Posts Tagged 'copyright'

Journalism in the information age

NBC News Washington
Image via Wikipedia

What is journalism in the information age?

An unpublicized, prototype smart phone is meticulously detailed
in a blog post unbeknownst to its creators.

The whole Apple vs. Gizmodo blogger Jason Chen is unfortunately helping to define a soft spot in the information age: what activities establish and define a blogger as or from a journalist?

Are Bloggers Journalists?

From the headlines, it is clear that legal statutes and opinion are unclear and un-unified on the subject.

In Defense of Journalist Bloggers
http://trueslant.com/kylebrady/2010/04/29/in-defense-of-journalist-bloggers/

“…as Old Media continues to collapse, those very same institutions and individuals that once panned the digital world are now scrambling to embrace it…”

“If this case goes to court, as it appears to be doing, the appropriate legal definition of journalism should be expanded to include individuals that work for online news organizations and those that participate in legitimate journalistic activities on a regular basis, with blogger status becoming finally irrelevant.”

Are Bloggers Journalists and Should They Get to Use Shield Laws?
http://www.blogher.com/are-bloggers-journalists-and-should-they-get-use-shield-laws

“Yet bloggers often act as journalists — journalists outside the mainstream media — and this ruling could muzzle ordinary citizens from using their voice to point out the foibles of companies without protection from lawsuits. At the same time, this ruling could also protect citizens and companies from having slanderous statements made about them on the Internet. It’s a ruling that cuts both ways.”

“At the heart of the case is the question of whether bloggers are journalists — and if so, should they be held to the same standards as well as receive the same protections.

Journalistics points out that the self-perception of bloggers as journalists has risen.

PRWeek and PRNewswire recently teamed up on a study that found 52% of bloggers consider themselves journalists. The last time they did this study, roughly a third of bloggers felt this way. Why do more bloggers consider themselves journalists these days?”

Reporters’ Privilege
http://www.eff.org/issues/bloggers/legal/journalists/privilege

“What makes a journalist a journalist is whether she is gathering news for dissemination to the public, not the method or medium she uses to publish. So the better way to frame the debate is: Can journalists blog?”

“As the California Supreme Court acknowledged, “The press’ function as a vital source of information is weakened whenever the ability of journalists to gather news is impaired. Compelling a reporter to disclose the identity of a source may significantly interfere with this news gathering ability; journalists frequently depend on informants to gather news, and confidentiality is often essential to establishing a relationship with an informant.” (Mitchell v. Superior Court)”

Are bloggers journalists? Do they deserve press protections?
http://www.csmonitor.com/2005/0202/p03s02-usju.html

“Unlike traditional news outlets, however, many blogs have no editors, no publishers and, often, a staff of only one. And while some are supported by advertisers and contributions, many bloggers make no money at all.”

“Ultimately, the issue comes down to whether bloggers act like traditional journalists, says University of Iowa law professor and First Amendment specialist Randall Bezanson. Simply expressing opinions to a tiny audience doesn’t count, he says.”

Md. shield law now includes protection for college student journalists
http://www.splc.org/newsflash.asp?id=2081&year=

The bill’s language extends protections to those “employed by the news media in any news gathering or news disseminating capacity,” or to anyone “enrolled as a student in an institution of postsecondary education and engaged in any news gathering or news disseminating capacity recognized by the institution as a scholastic activity or in conjunction with an activity sponsored funded, managed or supervised by school staff or faculty.”

The “news media” covered by the bill currently includes “newspapers, magazines, journals, press associations, news agencies, wire services, radio, television and any printed, photographic, mechanical, or electronic means of disseminating news and information to the public.”

Government Online
http://pewinternet.org/Reports/2010/Government-Online.aspx

“[S]ocial media and just-in-time applications have changed the way Americans get information about current events or health information”

– Aaron Smith, a Research Specialist at the Pew Research Center’s Internet & American Life Project and author of a report based on a new national phone survey.

Giz Your Own Adventure: Bloggers, Journalists, and Case Law
http://www.fastcompany.com/1628695/giz-your-own-adventure

“Yes, bloggers count as journalists. See the precedent of O’Grady v. Superior Court, a 2006 case in which bloggers were sued by Apple for revealing a confidential new product. The court ruled that bloggers do indeed qualify for protections offered all other journalists, both in California and federally.”

Times  Reporter Called to Grand Jury for C.I.A. Book
http://www.observer.com/2010/media/times-reporter-called-grand-jury-cia-book

“He [Times reporter and subpoenaed  author, James Risen] intends to honor his commitment of confidentiality to his source or sources,” Mr. Kurtzberg [Risen’s lawyer] said. “We intend to fight this subpoena.”

Troubling Precedent: NJ Court Says Bloggers Are Not Journalists
http://bigjournalism.com/jlakely/2010/04/29/troubling-precedent-nj-court-says-bloggers-are-not-journalists/

Sign of the Times

The Apple Gizmodo incident is one of many of today’s issues that demand we discuss and reconsider what use to be the most common assumptions:

What is news? What is a journalist?

Who makes news? Who reports news? What is a news source?

Are bloggers journalists?

Are bloggers and online content creators protected with the same rights and by the same laws that protect journalists in our offline world?

Visualization 2.0

It was more than 3 years ago – a light year in internet time – that I saw Michael Wesch‘s mind breaking video The Machine is Us/ing Us.

In summary, due to the internet’s malleable nature that genuinely promotes creativity, remix, and innovation, we will need to rethink: copyright, authorship, identity, ethics, governance, privacy, commerce, love, family, ourselves.

Apple Gizmodo only seems to have expedited our need to truly grapple with this question now.

Are you a Blogger Journalist or Citizen Journalist?

Learn about Reporter’s Priviledge in your State here.
Learn about the protections journalist have in Shield Laws here.
Learn more about Retraction statutes here.

    Related articles on journalism in the information age

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    The Pirate Bay Returns – Buccaneers or John Paul Jones?

    In the rapidly changing world, our information based societies are now faced with questions that demand greater public debate to set the standards as pertains to this developing internet medium and our actions and interactions thru it.

    John Paul Jones, American Naval Patriot
    From a widely dug post on Torrent Freak The Pirate Bay Returns With Guns Blazing, I learned that the notorious Pirate Bay was back online after Swedish authorities pulled their plugged Monday August 24th.

    Unlike Google or Wikipedia who have positioned themselves as the guardians of information on the interent, The Pirate Bay takes a bold and unique approach to standing their ground in their defense.

    The Pirate Bay is, was, now again “is” theworld’s largest BitTorrent tracking service.


    Pro-Privacy or Pro-Piracy

    Their story underlies the argument of whether file sharing is a legal activity protected by privacy laws or is it a matter of blatant piracy of other’s copyrighted material.

    A highly charged and largely followed story, the case for and against The Pirate Bay is not yet over.

    Although some internet voices call for TPB to go quietly into that good night, others see this as a battleground over the freedom of expresson and information.

    In The Lobby, a blog about European affairs, they write,

    “Ironically however, much of the technology that is being hailed as tools of freedom of expression and for allowing cheap global access to culture (for example the use of Twitter in Iran and Google books etc) is under attack by regulators. Wired magazine reports that President Obama’s top anti-trust official is gunning for Google, something The Lobby thought the EU could do in the future, Twitter is attracting attention from the US Federal Trade Commission, and over here in Europe we’ve already seen a lot of debate being generated over the pros and cons of the EU Telecoms Package.

    Freedom of expression, of cultural and information exchange?

    These questions demand greater public debate as we set the standards that pertain to this developing medium and our actions and interactions thru it.

    Follow The Pirate Bay story on Google News here.
    Read my previous post on The Priate Bay here and here.

    Amos White is an Social Media Marketing Evangelist and public speaker.
    Follow Amos on Twitter @Mos42 or his blog https://amoswhite3.wordpress.com.

    The Pirate Bay Adds User Deletion Interface

    The Pirate Bay logo www.thepriatebay.orgThe Pirate Bay adds “user deletion” to its bittorrent file sharing service.

    The Pirate Bay, the world’s largest BitTorrent tracker, announced today it is adding a user deletion interface.

    The user deletion feature comes in the wake the recent announcement of the potential sale and subsequent of death of The Pirate Bay by Global Gaming Factory X.

    Interface Add Meets User Privacy Concerns

    User concerns over privacy rights over their accounts forced The Pirate Bay to take the precautionary measure of adding the feature.

    Mounting Business Pressures Force Sale

    On their blog today, The Pirate Bay cited mounting operational costs to maintain and grow the file sharing service.

    “We need to keep the site going and this is the only working alternative. We cannot finance the growth of the site anymore and we cannot back down. The only way is up and this is the only route to that place.”

    Read More on The Priate Bay Blog: http://thepiratebay.org/blog/165

    Amos White is an Internet Marketing Evangelist and public speaker.
    Follow Amos on Twitter @Mos42 and on his blog https://amoswhite3.wordpress.com.

    No Retrial for The Pirate Bay. Plans to sue the Swedish Government. – The Next Web

    No Retrial for The Pirate Bay. Plans to sue the Swedish Government. – The Next Web.

    File sharing or copy right infringement?

    The world renown Priate Bay Four lost their legal appeal today for seeking a retrial in their copyright infringement case.

    In an offensive legal move, The Pirate Bay will now file charges against Sweden for violation for Human Rights.

    Read full article here.


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