Developments and Trends in Blog Law State Bar of California, Business Law Section Ecommerce Subcommittee, Cyberspace Committee By K ristie Prinz The Prinz Law Office © 2009 The Prinz Law Office.1

Behind Legal Developments: Ongoing Tension of Blogosphere v Traditional Media Popularity and growth of blogosphere is challenging traditional media; anyone can now comment or report on the news –Recent example of Iranian protests good example of how social media reporting is replacing traditional media reporting Traditional media facing huge economic pressures; many newspapers going bankrupt © 2009 The Prinz Law Office.2

Behind Legal Developments: Blogosphere v. Traditional Media (cont’d) Some traditional media outlets are starting to recognize the need to embrace social media; launching own blogs, incorporating social media into traditional media reporting Others continue to resist popular trends; trying to gain upper hand by imposing rules/practices on blogosphere © 2009 The Prinz Law Office.3

Development #1: Associated Press Imposes Interpretation of Fair Use on Blogosphere A.P. set off controversy last year: –A.P. v. Drudge Retort –A.P. announces new license fee for quoting more than five words of an A.P. A.P. apparently plans to launch new technology to seek out A.P. quotes Are we headed toward battle over what constitutes fair use? © 2009 The Prinz Law Office.4

Development #2: FTC Proposes Guidelines to Regulate Blogging FTC Proposes New Guidelines for Blogging –Effort to regulate viral marketing –Concerned about undisclosed conflicts of interest in blogging –Good idea? Why target blogging? Enforceable? © 2009 The Prinz Law Office.5

Development #3: Anonymous Legal Blogger Unmasked by Ransom; Sued Cisco Corporate Counsel Rick Frankel was anonymous author of Patent Trolltracker Blog Wrote about legal cases in which Cisco had an interest; did not disclose conflict of interest Chicago patent attorney offered ransom to unmask Frankel; after approached, he was forced to unmask self Frankel and Cisco hit with defamation lawsuit © 2009 The Prinz Law Office.6

Trends in Blog Law Clear trend towards policing the blogosphere –Conflicts of Interest –Redefining fair use; copyright law Effort to legally impose traditional media rules on blogosphere? © 2009 The Prinz Law Office.7

CONTACT INFORMATION: Kristie D Prinz, Founder The Prinz Law Office P.O. Box 1594 Los Gatos, CA Phone: Fax: © 2009 The Prinz Law Office.8