Corporations legally act against blogs

David Neff

In a growing trend, corporations that claim economic losses as a result of copyright infringement are pursuing bloggers and online journalists with legal action.

In the era of MySpace and YouTube – even Facebook – corporate watchdogs, in an attempt to protect their interests and trade secrets, closely scrutinize the published information.

Recently, Apple Inc. attempted to bully bloggers who published screenshots of Apple’s new iPhone user interface online, claiming the interface was copyrighted material.

The controversy was sparked by an Australian coder creating a graphical user interface that mimicked the iPhone’s but also worked on most smartphones, which run on the Palm and Microsoft Windows Mobile operating systems.

When journalists reported on the modification, Apple’s legal arm, O’Melveny & Myers LLP, issued letters demanding removal of all screenshots and links from news Web sites and blogs immediately, sparking outrage among tech industry watchers.

“If Apple wants to go after the guy that made the Windows Mobile skin that looks like the iPhone, fine. But to bully bloggers who are simply reporting on this is another matter,” said Michael Arrington, editor of the technology blog TechCrunch, in a recent post.

Janice Otting, sophomore in communication studies, has a blog she regularly updates on her MySpace profile.

“Blogging communities share all sorts of opinions and free thought,” she said. “If corporations are allowed to prosecute people because of ideas they don’t like, where does that leave our First Amendment rights?”

Since the creation of YouTube.com, bloggers now have the ability to easily publish video logs in large quantities.

Many of these people have gained an impressive reputation with their viewers, who watch their videos because they are interested in the creator’s opinions or because they simply enjoy the entertainment of somebody ranting about their daily lives.

Otting said some users are concerned voicing their opinion may get them in legal trouble if someone in power does not approve of the message.

“A blog by all rights is public,” Otting said. “But do they necessarily have a right to harass people who post information a corporation doesn’t approve of?”

On campus, a partial answer was offered.

“I would hate to speculate, but I think courts will be sympathetic toward corporations if they can prove economic damage,” said Jeffrey Blevins, assistant professor of journalism and communication.

Blevins said blogging is becoming the most participatory version of mass communication, but with that growth, blogging could pose a threat to corporations and news sources that are accustomed to being dominant sources of information.

“This is really a pure speech issue,” he said. “There is political maneuvering by big businesses threatening people with lawsuits to get them to back off. When people enter a legal battle with such a powerful entity, they have to really have everything lined up.

“If their case isn’t perfect, the corporation is going to look to demolish, destroy and obliterate not only you and your operation, but even your attorneys from the scene.”