The continuing Kottke KenJen saga
Tom Biro of The Media Drop writes: "The concern here is that a blogger could, even if s/he were *correctly/legally* doing something, be sued and lose the case, purely for financial reasons. Is this right?"
Xeni Jardin of boing-boing answers: "No. It most certainly isn't."
I believe it most certainly is. Especially those bloggers afraid to contact attorneys. For example, if a blogger was served a summons and complaint, but decided she couldn't afford a lawyer and just threw out the complaint. That blogger would have a default judgment filed against them and would technically "lose" the case, even if they were legally in the right.
If you're a blogger who has been contacted by a ginormous corporate entity over something you've posted on your site then feel free to drop an email to any one of the blawgers who have linked to your site. Chances are they can at least point you in the right direction if you don't know what you're doing. Or you can contact me and my team of law students who will discuss your situation on our blogs, provide a modicum of legal advice and then put a great big legal disclaimer at the end saying its not legal advice, no never and you're not my client so don't bother even trying to collect against my malpractice insurance when you screw up and don't follow my advice -- not that I offered you any.
Prior posts rounded up here and here.
Xeni Jardin of boing-boing answers: "No. It most certainly isn't."
I believe it most certainly is. Especially those bloggers afraid to contact attorneys. For example, if a blogger was served a summons and complaint, but decided she couldn't afford a lawyer and just threw out the complaint. That blogger would have a default judgment filed against them and would technically "lose" the case, even if they were legally in the right.
If you're a blogger who has been contacted by a ginormous corporate entity over something you've posted on your site then feel free to drop an email to any one of the blawgers who have linked to your site. Chances are they can at least point you in the right direction if you don't know what you're doing. Or you can contact me and my team of law students who will discuss your situation on our blogs, provide a modicum of legal advice and then put a great big legal disclaimer at the end saying its not legal advice, no never and you're not my client so don't bother even trying to collect against my malpractice insurance when you screw up and don't follow my advice -- not that I offered you any.
Prior posts rounded up here and here.
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