvis at odds over "code of conduct"

Hot boil over blogs given the Kathy Sierra fiasco.

Tim senses a branding opportunity that pisses off Jeff, who'd rather deal with the real world, warts and all.

So whats the deal here? Well, this has come up a lot recently, including at a Social Media Club event at a local TV station. The issue was around collaboration between professional media outlets and hyper-local web video that could share story assignments. Read more ...


Strange for me - don't usually get caught between such personalities, as I'm more of a financial geek than rabid opportunist.

Jeff's clearly right about Tim's motivation, and that given the ways blogs work now, its a dismal approach - but its one that sells with the press right now, who are angry about bloggers they perceive as killing newspapers that keep them alive.

ironically, Tim's not doing them any favors - but of course, "the enemy of my enemy is my friend". The press is stupid, both in enemy and in friend. Craigslist took the classifieds, and that was the real newspaper "killer".

This came up at Social Media Club's event, which lead with Craigslist killing the papers, so why not avoid this with local TV by forming a partnership between in community web video news/content providers where story assignment could return a product that both web and TV could vend.

In this case, standards of conduct make it possible to cross over a similar work product, while branding this conduct allows the growth of a category of local journalism of a common, dependable quantity. Unlike Tim's idea, the scope was intentionally narrow, simply to address a necessary business need so as to allow a potential partnership.

But as Jeff points out, by its existence, such a code of any sort can be used as a weapon, even if unintended.

So if the web is to retain its varied color and form, what do we do to span the gap between traditional media and web media? Can we just make for intentionally narrow branding and bull ahead, or do we end up unintentionally backing Tim 's view and bringing down the walls.

Don't doubt that Jeff Jarvis is right about control of the uncontrollable, which is why Tim's proposal is impossible. He's done a disservice in the appearance of doing a service, because by placing something unworkable on the agenda, other approaches lose out without examination.

Won't try to speak to this, because the issue is dead. But the "wild west" nature of the web, with its uncontrollable disruption kills also emerging business opportunities that help to sort out the economic relationship between traditional and web media - which can't be good for any.

But forcing incompetent standards to take advantage of a tragedy certainly won't go anywhere either.

Posted by william at 21:57 | Comments (0) | Trackbacks (0)
11 April
2007

Jurisdiction and the Information Superhighway, Continued

Gay couple's suit against Adoption.com

In allowing the lawsuit to go to trial, Judge Hamilton also dismissed the company's claim that California anti-bias policies did not apply because Adoption.com is based in Tempe, Ariz., where state laws don't bar discrimination on the basis of sexual orientation or marital status.

Back in 1995, did a legal paper Jurisdiction and the Information Superhighway, examining the scope of law on the Internet - guess what, its still not sorted out. Read more ...


Adoption.com attorney Glen Lavy said he was surprised by the judge indicating California law could decide "what an Arizona company publishes on its Web site that is based in Arizona, that someone from California cannot visit without asking for the information from an Arizona server."

The earliest example of this was porn from a California server viewed from Tennessee, where there were very different rules governing such content. What makes this an interesting case is that Adoption.com's lock on this niche market is being used as a way to pull it out of a narrowly defined jurisdiction, and pull it into the greater context addressing non discrimination.

The judge seems to say that you can't have it both ways - live in a restricted jurisdiction, but have a global business at the same time - as if the whole world works by Arizona rules.

With the "Amateur Action" case, the issue was that client jurisdiction couldn't restrict California content, since by use of the net one was intentionally "traveling to California" to obtain the materials, thus the Tennessee laws didn't apply. Here, Adoption.com expects that by its terms of use, you first agree to be bound by Arizona laws, and then can make use of the site. Any first-year law student knows that you can't bound jurisdiction by contract, anymore than you can define up to be down and have that be effective. This is confusing the contractual accepting of authority of dispute as Arizona courts, who might then need to decide which jurisdiction to be applied, with that of actual statue as well.

I think that Internet law is about to be redefined yet again. I've written before how these decisions were made in light of the technical inability to manage thousands of different jurisdictions back then. But now, given that firms like the New York Times have produced same content differently for jurisdictions, the courts may choose to force a more involved approach onto Web businesses than before.

Posted by william at 01:33 | Comments (0) | Trackbacks (0)