May 1, 2008

Online Critics, Beware

Here is an excellent Law.com article which warns the world about what they say to critize something written by others. I don't think I have ever seen someone get into the depth of the topic as this LAWYER does. So, do not forget his closing comment: "So, if you want to rate this article, post away -- we won't be waiting, until you get our complaint if we don't like what you say. "

5-1-2008 Global:

If you like this article, please rate it -- at any of the many sites that allow a reader to post comments and links. Also, please feel free to link to it, if you like anything in it. You can even quote this article in your own blog.

Just be careful about what you say. The author of this article is a lawyer, as, in fact, are the writers of just about everything else in this newsletter. Knowing what lawyers do when they get mad -- sue! -- just think about what could happen to you if we don't like what you post. Turning lawyers loose on their own account can be an invitation to spend lots of money in court over a casual posting.

EVERYONE'S A CRITIC?

But what could happen? With review sites, blogs and commentary appearing everywhere online -- and who knows if anyone other than these sites' creators read them -- let's examine the legal implications of online commentary, everything from writing a review of a book you love on Amazon.com, to registering a domain name and creating a Web site, such as www.myinternetprovidersucks.com (not a real Web site). In the words of the founder of one well-known (and sued) site, Ed Magedson of www.ripoffreport.com: "This is not the 20th century anymore, where businesses have the edge over the consumer. It's not 'buyer beware' anymore; it's 'seller beware' because consumers now have the power of the [I]nternet. We're all going to be blogged, good or bad. Get over it and try to respond. It's a sign of the times." (Quoted in the April 27, 2007, edition of The Newark Star-Ledger; not available online.)

Certainly, there are few barriers to posting comments, whether by a competitor, a disgruntled employee or a former customer. Online, it can often be done anonymously (and, as noted below, some ratings sites go out of their way to promote that anonymity). Since the earliest days of online content: "On the Internet, nobody knows you're a dog" has been the shorthand way of expressing not only the need for caution when receiving messages from an unknown sender, but also worries of a buyer or seller, individual or retail, over whether the other party and the advertised item -- or an entire inventory -- really exists. Some sites now even use people's desire to vent about businesses -- and the human curiosity that draws us to read these ventings of emotion and other statements -- as part of their business model.

..CLICK for the remainder of a long article.. the substance of which, if followed everywhere, may keep you out of court. by Stanley P. Jaskiewicz, a business lawyer, helps clients solve e-commerce, corporate, contract and technology law problems, and is a member of e-Commerce Law & Strategy's Board of Editors. Reach him at the Philadelphia law firm of Spector Gadon & Rosen P.C., at sjaskiewicz@lawsgr.com, or 215-241-8866. Jaskiewicz thanks his legal assistant, Frank Manzano, for help preparing this article.

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