Due to our litigious society, anything you say, whether it is good or bad has the ability to come back to haunt you. Before Social Media websites become vogue, most people would obtain a written recommendation from a boss and/or ask a colleague or friend to act as a reference. To ensure that a potential hire was being honest about their background, a recruiter or potential employer might contact your former supervisor for verification of your employment.
On LinkedIn, Facebook, and other social media websites, a boss and/or colleague can easily recommend you or become a fan of yours and provide a recommendation for all users to view. In theory this sounds great because it has the potential to cut down on the costs of employment verification and due diligence. However, a problem may arise when an employee is terminated and the official reason provided is poor performance while the boss recently sang the employee's praises on a social media website. This type of conflicting information raises a red flag for labor lawyers.
Therefore, the best policy is to be reserved in your social media communications with your employees, supervisors, and/or colleagues. If an employee requests a recommendation an employer should feel free to act as personal reference since the employer has the ability to change their mind about the employee/former employee down the road. However, when acting as an online reference, the employer may not have full control over the reference after it has been posted and this lack of control has the potential to cause future potential problems.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Sunday, September 20, 2009
Saturday, September 19, 2009
U.S. DOJ is Against the Google Book Settlement
Not surprisingly, the U.S. Justice Department came out against the proposed Google Book settlement. DOJ advised the U.S. District Court for the Southern District of New York that it should not accept the class action settlement in The Authors Guild Inc. et al. v. Google Inc. DOJ encouraged the parties involved to continue discussions to craft a resolution that all parties affected would be willing to accept. I hope that that the U.S. Copyright Office's official position along with the U.S. Department of Justice's official position will encourage Google to make a good faith effort to resolve the outstanding issues in a manner that does not shortchange copyright holders and does not create a monopolistic system that harms consumers.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Sunday, September 13, 2009
Lawyers Must Be Mindful of Their Social Media Usage
There is an excellent New York Times article by the paper's National Legal Correspondent, John Schwartz, that discusses some examples where lawyers have been sanctioned for their Facebook posts, blogs, and tweets. Lawyers who utilize social media must realize that the Code of Professional Responsibility that every member of the Bar must follow in their every day interactions with prospective clients, clients, opposing counsel, judges, etc...is also in effect in cyberspace. Even though the First Amendment protects most speech, a person still can't falsely yell fire in a public area. Attorneys as officers of the court have additional responsibilities. The bottom line is that every lawyer should thoroughly read their prospective posts, blogs, or tweets before they are published in cyberspace. Before I publish a post, I ask myself:
1) Will my post add value to an area of discussion?
2) Does my post violate the Code of Professional Responsibility?
If my post can add value to a discussion and does not violate the Code of Professional Responsibility I publish my post. If my thoughts do not add value to an area of discussion or if I think they may violate the Code of Professional Responsibility I do not make the post. In general, I try to avoid personal attacks on others. I try to live by, blog by, tweet by, and post by this adage that my late Grandfather instilled upon me: "Better to keep your mouth closed and be thought a fool than to open it and remove all doubt."
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
1) Will my post add value to an area of discussion?
2) Does my post violate the Code of Professional Responsibility?
If my post can add value to a discussion and does not violate the Code of Professional Responsibility I publish my post. If my thoughts do not add value to an area of discussion or if I think they may violate the Code of Professional Responsibility I do not make the post. In general, I try to avoid personal attacks on others. I try to live by, blog by, tweet by, and post by this adage that my late Grandfather instilled upon me: "Better to keep your mouth closed and be thought a fool than to open it and remove all doubt."
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Friday, September 11, 2009
U.S. Register of Copyrights Attacks Google Book Settlement
The U.S. Register of Copyrights, Marybeth Peters agrees with most of my previously stated positions on the proposed Google Book Settlement. In particular, Ms. Peters stated in her testimony to Congress on September 10, 2009, "[i]n the view of the Copyright Office, the settlement proposed by the parties would encroach on responsibility for copyright policy that traditionally has been the domain of Congress...We are greatly concerned by the parties' end run around legislative process and prerogatives, an we submit that this Committee should be equally concerned. To read Ms. Peters entire statement click on the link above.
According the New York Times, [h]er ("Ms. Peters") opinion is important because it could be reflected in a brief expected from the Justice Department this month. The government has until September 18, 2009 to make a filing in the case so stay tuned.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
According the New York Times, [h]er ("Ms. Peters") opinion is important because it could be reflected in a brief expected from the Justice Department this month. The government has until September 18, 2009 to make a filing in the case so stay tuned.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Thursday, September 10, 2009
Proposed San Francisco Superior Court Social Media Policy May Be A Model For the U.S. Court System
San Francisco Superior Court has proposed a new rule scheduled to go into effect on January 1, 2010, that notifies prospective jurors on the cover sheet of the juror questionnaire that blogging, tweeting, or utilizing the Internet to obtain or share information about their case is prohibited. According to Ann Donlan, the Communications Director for San Francisco Superior Court, "the judges currently admonish jurors from the bench about discussing the case. This [rule] is not to prohibit the use of technology by jurors. This is a rule to (1) provide consistent instructions for jurors in those cases in which a questionnaire is being used and (2) to remind jurors, in writing, of the admonishment not to discuss the case with anyone."
In my opinion, this is a very practical and long overdue rule that I believe should be implemented in some form throughout the entire U.S. court system. The last time I was called for jury duty I noticed that several prospective jurors were utilizing their blackberries and there is no way to know if they were just reading their email or tweeting about their jury duty service.
I would like to thank Ms. Donlan for sending me a copy of the proposed draft rules and providing some insight about them.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
In my opinion, this is a very practical and long overdue rule that I believe should be implemented in some form throughout the entire U.S. court system. The last time I was called for jury duty I noticed that several prospective jurors were utilizing their blackberries and there is no way to know if they were just reading their email or tweeting about their jury duty service.
I would like to thank Ms. Donlan for sending me a copy of the proposed draft rules and providing some insight about them.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, September 9, 2009
Google Book Search Copyright Class Action Settlement
I have talked at length in previous posts about the proposed Google Book Search Copyright Class Action Settlement. In my opinion, the settlement is a raw deal for copyright holders and consumers due to many issues that I have discussed in some of my older posts. One of the most important sections of the settlement is the cash payment section that discusses how copyright holders are compensated for their work. Many rights holders will not be pleased with the details.
If you made a claim by the filing deadline and receive documentation from the lawsuit claims administrator you should read the documents thoroughly. If you disagree with your claim determination you may want to consider sending a rejection of the claim determination certified return receipt. If the company contacts you and states that there is nothing more they can do and asks you to send a letter or email stating that you now agree with their claim determination you may want to consider contacting an attorney to assist you with the claims process.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
If you made a claim by the filing deadline and receive documentation from the lawsuit claims administrator you should read the documents thoroughly. If you disagree with your claim determination you may want to consider sending a rejection of the claim determination certified return receipt. If the company contacts you and states that there is nothing more they can do and asks you to send a letter or email stating that you now agree with their claim determination you may want to consider contacting an attorney to assist you with the claims process.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Tuesday, September 1, 2009
Tweeting Can Be Hazardous to Your Game
Twitter is currently in the fad stage of American Society. It is trying to move into the mainstream to become as ubiquitous as email but only time will tell if this will happen. I have a Twitter account but I do not use it often because I do not think people want to know what I am doing all the time. I doubt my followers would be interested in knowing what type of diaper my son had this morning and whether I changed it.
As an attorney, most of the things that people would be interested in hearing me tweet about are priviledged attorney-client communications. Therefore, I rarely tweet since some of the things I could possibly say may provide a clue as to whom I am representing, the type of matter I am working on, or a possible strategy that I may be thinking about employing on a client matter.
The U.S. Open has joined the NFL and some Fortune 500 Companies in instituting a social media policy. The NFL announced yesterday that its players will be allowed to utilize social media during the season. However, NFL players, coaches, and football operations personnel will not be authorized to use social media 90 minutes before a game or during a game. The last time I checked the NFL's Collective Bargaining Agreement I didn't see anything directly relating to social media so until this issue is collectively bargained I think this policy strikes a good balance between employee and employer rights.
However, the United States Tennis Association's (USTA) Twitter policy appears ambiguous and difficult to enforce. The USTA's policy appears to try to control the actions of not just its members but also its member's "entourages." As anyone who has watched the funny HBO series Entourage, controlling a member of your entourage is not always as easy as you may believe. Therefore, the USTA's social media may sound like a great idea but for all practical purposes it is almost impossible to hold a player responsible for the tweets of another.
In order for both the NFL and USTA's social media policies to be successful they need to be:
1) Collectively bargained or negotiated between the parties so a mutually acceptable policy is crafted.
2) Clear and unambiguous so all parties know what is expected.
3) Enforced in a consistent manner so all parties know the consequences for non-compliance.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
As an attorney, most of the things that people would be interested in hearing me tweet about are priviledged attorney-client communications. Therefore, I rarely tweet since some of the things I could possibly say may provide a clue as to whom I am representing, the type of matter I am working on, or a possible strategy that I may be thinking about employing on a client matter.
The U.S. Open has joined the NFL and some Fortune 500 Companies in instituting a social media policy. The NFL announced yesterday that its players will be allowed to utilize social media during the season. However, NFL players, coaches, and football operations personnel will not be authorized to use social media 90 minutes before a game or during a game. The last time I checked the NFL's Collective Bargaining Agreement I didn't see anything directly relating to social media so until this issue is collectively bargained I think this policy strikes a good balance between employee and employer rights.
However, the United States Tennis Association's (USTA) Twitter policy appears ambiguous and difficult to enforce. The USTA's policy appears to try to control the actions of not just its members but also its member's "entourages." As anyone who has watched the funny HBO series Entourage, controlling a member of your entourage is not always as easy as you may believe. Therefore, the USTA's social media may sound like a great idea but for all practical purposes it is almost impossible to hold a player responsible for the tweets of another.
In order for both the NFL and USTA's social media policies to be successful they need to be:
1) Collectively bargained or negotiated between the parties so a mutually acceptable policy is crafted.
2) Clear and unambiguous so all parties know what is expected.
3) Enforced in a consistent manner so all parties know the consequences for non-compliance.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Friday, August 28, 2009
Facebook Improves Privacy Controls for Users
According to a Facebook press release, Facebook has agreed to increase its privacy control options in response to a request from the Office of the Privacy Commissioner of Canada. Any features that provide its users more control over the use and dissemination of their information is a great news for Facebook users.
Facebook users should limit the amount and type of personal information they provide in their Facebook profiles. Providing too much personal information on social media websites can be very dangerous. Does anybody rememberf the Sandra Bullock movie the The Net? Even though this movie portrays an extreme example of identity theft right before Internet usage became mainstream it is still demonstrates what a determined identity thief can do with the right knowledge and tools. No password or security feature is safe from a determined identity theif and I am sure that identity thieves target Facebook and other social media web sites all the time.
I am dissapointed that it took a Canadian government commission to "encourage" Facebook to act. As I have posted earlier, Facebook is sitting on what the "Mad Men" of Madison Avenue would call the "El Dorado" of marketing research. Facebook has freely obtained millions of bits of personal information that could be utilized by companies to reach a specific target audience. As my British friends would say, "brilliant."
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Facebook users should limit the amount and type of personal information they provide in their Facebook profiles. Providing too much personal information on social media websites can be very dangerous. Does anybody rememberf the Sandra Bullock movie the The Net? Even though this movie portrays an extreme example of identity theft right before Internet usage became mainstream it is still demonstrates what a determined identity thief can do with the right knowledge and tools. No password or security feature is safe from a determined identity theif and I am sure that identity thieves target Facebook and other social media web sites all the time.
I am dissapointed that it took a Canadian government commission to "encourage" Facebook to act. As I have posted earlier, Facebook is sitting on what the "Mad Men" of Madison Avenue would call the "El Dorado" of marketing research. Facebook has freely obtained millions of bits of personal information that could be utilized by companies to reach a specific target audience. As my British friends would say, "brilliant."
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Thursday, August 27, 2009
Social Media Users Better Pay Their Taxes
Great article in today's Wall Street Journal discussing how some states have turned to Facebook, Myspace, and other social media sites to track down tax delinquents. According to the article, some states have ethical boundaries regarding how they are able to utilize social media and the Internet. For example, in Nebraska, officials are allowed to search social media web sites and Google to track down people who owe back taxes but officials are not allowed to "friend" a target utilizing false information.
As social media increases in popularity, I predict there will be numerous court cases on how government officials can utilize social media in their criminal and civil investigations. I also predict that the government will prevail in most of these cases unless the government's actions are egregious.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
As social media increases in popularity, I predict there will be numerous court cases on how government officials can utilize social media in their criminal and civil investigations. I also predict that the government will prevail in most of these cases unless the government's actions are egregious.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, August 26, 2009
The Google Book Lawsuit: Continued
A new group called the Open Book Alliance has just created a web site that states the case that the Agreement between Google,the Authors Guild, and the Association of American publishers should be scuttled. Members of the Open Book Alliance include: Amazon, Microsoft, Yahoo, the American Society of Journalists and Authors, the Council of Literary Magazines and Presses, the Internet Archive, the New York Library Association, Small Press Distribution, and the Special Libraries Association.
As I stated in an earlier post, I am against the agreement in its present form because it appears to grant Google an unfair monopoly, it short changes some copyright holders, and it may enable Google to track the published works that a user views. While I applaud Google for taking the lead on this initiative, Google should not be handed a monopoly just because it started the project.
The bottom line is that the parties who favor the Agreement will reap financial benefits from it while the parties who are against the Agreement may be financially harmed or may not benefit from the Agreement. History has demonstrated that monopolies stifle innovation and hurt consumers. For example, when Network Solutions controlled all domain registration the cost to register a domain name was exorbitant . However, after other companies were allowed to become domain name registrars the cost to register a domain name drastically dropped and more people were able to participate in e-commerce.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
As I stated in an earlier post, I am against the agreement in its present form because it appears to grant Google an unfair monopoly, it short changes some copyright holders, and it may enable Google to track the published works that a user views. While I applaud Google for taking the lead on this initiative, Google should not be handed a monopoly just because it started the project.
The bottom line is that the parties who favor the Agreement will reap financial benefits from it while the parties who are against the Agreement may be financially harmed or may not benefit from the Agreement. History has demonstrated that monopolies stifle innovation and hurt consumers. For example, when Network Solutions controlled all domain registration the cost to register a domain name was exorbitant . However, after other companies were allowed to become domain name registrars the cost to register a domain name drastically dropped and more people were able to participate in e-commerce.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Monday, August 24, 2009
"Skanks in NYC" Blogger Planning to Sue Google For Following Judge's Order to Out Her
According to a CNN article, the "Skanks in NYC" Blogger who lost her lawsuit to keep her anonymity is planning on suing Google, the host of her blog, for not doing more to protect her privacy.
Some background for those who have not followed this story. An anonymous blogger made derogatory and possibly defamatory remarks against a model, Liskula Cohen. Ms. Cohen sued to compel the blogger's web hosting company, Google to release the personal information of the anonymous blogger. Ms. Cohen won her lawsuit and as ordered, Google provided the blogger's email address to Ms. Cohen. Ms. Cohen utilizing her gumshoe skills figured out the identify of the anonymous blogger. The media also found out the identity of the anonymous blogger.
Ms. Cohen received several days of positive press and during her media performances she was viewed not as a vindictive and helpless victim but as a person who is willing to forgive and forget and move on.
The anonymous blogger was vilified in the media and wants to blame Google for her self inflicted problems. As I said several days ago, if the anonymous blogger wanted to stay anonymous she should have covered her tracks better. Filing a frivolous lawsuit against Google only continues to demonstrate the blogger's vindicative nature and that she is looking for someone else to blame for her own actions. It is time for the anonymous blogger, Rosemary Port to cut her losses because the longer this story stays viral the more damage it does to her reputation.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Some background for those who have not followed this story. An anonymous blogger made derogatory and possibly defamatory remarks against a model, Liskula Cohen. Ms. Cohen sued to compel the blogger's web hosting company, Google to release the personal information of the anonymous blogger. Ms. Cohen won her lawsuit and as ordered, Google provided the blogger's email address to Ms. Cohen. Ms. Cohen utilizing her gumshoe skills figured out the identify of the anonymous blogger. The media also found out the identity of the anonymous blogger.
Ms. Cohen received several days of positive press and during her media performances she was viewed not as a vindictive and helpless victim but as a person who is willing to forgive and forget and move on.
The anonymous blogger was vilified in the media and wants to blame Google for her self inflicted problems. As I said several days ago, if the anonymous blogger wanted to stay anonymous she should have covered her tracks better. Filing a frivolous lawsuit against Google only continues to demonstrate the blogger's vindicative nature and that she is looking for someone else to blame for her own actions. It is time for the anonymous blogger, Rosemary Port to cut her losses because the longer this story stays viral the more damage it does to her reputation.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Saturday, August 22, 2009
Getting Fired For Blogging
The Wall Street Journal and CNN once again have reported on the legal ramifications of blogging and tweeting about your job. In particular, the CNN article discusses what is becoming an almost every day occurrence in the American workplace: an anonymous blogger is terminated after being outed or after he or she reveals his or her true identity under their own free will and accord.
In general, most employment situations in the United States are employment-at-will. This means that an employer or employee can terminate the employment relationship for any reason. Over the years, three main exceptions to this rule have been recognized:
1) A Public Policy Exception
2) An Implied Contract Exception
3) A Covenant Of Good Faith and Fair Dealing Exception
Some states recognize all three while other states may only recognize 1 or 2 of these exceptions. Every organization should have a social media policy. In the 1980's, creating a sexual harassment policy was all the rage. In the 1990's, creating an Internet usage policy became necessary. Now, all organizations that have employees should have a written social media policy. These policies should strike a fair balance between employee and employer rights. Unfortunately, until these types of policies become the norm and not the exception in the American workplace more employees will be terminated for their blogs, posts, and tweets.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
In general, most employment situations in the United States are employment-at-will. This means that an employer or employee can terminate the employment relationship for any reason. Over the years, three main exceptions to this rule have been recognized:
1) A Public Policy Exception
2) An Implied Contract Exception
3) A Covenant Of Good Faith and Fair Dealing Exception
Some states recognize all three while other states may only recognize 1 or 2 of these exceptions. Every organization should have a social media policy. In the 1980's, creating a sexual harassment policy was all the rage. In the 1990's, creating an Internet usage policy became necessary. Now, all organizations that have employees should have a written social media policy. These policies should strike a fair balance between employee and employer rights. Unfortunately, until these types of policies become the norm and not the exception in the American workplace more employees will be terminated for their blogs, posts, and tweets.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Friday, August 21, 2009
"Skanks in NYC" Blogger's Days of Anonymity Are Over
The "Skanks in NYC" blogger who recently lost a lawsuit to keep her identity private has now been outed. According to a NY Post article and the accompanying photo and video, the former anonymous blogger did not appear pleased that her identity has been revealed.
Some of my readers may question why I am even reading the NY Post. I have to admit that as a former New Yorker, one of my guilty pleasures was reading the NY Post instead of my Wall Street Journal while commuting to work. Old habits die hard so every now and then I still check out the NY Post online.
I mentioned in a previous post that this case or another similar one may go all the way to the Supreme Court. It appears my prediction may come to fruition. The article states that the former anonymous blogger "plans to pursue all her legal options against Google and could take the case all the way to the Supreme Court."
I can't see what kind of case the blogger would have against Google. Google complied with a valid court order to release the email address associated with the "Skanks in NYC" blog. If the "Skanks in NYC" blogger truly wanted to keep her identity secret she would have at least:
1) Signed up for her blog using an email address that she only accessed from public terminals
2) Never sent any emails from the email address associated with the blog, and
3) Only accessed her blog from public terminals
From listening to the Good Morning America segment about the case, it appears that the blogger at least broke rule number 2 and utilized the email address associated with the blog for other activities. There could be a legal argument that the blogger did not do enough to hide her identity. Therefore, regardless of the other legal issues involved it may be argued that the blogger was looking to be outed by her own actions or lack thereof.
In my opinion, I believe that most jurisdictions will pursue the line of thought that the court in this case did and it will order Internet Service Providers and Social Media Websites to turn over relevant information about those who are alleged to have defamed others. Internet anonymity is becoming more difficult these days and those who do not take the proper precautions are at risk for having their identities unmasked.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Some of my readers may question why I am even reading the NY Post. I have to admit that as a former New Yorker, one of my guilty pleasures was reading the NY Post instead of my Wall Street Journal while commuting to work. Old habits die hard so every now and then I still check out the NY Post online.
I mentioned in a previous post that this case or another similar one may go all the way to the Supreme Court. It appears my prediction may come to fruition. The article states that the former anonymous blogger "plans to pursue all her legal options against Google and could take the case all the way to the Supreme Court."
I can't see what kind of case the blogger would have against Google. Google complied with a valid court order to release the email address associated with the "Skanks in NYC" blog. If the "Skanks in NYC" blogger truly wanted to keep her identity secret she would have at least:
1) Signed up for her blog using an email address that she only accessed from public terminals
2) Never sent any emails from the email address associated with the blog, and
3) Only accessed her blog from public terminals
From listening to the Good Morning America segment about the case, it appears that the blogger at least broke rule number 2 and utilized the email address associated with the blog for other activities. There could be a legal argument that the blogger did not do enough to hide her identity. Therefore, regardless of the other legal issues involved it may be argued that the blogger was looking to be outed by her own actions or lack thereof.
In my opinion, I believe that most jurisdictions will pursue the line of thought that the court in this case did and it will order Internet Service Providers and Social Media Websites to turn over relevant information about those who are alleged to have defamed others. Internet anonymity is becoming more difficult these days and those who do not take the proper precautions are at risk for having their identities unmasked.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
The Google Book Lawsuit: Next Round
According to the New York Times and the Wall Street Journal, Yahoo, Microsoft, and Amazon are planning to join with several non-profit groups in their opposition to the agreement that Google has forged with the Authors Guild and the Association of American Publishers that would have settled the 2005 lawsuit regarding Google's plan to digitize millions of published works.
I think Google's plan to digitize millions of published works is brilliant (as the British would say). When operational, the project will allow any Internet user to access millions of previously hard to view published works. However, we all must remember that Google did not envision this project as a philanthropic venture. The project was meticulously planned and implemented as another revenue stream. I am glad that some of the other E-Commerce heavyweights are finally realizing that their participation in this discussion is vital to ensuring that Google does not obtain a monopoly as the gatekeeper to the published works they scan. Democracy and capitalism work best when there is healthy discussion and lots of competition.
I think Google's plan to digitize millions of published works is brilliant (as the British would say). When operational, the project will allow any Internet user to access millions of previously hard to view published works. However, we all must remember that Google did not envision this project as a philanthropic venture. The project was meticulously planned and implemented as another revenue stream. I am glad that some of the other E-Commerce heavyweights are finally realizing that their participation in this discussion is vital to ensuring that Google does not obtain a monopoly as the gatekeeper to the published works they scan. Democracy and capitalism work best when there is healthy discussion and lots of competition.
Thursday, August 20, 2009
Social Media Executor Will Become Standard In Estate Planning
Naming a Social Media Executor is an estate planning tool that will become standard practice in the future. A Durable Power Of Attorney generally handles ones financial matters when there is an incapacity or death. An Advance Health Directive and a Living Will focus on health care related decisions. Prolific authors may name a Literary Executor whose role is to protect a writer's literary legacy.
However, a Social Media Executor is a position that is slowly becoming another accepted estate planning tool. Some social media websites have posted policies on how to deal with a deceased member. Most social media websites and email providers will not provide user names and passwords to a deceased users' heirs without a court order. Therefore, it is important to create a Social Media Executor and provide the person with all of your user names and accounts.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
However, a Social Media Executor is a position that is slowly becoming another accepted estate planning tool. Some social media websites have posted policies on how to deal with a deceased member. Most social media websites and email providers will not provide user names and passwords to a deceased users' heirs without a court order. Therefore, it is important to create a Social Media Executor and provide the person with all of your user names and accounts.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
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