Tech Law Advisor

an internet and ip law web-based newsfeed

June 9, 2004

On Blog Disclaimers

Robert Scoble, of Scobleizer and Microsoft on disclaimers: "When would I not listen to my bosses? If they told me to put a disclaimer on every post. That's not a blogging best practice, sorry Josh. Find another way."

He's referring to this josh ledgard post: "Some Microsofties are now including disclaimer text at the end of each posting in addition to linking to a disclaimer on the sidebar. A long internal thread went around where 'best practice' guidance was given from a member of the legal team that included inserting the disclaimer into every entry as well as in any comment we leave on other blogs."

Both courts and employers are making blogging more difficult for employees, especially when they are lawyers and more so if they are working for the government.

 

  • French Court: Lucent liable for employee site
  • Omnibus Bill: "I know that both my regular readers will be suicidal about this, but given a choice between continued employment and continued bloviating... well, it's not a choice."
  • blueblanketblog: Employer imposed restrictions on legal blog
  • Lawson: "Inadvertently saying something that can be used against you, your employer or a client is a risk of blogging, especially for lawyers."
  • The Curmudgeonly Clerk, Howard Bashman and stickbugblog weigh in on whether it's appropriate for a law clerk to a federal judge to have a Web log that discusses the law, the legal system, or the administration of justice?
  • Sun's thoughts on disclaimers: "Many bloggers put a disclaimer on their front page saying who they work for, but that they’re not speaking officially. This is good practice, but don’t count it to avoid trouble; it may not have much legal effect."
  • The Really Long Law Firm Website Legal Disclaimer
  • Loosely Coupled asks whether rss/atom feeds should contain a disclaimer field since so many readers only peruse the site in that manner: "if no one ever sees my disclaimer, am I actually disclaiming any liability?"

     

    I think adding this language to your disclaimer though may be helpful: "The views expressed herein are solely the author's and should not be attributed to his employer or their clients. This site is not maintained utilizing the author's employer's resources or on company time."

    josh ledgard whose post got us rolling here, discovers that lawyers blog and responds to my disclaimer language by saying that sometimes blogging is part of the job.

    • posted by Kevin at 7:40 PM