Blogs

Olympic Athletes May Be Allowed to Blog Again (with Conditions)

The Australian is reporting that the International Olympic Committee (IOC) will likely rescind its requirement that Olympic athletes refrain from blogging during the Olympics:

The IOC Press Commission, chaired by Australian Kevan Gosper, is set to recommend that the IOC's powerful executive board drop its opposition to athletes writing blogs during the Games when it meets in November. Competing athletes are specifically prevented from working as journalists during the Games and have so far been strictly denied rights to continue writing internet columns during the event. But Olympic sources said yesterday that the IOC was set to make the shift as it realised it had to recognise the dramatic expansion of the internet in the daily lives of athletes. The IOC is also keen to expand the appeal of the Olympics to the youth market.

This seems like a complete no-brainer. Who better to provide first-person perspectives on the Olympics than the athletes themselves. The fact that they can't currently write about their experiences is lamentable, but not surprising given the IOC's strict control of everything related to the Olympics.

Of course the IOC's change, assuming it is approved, wouldn't just open the blogging floodgates. According to The Australian, the head of the IOC Press Commission said athletes "would have to comply with some strict conditions on their blogging, including not benefiting financially and not criticising coaches or other athletes."

Not criticising coaches or other athletes?! I guess that is free speech IOC style.

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Bloggers Are Not Journalists, Illinois Juvenile Court Judge Declares

An Illinois juvenile court judge refused to allow blogger Elaine Hopkins from Peoriastory.com to observe and cover a July 25 juvenile court hearing in Peoria, IL. In excluding Hopkins from the courtroom, Judge Albert Purham, Jr. ruled that bloggers are not journalists under Illinois law. Hopkins, who covered her ouster on her website, reported:

Operating a "so-called blog" doesn't make the person a journalist, Purham said. Before the ruling he consulted the lawyers in the courtroom. A lawyer for the parent in this child welfare case had no objection, and her client, Lorraine Singleton who lost her children in 2003 and is trying to get them back, also had no objection. But assistant state's attorney Susan Lucas objected, as did an unidentified female lawyer apparently representing the Illinois Department of Children and Family Services. An explanation that Peoriastory.com has operated since February 2007, has business cards, and is run by Hopkins, a former newspaper reporter known to court personnel, did not sway the judge.

Unlike adult criminal proceedings, which are presumed to be open to the public, juvenile proceedings have traditionally been closed. See In re Gault, 387 U.S. 1, 25 (1967). Under Illinois' Juvenile Court Act, the general public, except for the "news media," are excluded from juvenile proceedings. The provision addressing access, 705 ILCS 405/1-5, states:

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Dangerous Legal Climate for Bloggers in Malaysia

To follow up on Dan Gillmor's post earlier today, disturbing reports (here, here, and here) are emerging about the legal climate for bloggers in Malaysia. Yesterday, police detained Raja Petra Kamarudin, a prominent political commentator and blogger. They interrogated him for eight hours about articles he has posted recently and about user comments to his postings. Kamarudin is the editor of one of Malaysia's most popular political websites, Malaysia Today, which draws approximately 340,000 visitors a day, according to Chow Kum Hor of the Straits Times. The police summoned Kamarudin to Dang Wangi district police headquarters in Kuala Lumpur, following a complaint by the ruling United Malays National Organization on Monday, claiming that Kamarudin had insulted the king and Islam on his website.

Upon his release from detention, Kamarudin wrote to his readers, emphasizing the government's interest in user comments and warning that "what you post in the comments section may get me sent to jail under the Sedition Act." According to Reporters Without Borders (RWB), Kamarudin faces a possible three-year prison sentence. Charles Ramendran of the Sun reports that Kamarudin's wife said that this is the second time her husband has been brought in for questioning over a posting on his website. The police questioned him last year over a posting about the sale of state titles, but did not formally charge him.

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Libel Insurance For Bloggers?

Eugene Volokh has reposted a very useful analysis of whether homeowner's insurance policies cover libel lawsuits, entitled Blogger -- You Might Have Already Had Libel Insurance. Volokh concludes -- in my opinion, correctly -- that homeowner's insurance policies, and possibly some renter's insurance policies, generally cover libel lawsuits. While these policies don't cover punitive damages (almost all policies exclude intentional or willful conduct), they do cover compensatory damages and attorney's fees.

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Japan Considering Extending Broadcast Law to Bloggers

Hanako Tokita of Global Voices reports that the Japanese Ministry of Internal Affairs and Communications is considering extending Japan's existing Broadcast Law to regulate bloggers and other website operators:
While nobody was watching, an interim report drafted by a study group under the Japanese Ministry of Internal Affairs and Communications has set down guidelines for regulation of the Internet in Japan which, according to one blogger, would extend as far as personal blogs and homepages. In the report, this Study group on the legal system for communications and broadcasting, headed by Professor Emeritus at Hitotsubashi University Horibe Masao, discusses the possibility of applying the exising Broadcast Law [Ja] to the sphere of the Internet to regulate, under government enforcement, what gets on the web. The report also suggests that public comments be sought on the issue [Ja], in response to which the ministry has opened a space on their webpage for the public to submit comments [Ja], available in the period between June 20th and July 20th.

Despite the obvious significance of the proposed regulation, neither media nor the majority of bloggers are aware of its existence. The most detailed coverage of the issue has been provided by
tokyodo-2005, a former journalist, now a lawyer and prolific blogger on media related issues, who has (at time of writing this) already posted seven entries on the topic. In these blog entries, he warns that this legislation would be applied not only to general websites but also to personal blogs and home pages. The report advises, he cites, that contents found illegal based on the significance of their activity ( would be outside the scope of protections on freedom of expression as specified in the Japanese Constitution; therefore, it is claimed, there would be no constitutional issue with regulating such content.

(Note: Global Voices, like the CMLP, is affiliated with the Berkman Center and Ethan Zuckerman, a founder of Global Voices, is on the board of advisors for the CMLP.)

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Embedded Video and Copyright Infringement

Citizen journalists commonly embed video clips to illustrate a story or other posting. Sometimes, the posting itself (and its dissemination on YouTube) is the story. Have you ever wondered whether embedding that video clip might lead to copyright woes? If so, apparently you're not alone. There's been a good deal of discussion relating to this issue on various blogs and websites recently. The discussion took a humorous turn this week when a Seventh Circuit Court of Appeals judge inserted a link in an opinion directing readers to a YouTube video about George Brett's famous "pine-tar incident," only to find that the link was removed from YouTube due to a notice of infringement by Major League Baseball. (For more details see Eric Goldman's blog.)

The Blog Herald recently ran a story suggesting that, indeed, bloggers could be held liable for embedding an infringing video on their sites. The story quoted an IP attorney to the effect that "[a]ny time you incorporate a copyrighted work into a site without the rightsholders' consent, you're potentially liable. . . It doesn't matter where it's hosted." The story further indicated (on the opinion of the same attorney) that it does not matter if the person doing the embedding is aware of the infringing nature of the work because innocent infringement is just as actionable as intentional infringement.

Fred von Lohmann's informative post on EFF's Deep Links makes some good points that go a along way toward lightening up this rather gloomy picture. The post points out that an embedded YouTube video is just a link. So, there is "no copy of the YouTube video being stored on your server (only the HTML code for the embed)." A post on Techdirt last week made a similar observation, noting that "[a]ll you've done is put a single line of HTML on your page."

As von Lohmann writes, this makes embedded video just like any other in-line image links found on the web, including Google Image's search functionality. This is significant because an important recent case from the Ninth Circuit Court of Appeals, Perfect 10 v. Google Inc., held that Google Image's in-line linking of copyrighted photographic images posted on third-party websites did not constitute direct copyright infringement of the plaintiff's display or distribution rights because no copies of the plaintiff's photographic images were stored on Google's computers. The court wrote:

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Canadian Blogger Sued for Libel by Brewery President

The president of Steelback Brewery, based in Ontario, Canada, filed a $2 million lawsuit against an Ottawa-based blogger that he claims libeled him on his sports website.  The Ottawa Citizen reports:

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Pediatrician Settles Case After His Anonymous Blogging Is Revealed

The Boston Globe reported today that a pediatrician settled a medical malpractice case in the middle of trial when opposing counsel revealed that she had discovered the doctor's anonymous blog in which he had provided "unvarnished" commentary on the lawyers, jurors, and defense strategy of his case.

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