Court rules blogger is not a journalist

Last week a federal judge ruled a blogger, Crystal Cox, was not a journalist and not subject to first amendment protections. I haven’t been following the case very closely, but was a little concerned about the precedent and the liability for people like me who blog.
Reading some of the articles on the case, though, I’m less worried. This isn’t a blogger making some statements. Instead, Ms. Cox acted more like a stalker and harasser than a reporter. The judge even concluded that had she been granted protection as a journalist it was unlikely she could prevail as there was little factual basis for her statements.
Others have done better summaries of the case and the effect and I encourage everyone to read them.
Seattle Weekly
New York Times
Ars Technica
Forbes

I also discourage folks from applying this ruling to all bloggers. It’s not clear she was doing anything journalistic. I did find it interesting that some of her techniques to ruin the lawyer’s search results were defined as Search Engine Optimization. I’ve long thought SEO was akin to spam: say something often enough in enough places and you start to dominate the conversation. Not because you have anything useful to say, but because no one can get an idea in otherwise.

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Attention is a limited resource

Marketing is all about grabbing attention. You can’t run a successful marketing program without first grabbing attention. But attention is a limited resource. There are only so many things a person can remember, focus on or interact with at any one time.
In many marketing channels there is an outside limit on the amount of attention a marketer can grab. There are only so many minutes available for marketing in a TV or radio hour and they cost real dollars. There’s only so much page space available for press. Billboards cost real money and you can’t just put a billboard up anywhere. With email marketing, there are no such costs and thus a recipient can be trivially and easily overwhelmed by marketers trying to grab their attention.
Whether its unsolicited email or just sending overly frequent solicited email, an overly full mailbox overwhelms the recipient. When this happens, they’ll start blocking mail, or hitting “this is spam” or just abandoning that email address. Faced with an overflowing inbox recipients may take drastic action in order to focus on the stuff that is really important to them.
This is a reality that many marketers don’t get. They think that they can assume that if a person purchases from their company that person wants communication from that company.

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End of quarter spam

There has been a plethora of big brand companies doing stupid stuff with marketing recently. I can only figure it’s end of quarter and everyone is looking to pump up their numbers as fast as possible.
I talked about Millenium hotels sending me with an utterly irrelevant ad earlier this week.
@Yahoomail direct message spammed all their twitter followers with an ad for something related to the new Yahoo mail product.
Anyone watching my twitter feed yesterday probably noticed me complaining about spam from Dell.
All of these things are just examples of sloppy marketing. In Dell’s case it’s even worse because they sent me multiple copies of the spam to different addresses. Two copies of the same “SHOP NOW!” email to different addresses, one of which has never been given to Dell.
Mail to the first address is unquestionably spam and I did send in a complaint to Dell’s ESP. That address is never used to sign up for anything. I did try clicking on the “update your subscription” link in the footer and Dell’s website helpfully told me that address was not on their mailing lists. Looks like Dell bought a list.
The second address is one that was involved with the purchase of software from Dell last July. This is the first non-transactional mail sent to that address. I can’t necessarily call the email spam as I did give it to Dell during the course of a transaction. However, Dell could have done a lot better in managing our “relationship” than they did.
Dell collected my email address as part of a transaction in July 2010. They did not start sending marketing mail to this address until May 2011. While Dell is a major brand and most people would recognize the name and may be a little less inclined to hit “this is spam” waiting 10 months between a purchase and regular mailings is a bad idea.  People who don’t use tagged addresses may forget they gave the sender an email address and automatically send in a spam complaint.
Sitting on an address for 10 months means Dell really should have done a welcome series, or even just a single welcome email, to ease the transition from no mail to regular mail. But, no, they just send me an email advertising their sales.
We’ve been Dell customers for quite a while, and all of our purchases have been enterprise grade hardware or software to run on those servers. We’ve never purchased anything remotely like office computers. But the sales flyer was for desktops, printers and monitors. Dell knows what I purchased from there, so why are they sending me ads for things I’ve never bought?
We have our own Dell sales rep, and my only involvement in the transaction is source of payment. Adding me to a product list really feels like spam.
Then there was the email itself.  The “update your subscription” link was broken and told me I wasn’t subscribed to their list. I mentioned it to Steve and he pointed out that particular link had been broken “forever.” How long has it been since anyone inside of Dell has checked that their footer links work?
What is Dell up to? Who knows. But they unarguably are sending mail to addresses that never opted in. And even if you consider an email giving during a purchase process their handling of that particular address was appalling and in violation of almost every good practice out there.
 

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Don't be Amelia

I have an adorable cat that I ‘taught’ that I would pet her if she tapped me on the arm or shoulder with her paw. It was cute for a while, but then she got more and more demanding. Eventually, she was clawing at my clothes and skin to get attention and petting.
It’s gotten to the point where I have to put a stop to it. She’s just getting too destructive to me and my clothing. So over the last two weeks I’ve been trying to only reward those touches that don’t involve claws and giving her a stern “NO CLAWS” when she does try to claw me.
As I was sitting here this afternoon, going through yet another round of NO CLAWS with her, I realized that my interactions with her were eerily similar to email marketing.
You see, Amelia started using her claws to get my attention because I didn’t always respond to her gentle taps. But claws hurt, and were a problem, so I would respond. This is exactly like marketers who don’t see a response to their email marketing campaigns and thus up the aggressiveness of those campaigns. More mail, more frequency, stronger offers, anything to get a response out of recipients.
Eventually, though, the recipient finally gets annoyed. The aggressive “taps” result in spam complaints. The sender has pushed the recipient from “it’s not so bad” to “make this sender stop bugging me.”
Email marketing is interruption marketing and there is only so much recipients will tolerate. And, trust me, few email marketers are as cute as my Amelia Cat.

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