YES PLeaSe: A Legal Guide To Periscope And Meerkat

meerkat-vs-periscopeFor the first time in several years we have some significant new entries to the social media application world in the form of Meerkat and Periscope.  Both of these applications allow users to quickly and easily provide Personal Live Streaming (PLS), meaning they can start shooting video and instantly sharing it on social media.  No shooting video and uploading to YouTube/Instagram/Vine, this is an ongoing live stream complete with user interaction.  In all likelihood this is a function that other platforms can provide as well, especially as our handheld technology continues to grow in processing power and our wireless bandwidth continues to grow.  But for now these are two significant players in an emerging space that come with some intriguing legal issues.

After experimenting with the two applications, including an hour-long live cast of my podcast (all about geek culture, if you’re interested you can check out the podcast on iTunes or our website) I put together this quick look at some of the high level legal concerns for brands and organizations who are thinking about getting involved with PLS.  Is it too much to say as brands develop a Go-To-Meerkat strategy?  It is?  Sorry.

Because I’m a lawyer there are, of course, three main risks to be concerned about.  And, oh, how convenient, they spell out YES so we can make a great blog post title.  Those three concerns are YouTube+/-Engagement, and Saved Streams.  Okay, I guess technically that would spell YESS but that sounds reptilian and I’m trying to avoid that easy lawyer joke.  So YES it is.

Because professional courtesy.

Because professional courtesy.

Also please know this is a highly dynamic area.  Meerkat was first to market but Twitter had already acquired Periscope and was preparing its own launch while Meerkat was getting tons of press at SXSW.  So Twitter cut off some important access to Meerkat (both apps use Twitter for crucial functions).  This kind of activity may continue for others that try to create a similar service on the backbone of an existing one, and we’re sure to see completely independent services start up that tout their protection from such antics.  But in a new field with this much attention we are bound to see significant moves in functionality and usage over the next several months, so stay tuned for additional posts on the subjects.

YouTube+/-

Personal Live Streaming is a video stream and so it carries most of the same legal concerns as any video content an organization would post on YouTube.  But the live component of PLS makes for some interesting additions and subtractions to your standard legal analysis of video content.

On the plus side, or additional analysis you should do, you will need to consider the environment in which the stream will be recorded.  Since these streams go out live you will not be able to review them for their content prior to publication.  That video your marketing team did with that catchy, unlicensed Top 40 hit?  Yeah, you can review that before it goes on YouTube so that Marvin Gaye’s estate doesn’t sue you for $7 million but you can’t review it before it streams.  So the environment and context of the video stream should be considered for any legal threats with the team putting the stream together–you won’t get a chance to fix it later.  Consider copyrights, trademarks, privacy concerns, licensing issues, and please at least briefly discuss defamation law with your on-screen talent/broadcaster.

On the minus side, or some mitigating factors that YouTube doesn’t traditionally have, these streams are not intended to be permanent.  Risky activity could be mitigated by the fact that the videos are generally only visible while they are being created (except see our third part, Saved Streams, below).  If someone on camera says “Top Hollywood Celebrity explicitly endorses Company Product!” during a live stream, hopefully the live and non-recorded nature of the film could mitigate any potential rights of publicity claims (or at least damages).  By the way, don’t invite that streambomber to your next livestreams.

Unless it's a dolphin.  Dolphins can photobomb or streambomb all they want.  It's the law.

Unless it’s a dolphin. Dolphins can photobomb or streambomb all they want. It’s the law.

Engagement

Both apps provide similar ways to engage with stream watchers.  Stream watchers can like a stream or send a comment to the broadcaster and those watching.  Both apps also have no moderation abilities at this point–so if someone starts spamming your video broadcast with explicit text or spam there is nothing you can do.

One crucial way in how the apps differ on engagement is the comments.  Meerkat comments are sent via Twitter–they are sent as Twitter replies to the original tweet announcing the Meerkat broadcast.  This can be both good and bad in terms of monitoring and recording the comments and in who can see the posted comments.  Periscope comments are limited to the video stream itself, also with its own benefits and drawbacks.  One consideration organizations should make when using PLS is whether they will have an individual conduct the streams or a small team.  The single user and video shooter can be very effective and personal, but it can also be difficult to engage an audience based on personal content (a speech, a demonstration, etc.).  Having one person operating the camera (well, phone/tablet camera) while another is being filmed will help to monitor video issues and comments, or you may even want to separate the duties between people to operate the camera and another to watch the comments.  There’s no right answer, it’s just something to think through.

Unless you have one of these.  Because now you have extra fingers to use and you are awesome.

Unless you have one of these. Because now you have extra fingers to use and you are awesome.

Saved Streams

PLS is mostly about current video but both apps have some replay abilities that may bring legal risks or make you consider which application your organization may conduct its own experiments.  Meerkat streams are public and they had to issue a quick fix recently to prevent anyone from hijacking another user’s stream.  That security issue aside, Meerkat faces another legal risk in terms of recorded sessions.  Meerkat gives broadcasters the option to save the video to their phone/tablet at the end of the session but there is already a service that will allow any user participating in a Meerkat stream to send out a single hashtag that will record the stream and then post it to YouTube.

The idea that some third party can record and post your stream even if you yourself do not feels quite risky depending on the content that is being sent out.  In many ways this is no different than a user sending a photo on Snapchat that will be deleted but the recipient uses their phone’s operating system to take a screen capture of the image.  But if your organization doesn’t use Snapchat to send out photos then that may not be an analysis you’ve done.  So it’s something to consider.

Pictured: extensive legal analysis.

Pictured: extensive legal analysis.

Periscope, on the other hand, does not currently have a way for third parties to easily record your stream and post it (although there could certainly be a way to record video sent to watcher’s phones/tablets/computers).  The app will, however, allow you to upload the video to Periscope’s servers and allow other users to watch or re-watch the stream for a period after it was filmed.  That at least gives the broadcaster some control over how long the video will live but is also something that should be considered.

 

It’s exciting to see a new function and communities spring up in the social universe.  We haven’t had a significant new step like this since Pinterest many years ago.  Whether this remains a thriving independent community or more of a feature that everyone will enable (like checking in from a few years ago) remains to be seen.

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Filed under Copyright, Personal Live Streaming, Pinterest, Privacy, Trademark, Twitter

4 Ways That Copyright Is Just Trying To Do Its Job And Doesn’t Control You

“Did Comcast just copyright my diaper? Does that mean I just filled it with derivative works?”

Copyright law has its flaws but it doesn’t control your life.  This despite a blog post that’s been making the rounds on social media.  I’m not going to link it because I’m trying to combat the fear-mongering–one more verified kill and I earn my Hysteria Killer badge!–but you may see it out there getting some shares.  I make it a rule that once four of my friends shares one of these blatantly wrong articles I need to blog about it.  Fourth one was shared this morning, so here we go.

First off, if you ever see a blog post saying that something is controlling you, be skeptical.  Especially if it is something you knew existed but didn’t give it a second thought until this tantalizing headline appears across your feed.  “This is trying to control me?” your freedom loving mind will think, “I DO NOT WANT TO BE CONTROLLED!  YOU DON’T KNOW ME ANONYMOUS ISSUE I DID NOT CARE ABOUT FIVE MINUTES AGO!”

Our latest culprit?  Copyright law.  It’s trying to control you and run your life and make you watch Gilmore Girls reruns.  And only that last thing is good.

As a skeptic, the number one thing to look for is the source.  In this case the article is coming just from one book–it’s essentially a book report.  Single source articles trying to present a comprehensive look at an issue should set off a mild alarm.  Single source articles trying to just tell you about that source–that’s fine.  Like a movie review or an interview with someone.  But when it’s trying to tackle something as big as copyright law, you should expect more.  Like, I dunno, two sources.  Or more.

If you have the time to search for the single source’s credentials you are typically going to find they are very different from what the article suggests.  Like in this case where the article suggests that the book’s author is just an innocent copyright researcher who has some thoughts on the issue.  Instead, the author is a proud proponent of killing a part of copyright law and seeks out every opportunity to advance his cause.  He’s about as impartial a jury member as the prosecutor.

So what is copyright law being accused of this time?  Only these four horrible things.

1. Copyright is all about locks.

This is coming from the guy who hates these locks.  Despises them.  Thinks they are worse than the Star Wars prequels.  The truth is far less evil.  Copyright law does care about locks around content, but it isn’t all about them.  Not even the majority of copyright law is about these locks–directly or indirectly.  Copyright law is about authors and trying to figure out a way to reward them for their creative efforts.  Efforts which are easily stolen.  It’s a difficult challenge in today’s age of incredibly simple copying and as we face new ways of consuming and creating content.  Copyright law does need to change, but to say it’s all about the locks is like saying your car is all about the seat belt.

2. Copyright law is privacy law.

This one is bizarre since it’s talking about US law, a country with the least amount of privacy laws in the western (and a good chunk of the rest) world.  The US is extremely corporate-friendly when it comes to privacy, especially when compared to Europe which is very consumer friendly.  In the European Union they have a documented and acknowledged fundamental human right to privacy.  In the United States the same government agency that oversees privacy also regulates those tags on your mattress that can’t be removed under penalty of law.

Suggesting copyright law is privacy law is a strange statement.  Stranger still is the support for this argument–that when Viacom sued Google they wanted to be able to look at private videos to see if they were infringing.  Yes, Viacom made an outrageous argument in an outrageous lawsuit that went on for years and where Viacom lost almost every step of the way.  Eventually they settled for no money, which is as close to saying “Whoops, my bad!” as a giant media conglomerate is going to come these days. Taking one bad argument from a really bad lawsuit and turning it into a scare tactic is pretty cheap.

3. Copyright law weakens security.

The argument here is that you use computers a lot and computers like to patch themselves without telling you and that’s really insecure because you don’t know what they’re doing.  That’s an interesting theory except that but for a handful of people in the world NOBODY KNOWS EVERYTHING YOUR COMPUTER CAN DO.  Seriously, even computer engineers at Microsoft working on Windows will know their own piece but ask them about another section of the operating system and they’ll shrug, admit they don’t know, and blame them for some bug that impacts their world.  That’s how computers have operated for decades yet–if you want to know every moving piece of how the machine works then get yourself an abacus, stop driving your car, and pitch your smartphone into a lake.  Modern technology builds on the work of more people than you’ve ever known–if that new functionality somehow translates to less security then you just have a crazy definition of security.

4. Copyright law is surveillance and censorship law.

Oh holy hell.  Copyright is considered surveillance because…Snowden?  Seriously, that’s as cohesive an argument they can make.  They toss in Edward Snowden’s name and suddenly it’s about surveillance.  Hey, know what?  Edward Snowden loves frozen yogurt.  Loves it.  So frozen yogurt must be about surveillance too.  Delicious, delicious surveillance.

The censorship take is about organizations abusing the process to issue take down threats.  This is a somewhat fair criticism.  The law does provide for organizations to request content to be removed from web sites and the web sites must comply in order to be shielded from really ugly lawsuits.  Some organizations may abuse this process to claim copyright for material that has no copyright protection, they just don’t like it.  Definitely abuse.  Clearly abuse.  Also not allowed under the law, but it may take a company some work to weed out those requests from the legitimate ones.  Copyright law is not about censorship just because someone is abusing it and for a while can get away with it.  Quite the opposite, in fact.

I am not saying copyright law is perfect.  It does need to change for new technologies, a new collaborative economy and creative environment that technology has created, and better limits between the public interest and corporate ownership.  But just as copyright law is not perfect neither is any other law.  It’s something that impacts us every day whether we realize it or not, from reading articles online to sharing links on Facebook to creating funny memes to watching shows on Netflix.  We live in an incredibly rich world of content and copyright is important.

But it doesn’t control your life and anyone who tells you otherwise is just trying to sell you something.

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Filed under CopyFUD, Copyright, Laws, Privacy

The Sky Is Not Falling: Your Guide To The New Facebook Terms

The internet has a mild explosion every time Facebook announces a change to its terms of service.  The shockwaves are just now creeping out with questionable articles and scary exposes bemoaning the upcoming changes and a slew of people posting those bogus copyright or privacy notices because they think those matter.  Bogus notices which I blogged about two years ago–a fun little post called You Owe Me $2 For Reading This Blog Post Title (And The Three Signs Of A Social Hoax)–but are still going around.

But what there hasn’t been too much of is an actual comparison of the differences with the old Facebook terms and the new ones.  Because that would be rational and probably not get many clicks.  All the current articles seem to take for granted that the current/old Facebook terms are fine–but change is SCARY!

So here, in the closest way I can be not rational and get lots of clicks, even though it doesn’t matter since I don’t put ads on this site  (wordpress may because I have the free service), is my fear-laden analysis of the actual section-by-section changes to the Facebook terms.  If you want to check yourself here’s a link to the old (or current) terms and the new terms that go into effect in January 2015.  Otherwise, just trust in me and BE AFRAID!!!

1. Privacy

Facebook doesn’t have a Privacy Policy–did you know that?  No, that isn’t a change with the new terms–they haven’t had one in years.  Instead they’ve had a Data Use Policy.  Which is actually a better name for what the policy covers anyway.  But now the policy will be called the Data Policy.  The word “Use” has been obliterated, it’s a whole new world of darkness and evil!

Oh, that’s the only change to the Privacy section.  Try to quell your horror and move on to section 2.

2. Sharing Your Content and Information

If that one change in the Privacy section didn’t terrify you then surely the two, yes TWO changes to the content sharing section will make you crawl under the bed and Instagram scary flashlight pictures all night.

Change 1: Data Use Policy is now Data Policy in the third item.

Change 2: the word “them” has been changed to “your feedback or suggestions” in the fifth item. Which is what “them” referred to anyway only now it’s clearer.

Steal your heart and move on to the next block.

3. Safety

The ninth item (“You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (‘promotion’) on Facebook.”) has been removed.  It’s like they don’t even want us to be safe anymore!  Or it’s like they moved it to another page and link it later.  Either way: EVIL!

4. Registration and Account Security

Registering is when Facebook first sinks its evil tentacles into your personal information and account security is how you keep your own account out of the hands of other people.  So it should surprise nobody that Facebook took this entire section and did nothing at all with it whatsoever.  My goodness, does their evilness know no boundaries?  They’re like a Sbarro restaurant to your lower intestine–pure, fast-moving evil!

5. Protecting Other People’s Rights

The old version mentioned how you couldn’t use Facebook trademarks except as provided in a Brand Use Guideline and it gave examples of what those trademarks were.  Now it doesn’t give examples of Facebook marks.  AT ALL.  Except it makes Trademarks a defined term and gives the examples near the bottom of the document.  THE BOTTOM.  Dracula himself couldn’t be scarier if he was in High School Musical 6: No More Mirrors!

6. Mobile and Other Devices

We all know how important mobile devices are to Facebook users and the company.  Knowing that, can you guess what they did with this section?  NOTHING!  It’s like the moment when the full moon comes out and the guy turns into a werewolf.  Except there’s no moon and no werewolf.  Run!

7. Payments

This section used to force you into the draconian and horrible Facebook payment terms–terms so horrific I dare only utter their name and make several hand-wards to keep the demons away.  The new terms say that you will still be subjected to them–unless other terms are listed and then those apply.  And those terms could be…better?  No, they will be worse!  They will demand your unborn baby and require you to listen to Justin Bieber music non-stop for months!  How dare those…other payment providers besides Facebook make other terms available to you when buying things!

8. Special Provisions Applicable to Developers/Operators of Applications and Websites

This section links to special provisions that were totally in the same document before–you didn’t even have to click last time but NOW YOU DO!  Oh, and they combined this with providers of social plug-ins as well, just to MAKE THINGS SIMPLER/EVILER FOR YOU!

9. About Advertisements and Other Commercial Content Served or Enhanced by Facebook

Oh yeah, here’s the beefy stuff.  Because we all know that Facebook wants all your data to sell to people so that you’ll buy Snuggies and knock-off Legos and flavor injection kits that totally DO NOT INJECT FLAVOR NO MATTER HOW MUCH TERIYAKI SAUCE YOU USE!  (ahem)

Hmm.  They didn’t change anything here.  Or maybe they did–IN INVISIBLE INK!!!  (insert evil laugh)

10. Special Provisions Applicable to Advertisers

Do you put ads on Facebook, you evil bastard?  Then you should know these terms have moved to their own document!  And that document is totally possessed by an evil doll who wants to steal half your socks.  Not all your socks, just one of each pair.  I hate those dolls.

Otherwise, no changes.

11. Special Provisions Applicable to Pages

No changes here…

12. Special Provisions Applicable to Software

No changes here…

13. Amendments

BAM!  Oh, just when you were lulled into a false sense of security, Facebook done Amendment changed you, son!  And do you know what they did?  Do you know what they did?  Why, they clarified when they may make changes to the terms but still said they’ll give you notice!  That’s like McRib evil right there.  They even took away the seven day requirement for posting changes to the terms meaning they could totally post term changes MORE THAN SEVEN DAYS AHEAD OF TIME!  Not like they’ll ever do that though.  I mean, it’s not like we’re analyzing term changes four weeks before they go into effect.

Wait, we are?  THAT’S HORRIFYING!  This is like the BuzzFeed list of 13 Kittens Who Are So Scaredy-Cat They Cannot Even Handle Right Now!

14. Termination

This is the section that says what part of the terms would still apply even if you don’t use Facebook anymore.  And they made LESS terms still apply.  If that isn’t the legal equivalent of the Alien chest burster, I don’t know what is…shudder.

15. Disputes

But what if you have a disagreement with Facebook?  This is where they totally take advantage of you, right?  You bet they do.  And they do that by changing a typo (it said “or” when they meant to say “of”) and they also changed three instances where the limitation only said HIS or HIM and changed it to HIS OR HER or HIM OR HER.  Wait, so these terms apply to women now too?  What is this, Facebook, the women’s suffrage movement of the 1910’s?  Because time travel is scary or something.

16. Special Provisions Applicable to Users Outside the United States

People outside the US don’t get to use Facebook anymore.  Oh wait, that was an early draft.  NO CHANGES?!?!  Why, the implications of this are staggering.  Has anyone told Kim Kardashian yet?  She may need to delete her Facebook page in protest!

17. Definitions

There are so many changes here I can’t even begin to list them.  Actually, there are four and they’re boring.  Kinda like the Blob.  Maybe a long time ago that was scary but now I’m just eating popcorn and waiting for The Fly to start.

18. Other

Obviously Facebook has saved the best for last.  Other is the giant catch-all, the monster cornucopia of platform terms and conditions that lets the giant corporation eat your toes and drain your bank account.  So it should come as no surprise that Facebook changed NOTHING  here.  Because that’s how evil they are: pure evil.  Like pure maple syrup if maple syrup was evil.  Which is crazy talk because maple syrup is pure goodness.

 

And…that’s it.  My goodness, I’m surprised we made it through all of that.  I believe the only rational response is to post a status update about the Burner convention and then delete our Facebook accounts.  Instead let’s go over to WhatsApp.  I hear the guys that run that app are super cool.

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Filed under Authentication, BuzzFeed, Celebrities, Commercial Activity, CopyFUD, Copyright, Europe, Facebook, Identity, Instagram, Laws, Privacy, Social Content, Social Platforms, Social Tracking, Terms and Conditions

My Awesome Announcement

I hate tooting my own horn but this is one of the proudest moments in my still short social media law career.  Please forgive the somewhat staged presentation but those who know me know that if I’m going to tell a story I need to make it interesting.

I was at the University of Texas Co-op’s law school location last week browsing the Nutshell books.  (Go with me, people.)  For those of you not in the legal profession, congrats on that by the way, know that the Nutshell series is put out by West Academic (one of the biggest names, if not the biggest name, in the legal publishing world) and is a fantastic resource for an overview of legal issues in a particular topic.  They aren’t casebooks–larger books with often edited cases to look at judicial rulings on certain areas.  Nutshells get right to the point and provide essential information on the overall legal topic.  I used more than one when I was in law school and as a practicing attorney.

But I noticed something was missing from the Nutshell section.  Can you spot it?

Can you spot what's missing?

Can you spot what’s missing?

That’s right, there’s no Social Media Law in a Nutshell.

Let’s fix that, shall we?

I’m proud to announce that I will be writing Social Media Law in a Nutshell for West Academic.  My co-author, Thaddeus Hoffmeister, is a professor of law at the University of Dayton School of Law and has previously published a book on social media in the courtroom.  His knowledge of social media litigation, evidence uses, and applicability in criminal cases will combine with my information on the marketing, content, employment and other social media uses to make this a comprehensive review of social media across all legal channels.

Doing this as a Nutshell book feels perfect right now.  There isn’t a wealth of case law on social media issues, but there are certainly cases out there.  In some areas the most fascinating legal issues are taking place outside of a courtroom so a Nutshell allows us to cover those topics in ways a casebook couldn’t.  Plus, when the movie rights get picked up we all agree that Hugh Jackman can play me.  He’s just a more talented and better looking version of me who can also sing and dance and has a better accent.  The resemblance is uncanny.

I’m not sure when the book will be released but it certainly won’t be until 2015 at the earliest.  Rest assured I’ll let you all know as the process unfolds.

Yesterday I published the 100th blog post here on SoMeLaw Thoughts.  When I look back at how much has changed in social media since I started writing about it, not just my own professional involvement, it’s staggering.  I feel incredibly lucky to take this journey and contribute to the field as well as participate in a line of books that I personally value.  To join the ranks of the Nutshell books blows my mind.

Thanks to all of my readers and friends on social media who have pushed/pulled/heckled me along the way.  An even bigger thanks to my family for putting up with my little side projects.

Now, if you’ll excuse me, I’ve got some writing to do.

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13 Quick Thoughts About The iPhone 6 Plus

You wouldn't like the iPhone 6 Plus when it gets angry.

You wouldn’t like the iPhone 6 Plus when it gets angry.

Because social media and mobile technology are so well connected and because I didn’t want to post a long thing on Facebook, here are some quick thoughts from my own use of my new iPhone 6 Plus.  Most of these are answers to questions I’ve been asked.  If you have some questions, fire away.

  1. Yes, it’s big.  When you put it next to an older model iPhone it seems gigantic. Shockingly, once you start using it away from your old phone it does seem a bit bigger but not much.  I believe a similar technique will be used to shrink Paul Rudd in the Ant-Man movie.
  2. Yes, it fits in my pocket.  Both my jeans pocket (but I don’t wear skinny jeans because a-I’m not skinny and b-ew) and my shirt pocket.  When it sits in my shirt pocket the top bit including the camera does stick out so it might concern people that I’m filming them as I walk by.  Which I’m not.  Probably.
  3. I have no idea if it fits in a suit jacket pocket.  What’s a suit jacket?  I live in Austin and I’m in-house counsel.  That means I’m forbidden by two sets of laws to wear a suit.  Same with this sports coat people mention.
  4. Yes, I can use it one handed.  And that’s without doing the double tap to bring the top stuff down to the bottom, although that helps too.  I don’t know if it’s because I have large hands (I never thought I did) or if it’s because I grew up playing arcade games in the 80s (which required you to dislocate three fingers to play Defender for more than 3 levels–and don’t get me started on my finger speed thanks to Track & Field).  Either way, I can use it just fine with one hand.  A bit slower than the iPhone 5 but that could be the size or just getting used to it.
  5. Set up was super easy.  Maybe it’s because I’m used to switching Apple phones, but the old back-up with encryption (to keep your passwords) and restore from backup worked flawlessly.  I did have a slight hiccup getting the phone to active (you have to call an 866 number for AT&T) and then there was a weird iMessage bug (solved by turning iMessage off and back on, IT Crowd for the win!).
  6. It’s actually faster to use with two hands.  I didn’t think about this but maybe it does show my hands are that big.  I was never able to use my previous iPhones with two hands.  My hands just got in the way–at least to make it any faster than using it one handed.  But now there is plenty of room to navigate so I can move faster with two hands typing.  That’s pretty neat.
  7. The predictive keyboard is very cool.  Having a few options available is nice and it seems to make that damn autocorrect less intrusive.  I hope this doesn’t mean Damn You Autocorrect is going away because those are the best.  My favorite feature–if someone sends you a message with two options (e.g., “This or that?”) then without typing a character the predictive keyboard will give you the choice of “This” or “That.”  Nice touch.
  8. Jitterbug mode sucks, will hopefully improve over time.  You know Jitterbug, the smart phone for “aging Americans?”   Using an iPhone app that hasn’t been redesigned for the 6 Plus’ screen feels a bit like using an app on Jitterbug.  Suddenly everything is blown up to silly levels as iOS scales the apps to fill the space rather than give a big black border like the first iPads did.  My Good For Enterprise app still shows 3.5 emails on the Inbox view only now each one is massive.  Compare that to the native Mail app that shows 6.5 in highly legible type.  I know it’s just a matter of time before the main apps I use update (Good, Facebook, Twitter, etc.) but that can’t come fast enough.
  9. The battery rocks.  This may be a combination of leaving autobrightness on (which works much better than it did with my 5–I constantly had it on brightest mode for most of the day) but I noticed it yesterday when I cranked the brightness as well (before realizing I didn’t need to).  Right now my battery is sitting at 75%.  I’ve had typical usage of it today, perhaps a bit less than others.  But on most days my iPhone 5 would be at 20%-30% by the end of lunch.  75% is amazing.
  10. I still haven’t played with the camera.  I look forward to having fun with slow motion and burst photos and all that, but I’m not a good photographer and I take pictures when needed.  Like if there’s a funny sign.
  11. Native HD screen rocks!  The biggest draw for the Plus over the basic 6 was, for me, the native HD screen.  This screen has all the pixels of a 1080p video stream.  Every other phone has to squeeze it down a bit.  Every other iPad with more pixels is just stretching the image out.  This is fantastic for someone like me who only uses my iPad to watch movies and read comics.  Now I don’t need that for movies (and I’m hoping Comixology gives us full page view on the 6 Plus soon).  I watched some Netflix on it last night and that was awesome.  Holding a 5.5″ screen a foot away from my eyes seems larger than my living room TV which is 57″ but ten feet away.
  12. I’m hopeful this is my iPad replacement.  I don’t like travelling with two devices or having some games/apps on my iPad while my essential stuff is on my iPhone.  My goal is for this device to replace my old phone (check) and my iPad (let’s see, but so far so good).
  13. There is no item 13.  But congrats on making it to the end.

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Filed under Apple, Email, Facebook, Technology, Twitter

Eight Social Media Rules For Kids

“Mommy? I need more Candy Crush lives!”

Coming up with rules for kids on social media is hard.  First, coming up with any set of rules for kids is hard as any parent can attest.  But when you’re talking about a complicated subject like social media it can be even trickier.  There are very real risks of kids not realizing what’s appropriate or not on social media or not realizing who can see their content.  There are also scary but not true stories about predators seeking kids on social media or other online boogeymen that even if we rationally don’t believe we also don’t want to be the one parent whose child actually faced the monster.

Even though I work in the social media space I hadn’t given the topic of social media rules for kids much thought until a co-worker (hat tip to Gretchen) asked me about it this week.  My boys are too young for any social media platforms and still young enough that their friends aren’t pressuring them to join.  But I know that will change and it will change faster than I want it too.  And while it may be a simple rule to say “No social media until you’re [AGE]!” I also know that social media is as much a part of young culture as it is adult culture.  Banning something isn’t as effective as teaching them the right way to do it.

But for young kids first experiencing social media it’s a huge topic to cover.  In some ways I compare it to driving a car–it’s a tool that everyone uses and it’s important to learn how to use it properly because bad things can happen if you mess around.  But in other ways this is a bad comparison–when a teenager learns to drive they’ve been sitting in a car as a passenger for many, many years.  Children first going online typically haven’t been a backseat passenger to their parents’ online activities so we have to teach them the rules of a road they’ve never been on.

This topic prompted me to post some initial rules for kids on social media which I invited comments on and then revised.  I share them here because it was a good conversation but let me make a few important call-outs.

  • As with any set of rules for kids, these are completely customizable for your family and your children.  I am not saying this is the right way to do it, this is just one way to start thinking about it.
  • The rules are written a bit strongly but that’s because social media is similar to a car that weighs several tons–use it correctly and you’re good.  One bad accident can have serious consequences.  I’m not trying to scare people, I’ve just worked long enough in the space to know better.  I imagine ambulance drivers and emergency room workers have similar conversations with their kids about driving motorcycles.
  • These are basic rules that I want to apply to all platforms but also to trigger a series of conversations about how to use social media.  That’s the basis of rule five. Nobody should think you can give these rules to a child and then they know what to do–this is the foundation for you to teach them about posting appropriate content, providing appropriate responses, and engaging with people they do or do not know in real life.  This is the start of the conversation, not the end or the totality.

That said, here are the Eight Rules.  If you have additions, please leave me a comment below.

  1. This is not your account, this is my account with your name on it.
  2. I will set the password and you will not change it. If the platform requires you to change it then you will come to me and I will change it for you.
  3. I will be monitoring your account. Don’t post or say anything that you don’t want me to see because I will see it. If you’d like something more private I’m happy to buy you a diary and a pen.
  4. When I say I will be monitoring your account I mean that I will be actively watching your account and so will many other people. All of these people, like me, have your best interest in mind when we stop you from doing unwise things.
  5. I understand you’ll be learning how to use social media and that the learning process is a journey so I will be patient and explain the things you should and shouldn’t do. You, in turn, need to understand that there are risks and concerns you can’t comprehend right now so while some of my advice may seem odd you will still need to follow it.
  6. If you ever have a question about posting something, ask me first. Social media is about conversations but it is also very different from the actual conversations you’ve had with family and friends. It takes time to learn but it’s better to ask first than regret later.
  7. I will warn you once before I remove your access to the account. Unless you do something really awful in which case you won’t get a warning. Trying to circumvent these rules (making another account, deleting accounts, etc.) is automatically awful.
  8. If you think these rules are strict just wait until we talk about driving when you’re 16.

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Filed under Cyberbullying, Kids, Privacy, Social Content, Social Media Risks, Social Platforms

Iceholes: How The ALSA May Win The Battle But Lose The War

You know what we do to bad ice on a pedestal?

The biggest surprise hit of the summer is not Guardians of the Galaxy but rather the megaviral smash Ice Bucket Challenge benefiting the ALS Association. Rather than be thankful for this windfall the ALSA has recently decided that they should own this challenge and prevent any other cause or organization from using it. What do you think they are, a charity?

Oh yeah, they are.  Then maybe they should start acting like it and not a bunch of selfish iceholes.

First, some background. The ALSA did not create the ice bucket challenge. The gimmick has been around for a long time. In fact, when this latest round started over the summer it began as a challenge to dump a bucket of ice water on your head or donate $100 to a charity of your choice.  It was only when the challenge first passed to professional golfer Chris Kennedy that the donation was flagged for the ALSA and the individuals he tagged kept the charity when they made their videos.  Later, there was a significant wave of ice bucket activity in Boston due to native ALS sufferer Pete Frates and concerted actions by the Red Sox organization.  Facebook’s data team’s analysis shows that Boston does appear to be the epicenter of the challenge going truly viral.

Nobody is exactly sure why the challenge has reached its current level of popularity, but that’s true for most viral hits in the social media age.  Sure, the videos are funny. And having one person tag several others to participate makes for an exponential reach. And having the challenge somehow associated with charity so we all think we can have fun while helping out a worthy cause makes it seem nice too. There are even a scattering of super serious videos in the mix depicting a bit of what the disease means to its victims and their families. We can identify all the elements but we still don’t know what made this challenge go viral like it did.  Heck, even I did one.  Although I’m not linking it after the reasons behind this post.

That doesn’t really matter though. It doesn’t matter that we can’t explain why it went viral; it went viral. It doesn’t matter that perhaps the amount of money we give to charities is out of proportion to the impact of the disease as IFLScience linked in a Vox article infographic; there is no doubt this is a horrific disease and increased attention to it is a good thing. It doesn’t matter that ALSA only spends a small percentage of its budget on research; it performs several other valuable services and all charities have to spend a lot of money to ultimately make more money in the end.

Here’s what does matter: the ALSA was given the greatest gift of their life in terms of this ice bucket challenge.  Donations are through the roof.  Yesterday they reported making over $94.3 million in donations in just the last month.  Last year, in the same time period, they received around $2.7 million.  Rather than just say thanks or give the tearful Sally Field “You like me, you really like me!” Oscar acceptance speech they decided to go another direction. They decided to take that warm fuzzy feeling we’ve had from watching or making these videos and donating to a worthy cause and pour a giant bucket of ice water on our flames of altruism.

As first reported on the Erik M Pelton & Associates blog, the ALSA filed an application with the US Patent and Trademark Office to be granted a trademark for the term ICE BUCKET CHALLENGE as used for any charitable fundraising.  They also filed an application for ALS ICE BUCKET CHALLENGE but it’s the main application that should make people furious.  Heck, it made me enough to write a blog post on a Thursday night and I never do that.

Filing a trademark for the term “Ice Bucket Challenge” would allow them to prevent any other charity from promoting a campaign that the ALSA had fall into their lap.  The ALSA did not create this concept.  They did not market this campaign until it already went viral.  They have no responsibility whatsoever for this going viral.  If the ice bucket challenge had found a connection to the American Heart Association or the American Cancer Society then it could have gone just as viral.

What on earth could make the ALSA think they should have any right whatsoever to prevent someone else from using this challenge?

I can’t think of a good reason.  I can think of reasons, mind you.  They just aren’t good.  Fortune was able to get a statement from ALSA spokesperson Carrie Munk:

The ALS Association took steps to trademark Ice Bucket Challenge after securing the blessings of the families who initiated the challenge this summer. We did this as a good faith effort after hearing that for-profit businesses were creating confusion by marketing ALS products in order to capitalize on this grassroots charitable effort.

Sorry, ALSA, but that excuse doesn’t hold water.

First, obtaining the blessings of the families who created this challenge is nonsense.  Even if you got permission from everyone who ever did an ice bucket challenge–SO WHAT?  This was a charity drive.  You think the first charity to earn a million dollars from a bake sale should get to stop all other bake sales?  Because that’s what filing a trademark on the challenge is an attempt to do–you’re trying to stop any other charity from using the term for fundraising.

Second, you heard some shady companies were making money off the Ice Bucket Challenge?  Wow, that must be weird.  To think there are these companies just sitting around making money off something they didn’t create.  JUST LIKE YOU.  Who cares if someone makes an Ice Bucket Challenge shirt and sells it?  If it says ALSA on it or has your logo you can already go after them without this new trademark application.

The ALSA’s actions are atrocious and reprehensible.  They may have raised a ton of money this summer but it could all backfire over a move like this.

But here, ALSA, I’m going to be nicer than you appear to be.  Here’s a way for you to cover your cold, soaked behinds and spin this in a favorable way.  What you should have done is post on your website the day you filed the application, saying that you are only doing so to protect all charities from shady profiteers but that all charities would be free to use the mark forever for no charge if you received the trademark.  The fact that you didn’t tell anyone about the application and only commented when it was called out on social media (by the way, you’ve heard about this social media thing and how a lot of people use it, right?) you can just blame on being so busy counting all your money.  It’s a bad excuse, but maybe it can save some face.

Because right now you look like a bunch of iceholes and I resent every penny I gave you.  Not for the good work you’ve done, which is a lot, or the families you’ve helped, which are numerous, but for being greedy instead of generous, selfish instead of, you know, charitable.

Update Aug 29: The ALSA has withdrawn their trademark application. Good.

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Filed under Celebrities, Crowdfunding, Facebook, Social Content, Social Tracking