Now this may catch your Attention

By
Real Estate Technology with Carmody and Associates LLC

There is nothing like a big pot of money to bring out the lawyers. 

Recently the Huffington Post, a blogging environment not unlike Active Rain, was sold to AOL for 315 million dollars.  Now the uncompensated authors of the blog articles which make up much of the value of the Huffington Post archive are coming to Court demanding $105 million in damages. 

Read news article details from the ABA Journal <here>

A lead case from the US Supreme Court, New York Times v Tasini (2001) has established that copyright protections remain with the authors of individual articles and the subsequent placement of the articles in an electronic database (Lexis/Nexis) without permission of authors raised copyright issues.

Active Rain has always agreed that the ownership of individual blog articles remains with the authors.  So if, in the future, there were to be a sale of Active Rain, would there be questions of allocation of value and compensation for the member authors. 

I note that the lead plaintiff in the Huffington Post case is the same John Tasini that was the named plaintiff in the Supreme Court case in 2001.

This is just the beginning of the Huffington Post case.  I will try to keep my readers informed as the case moves through the Courts.

 

 

 

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Rainmaker
709,157
Petra Norris
Lakeland Real Estate Group, Inc. - Lakeland, FL
Realtor, Lakeland FL Homes for Sale

Ted - Interesting to say the least, although I think who ever has the best representation will win.  I do hope that the ownership of individual blog articles will remain with the authors and that hopefully be true with Active Rain as I suspect will be sold eventually :)

Please keep us updated!

Apr 27, 2011 01:37 AM #1
Rainmaker
429,100
Ted Baker
Carmody and Associates LLC - Winter Haven, FL
MidFloridaMediation.com

Nice to see you, Petra - thanks for stopping by.

I thought the news article and the case were interesting because there were some press comments at the time of the sale suggesting that Ariana Huffington was not sharing her payout with authors, employees or anybody.  (I do not know the truth of that - just the press reports)

Apr 27, 2011 01:48 AM #2
Rainmaker
565,518
Mike Saunders
Lanier Partners - Athens, GA

Ted - it is an intriguing question. It is true that we do own our own content here, however, I would estimate that very few actually try to protect it, or even have back-ups of it in the unlikely event that Active Rain ever goes away, or sells out to some group that wants to claim ownership of the content.

Apr 27, 2011 03:20 AM #3
Rainmaker
574,221
Karl Hess
Keller Williams Shore Properties - Barnegat, NJ
on The Jersey Shore

Hey, as far as I'm concerned, intellectual property remains in the possession of the individual who wrote it. But, don't we submit to certain limitations on that right to the distributor of our ideas, without whom those informative and/or inspiring missives would barely see the light of day?

Apr 27, 2011 04:34 AM #4
Rainmaker
830,347
Broker Nick
South Florida Real Estate & Development, Inc. - Coconut Creek, FL
Broker Nick Relocation Broker Service

 

 Congratulations - This post is now featured in Silent Majority of The Active Rain Network!

Apr 27, 2011 08:11 AM #5
Rainmaker
344,525
Yolanda Hoversten
Berkshire Hathaway HomeServices Elite Properties - O'Fallon, IL
Broker - O Fallon, IL Real Estate

Back when Move, owner of Realtor.com was interested in buying AR, the founders said then that the authors (we, members) own our content.  I have no doubt it's still true, but with Jon Washburn's recent departure, who knows?

Ted, it's worth watching what happens to this case.  I feel that the bloggers have a good case against HuffPo. 

Apr 27, 2011 03:51 PM #6
Ambassador
1,721,102
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Ted,

I was never following Huffington Post, just heard of it, and i did not have any idea that it could actually fetch such a price. that was a surprise

Apr 27, 2011 04:27 PM #7
Rainmaker
1,019,671
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F

Interesting story.  Good to hear that the courts say that they bloggers keep their own articles.  I always save my good articles into a Word document on my computer anway just in case an internet site vaporizes by some chance.

Apr 28, 2011 01:47 AM #8
Rainmaker
429,100
Ted Baker
Carmody and Associates LLC - Winter Haven, FL
MidFloridaMediation.com

Thanks to all for stopping by.  I will try to follow the results of the case and will report back.

 

Apr 28, 2011 03:47 PM #9
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Ted Baker

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