Unfounded legal threats and ignoring relevant law?
I wanted to save this until the morning and run it with the New Times article that will be coming out on the subject, but so many of you are commenting on it now, I thought I should post it.
According to legal experts, I am not in the wrong on the issue of the comment an anonymous person left about Commissioner Marc Sarnoff.
Ben Sheffner, a copyright, First Amendment and media/entertainment attorney with NBC Universal, claims that by law, a blogger is not responsible for what others post on his/her site. He says that Sarnoff and his attorney are "flat out wrong" to come after me, or anyone for that matter, just because they don't like what was written.
The whole story is here on the Copyrights & Campaigns blog.
Either way, I am glad I removed the comment, if someone is uncomfortable with a comment left about them by an Anonymous commenter, it seems only fair to remove the comment.
According to legal experts, I am not in the wrong on the issue of the comment an anonymous person left about Commissioner Marc Sarnoff.
Ben Sheffner, a copyright, First Amendment and media/entertainment attorney with NBC Universal, claims that by law, a blogger is not responsible for what others post on his/her site. He says that Sarnoff and his attorney are "flat out wrong" to come after me, or anyone for that matter, just because they don't like what was written.
The whole story is here on the Copyrights & Campaigns blog.
Either way, I am glad I removed the comment, if someone is uncomfortable with a comment left about them by an Anonymous commenter, it seems only fair to remove the comment.
posted by Tom Falco at 10:05 PM
YOU MAY NOT LIFT THE PHOTOS & TEXT. IT'S COPYRIGHTED INTELLECTUAL PROPERTY. YOU CAN HOWEVER SHARE A STORY ON SOCIAL MEDIA BY USING THE LINKS HERE.
For linking to this one story, just click on the time it was posted & just this story will open for sharing - only through social media. Not copying and pasting.
18 Comments:
Oh Boy. Sarnoff is going to be pissed. Watch out I think I see a 'hissy-fit' coming on! The weasel! Only a weasel would distort the law like he is doing. He should be disbarred and run out of town or at least off the Commission!
You're acting a little weak here, Grape. You were threatened. You were somewhat humiliated. And you did what you were told to do. Mr. Sarnoff got exactly what he wanted. By taking that comment off, you are showing how easily fold under the slightest pressure. You should put that comment back up, and don't let anyone tell you how to run your blog again....including me. lol. Seriously though, by not putting that comment back up, you're just making this guy even more untouchable. He knows that all he has to do is have his attorney write a little letter, and boom, you just do what he tells you to do. To each his own, I guess.
AMEN...uhhh buh-bye Sarnoff
How ironic that Sheffner works for NBC - isn't that the company his "grandfather" started?
http://blogs.miaminewtimes.com/riptide/2008/02/marc_sarnoff_lies_about_his_li.php
Did I really remove the comment? Or did I blast the comment even louder? Think. :)
Grape: When does the article come out in the New Times. Later and hang in there! You have more support than you know! Sarnoff shot himself in his little ass!
Anon@ 08:10 - Sarnoff was NOT the grandson of that Sarnoff. He lied about that TOO! The man has no character, but maybe they are related...the RCA Sarnoff was also a liar!
I didn't see the comment... so i have no idea what it said and would like to know. Also, you said, "Either way, I am glad I removed the comment, if someone is uncomfortable with a comment left about them by an Anonymous commenter, it seems only fair to remove the comment." What if the comment was NOT anonymous and the poster disclosed their full or partial name, would you have left it up? Would it have made a difference? Last time i checked, this was still America, and freedom of speech is still one of our rights... unless you are involved in corrupt politics?
Grape yes you did blast the comment. It is even showing up on 'Twitter' and 'Facebook'...Go Grape!
Yes Marie, I would have left the comment up if there was a name and link to email with it.
Marie:
I would add that Grape's right of free speech entitles him, as the owner of this blog, to decide what comments are appropriate for publication. If you want the unfettered ability to publish your own thoughts on the 'net, you'll find that it's easy to start your own blog. You might not have Grape's traffic for a while, but that doesn't mean that your First Amendment rights have been somehow repressed.
Swlip - I'm on Grapes side here; just trying to defend him. If i offended you... maybe you should get your scary lawyer to write him a letter to have it taken down.
Have another cup of coffee,
xoxo
Marie
Marie:
Sorry, I took your post as suggesting that Grape's decision to take down a comment violated free speech. I stand corrected.
More coffee? That's always good advice.
Sarnoff should read about the "Streisand effect" the internet can have and leave the Grapevine alone.
Mr. Logan:
What is the "Steisand Effect"?
Thanks
The Streisand effect is a primarily online phenomenon in which an attempt to censor or remove a piece of information that has the unintended consequence of causing the information to be publicized widely and to a greater extent than would have occurred.
Barbra Streisand unsuccessfully attempted to sue photographer Kenneth Adelman and Pictopia.com for an attempt to have the aerial photograph of her mansion removed from the publicly available collection of 12,000 California coastline photographs, citing privacy concerns.Adelman stated that he was photographing beachfront property to document coastal erosion as part of the California Coastal Records Project.As a result of the case, public knowledge of the picture increased substantially and it became popular on the Internet, with more than 420,000 people visiting the site over the next month.
Anonymous commenter, has the same freedom of speech right? Why remove any comment that doesnt violate that right? Isnt that sarnoff guy the one who said he was relative of a famous person? now thats an issue for attorneys.
From the day you are born there is always someone telling you what to do.
As an infant; stop crying. At the age of 1; come on get up and walk. At age 2; don't touch that. At the ages 3-4; stand right there and don't move ( you just learned to walk).... Ages 6-9; make sure you speak-up and participate in class. Ages 10-13; stop talking back (a few years back you had an opinion). At 14; NO you can not back the car out of the garage. At 16; here are the keys the car but be back by 10pm. At 18; you can go to prom but but don't come home pregnant. I am telling you it just gets worse....
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