Category Archives: Technology

So You Want To See A Social Media Law Final? (2017 Edition)

It’s that special time of year again when I have just submitted the final grades for my Law & Social Media class at the University of Texas School of Law.  Hard to believe that I’ve been teaching it for five years now but every year brings something new to the area.  This year’s exam was inspired by some recent events, the Gabbing Geek podcast, and a few too many detective movies (well, really, all the Dresden Files books).  How would you have done?

Question One

She keeps looking out the dirty windows to make sure her Tesla isn’t being broken into. Your office is in that part of town, a part that she normally won’t be caught dead in. But here she is now.

“Mind if I smoke?” she asks, tapping on a silver cigarette holder that you thought only existed in black and white hard-boiled detective films.

“Yeah.” You toss your thumb to point at the giant “NO SMOKING” sign on the wall behind you. Right next to the “Social Media Fixer, Inc.” sign you used to hang on the outside door but too many people kept marking it up.

“They said you could help me,” she says in disbelief. Looking around the threadbare office, she looks like she’s been the victim of an online prank.

“Maybe,” you tell her. “Don’t judge me by the offices. I’m a big deal on Instagram. That was a joke.” You offer the last part because you’re not sure if she’s ever heard a joke, judging on the look she’s giving you. Or maybe you’re just telling it wrong.

“Fine,” she settles back into her chair. An impressive feat because you know how uncomfortable that chair feels. “I run an incredibly successful social media platform called Modular Academic Dreams Exist, Uniquely Personal. But everyone just calls it MADE-UP. We have hundreds of millions of users around the world. We allow them to share content with each other, interact with their friends’ posts, and even schedule events.”

“So, like Facebook,” you respond.

“Yes, but MADE-UP. Anyway, when we first launched we had one sentence for our Terms of Use: ‘Be cool.’ But now we realize that we need a more…robust document.”

“Might help,” you offer.

“Right. But I’m really not sure where to start. And I need to convince my Board of Directors to make the change. Could you give me some advice? Maybe start with three of the most important parts of the Terms of Use we should create, and some kind of strategy for rolling out those changes? Something I can take back to my Board because…” she glances out the window, “I doubt they’ll want to come here.”

“No problem,” you tell her. She leaves. You crack your knuckles and start typing.

Question Two

Six months later, the MADE-UP CEO is back in the uncomfortable chair. She left the Tesla at home this time, electing to take a taxi since Uber and Lyft still haven’t come back to this part of town. She looks about as comfortable as last time but just the fact that she’s back means you gave her good advice and she knows it.“Those Terms you wrote are great,” she says. “Okay, more than great. They’ve

“Those Terms you wrote are great,” she says. “Okay, more than great. They’ve really helped us out of some problems and our outside counsel say that without those Terms we would’ve been in a lot of trouble.” You try not to look too hurt to discover she’s hired other lawyers.

“But the one argument our other lawyers” ouch “keep facing is when users claim they never saw the new Terms. So we want to make a giant, splashy campaign all around the Terms. We don’t just want people to see them—we want them to WANT to see them!

“So I came up with a plan and everyone tells me it’s brilliant,” she smiles. Probably because you’re the CEO, I think, but wisely don’t say. She continues, “I want you to give me some honest feedback. It’s a two part plan.

“First, I want to create a graphic novel out of our Terms of Use. We’ll hire artists to create pages that copy other comic books, only instead of people talking or thinking or whatever they do in comic books, it’ll be our Terms instead. Since the pages will look like the most famous comic book heroes everyone will want to read it. We’ll use all the best heroes: Batman, Wonder Woman, Superman, Spider-Man, Wolverine, Madame Xanadu—the true icons of the industry!

“And then second, we’ll do something similar but with video. I know some digital artists who say they can take video clips from the hottest movies and TV shows and then alter the characters’ lips to show them reading our Terms. We’ll hire some celebrity impersonators to do the characters voices so it’ll look like these people in The Walking Dead or The Magicians or Better Call Saul are reading our Terms!”

You grimace. She notices.

“What?” she asks. “Tell me what’s wrong with that plan. Or tell me what works. Just tell me!”

You take a deep breath and tell her what you’ve been thinking.

Question Three

Another six months, another taxi drops off the MADE-UP CEO at your doorstep. Well, your landlord’s doorstep. She eyes the chair warily before sitting back down in it. You’ve been meaning to get a more comfortable chair. But you haven’t.

“I should have come to you sooner,” she starts. “Especially since you’ve given me such great advice before. But I’ve learned my lesson. We fired our General Counsel over this mess—help us fix this problem and the job is yours. I’m guessing it pays…” she adjusts herself in the uncomfortable chair, “Slightly more than your current wages.

“Our marketing team started working with the most influential users on our platform. People with tens of thousands of followers. We would connect those users with brands wanting to promote their products. It was a win-win situation, the marketing team told me.”

“Marketers,” you nod knowingly.

“Right. So we had this program. Brands pay us a few thousand dollars, we pass most of that money along to the users, and the users would post pictures and videos of themselves using the products. And we would help promote that content by giving it preferential viewing for anyone on our MADE-UP platform.

“About a dozen of the brands and the influential users in the program got some letter from the FTC. And now those brands are upset with us because we never told them about some need to disclose? Is that really a thing? I guess it is.

“Now we need to change our program so that our brand partners and influential users are following the disclosure rules. I need you to draft some kind of rules or communications or training or something so that I can make everyone understand what they need to do.

“Tell me what to do for our brands, for our users, and for my marketing department. Fix this and you’ll be our new General Counsel.”

You stand up and remove the “Social Media Fixer, Inc.” sign from the wall. You won’t be needing it anymore after you give her your advice.

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Facebook’s Responsibilities As A Content Platform

bubblesIt is time for Facebook to look itself in the mirror and decide who it wants to be when it grows up.

In the wake of the 2016 US elections there are volumes of conversations taking place over our possible future, the ongoing tension and conflicts, and the root causes of the election.  The causes are numerous and not simple to categorize–your perception of the election’s results may make you view one cause as a positive or a negative, for example.  But the causes are out there and, if they did not have the impact they desired, then the results of the election compel those causes to re-examine their purpose and impact.  Facebook is one of them.

The New York Times ran an excellent article about Facebook’s possible impact and how different groups within the organization are thinking about the issue.  If you’re unable to read that article because you don’t have a subscription to the New York Times, I’d suggest you subscribe.  The article also points out the conflicting viewpoints even within Facebook, as Mark Zuckerberg has publicly posted that he believes Facebook’s involvement is minimal.  Unfortunately, I believe Mr Zuckerberg’s comments have missed the forest for the fake tree.

Mr Zuckerberg’s post talks about the potential impact of fake stories that circulated on Facebook.  He believes those stories had no impact, but that also once you go down the road of trying to mark stories as true or fake you get into dangerous territory.  Even mainstream reports may omit details or sometimes get stories wrong.  That is entirely valid criticism and it is entirely hogwash.

Certainly you can draw the line at marking what is a real or fake story and you can argue about moving that line.  Right now, no such line exists.  That allows completely fabricated stories to gain widespread circulation perpetuating their untruths.  Once that bad information has taken hold it is almost impossible to eliminate their impact, as Facebook well knows with the constant resurgence of Facebook untruths (Facebook is going to start charging you, if you post something then you keep control of your content, they now own all of your photos, etc.).  Even if another true story circulates right after the original fake story you will still have a large number of people who think the fake story may have had a detail wrong but the overall theme is true.  And of course that has an impact.

Facebook and other social media sites have become widely popular for lowering the barriers of distributing content.  We can now connect with people and share information with simplicity and ease.  That has powerful positive effects but it also has some drawbacks.  The widespread dissemination of fake news is one drawback and that can be addressed by Facebook if it wanted to do so.

But there’s a bigger picture here, one that I fear Facebook is missing by only talking about fake news.  Because the true impact of Facebook and all of social media isn’t just about fake news but rather that these platforms designed to increase communications between people may be doing the opposite.  There is a wealth of articles and research about how the same technology that gives us access to so much content may also force us into a bubble of only content that we agree with.  The most recent iteration is how this may have impacted the election, such as this New York magazine article points out, but this is an older concept as this fantastic 2011 TED talk points out (carve out 9 minutes to watch it if you can).

 

This is where Facebook can best start looking in the mirror.  Because Facebook doesn’t just set up bubbles for its users, it is a bubble generating machine.

Facebook stays successful by making sure you keep coming back.  It wants to give you content you find compelling and enough new material so you visit the site many times a day.  It also can’t give you too much content or you’ll get frustrated and leave.  And it also can’t give you content that will make you never come back–whether because you found it offensive or distasteful or any number of reasons.

This is the entire reason for Facebook’s Edgerank algorithm and why you sometimes see articles complaining how Facebook users don’t see all their friends’ posts.  Facebook constantly tweaks and plays with this program to maximize your time on Facebook.  More time on Facebook means you keep coming back and you’ll see more ads that they can sell to fund the platform.  That makes sense from a platform and business perspective.

But as a content and media company, Facebook also needs to ask if maximizing user bubbles is truly in the best interests.  Compare this to a snack food company that discovers if they add more sugar then people like the snacks more, they consume it more, they buy more of it.  That makes sense from a business perspective and yet it may not be the best possible outcome.

Facebook and others need to look themselves in the mirror and decide who they want to be.  They can take the all business approach of doing what is the best for profits or they can decide there is a greater responsibility at play.  I don’t know how to burst those bubbles if Facebook chooses to do so.  I do know that Facebook has some of the most brilliant content engineers, data scientists, and platform designers on the planet.  If they want to address this problem, they can start coming up with solutions.  Because bursting those bubbles may be vital in helping to bring people together, to help us increase understanding of problems and come up with solutions.  Popping those bubbles may help heal the polarizing partisanship that has only grown over the past years.

Those bubbles may be nice to live in, but they may choke us in isolation.  It’s time to figure out whether they’re worth keeping.

Either way, Facebook needs to look at their role in defining public conversations and make a decision.  Sticking their head in the sand and pointing at the other causes is irresponsible.  No, Facebook isn’t entirely to blame.  It also is not blameless.  Where it goes from there is entirely within their control.

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7 Legal Issues For Pokemon Go: Gotta Read Them All!

pogologoPokemon Go has taken the planet by storm.  In its firstweek it surpassed Twitter for daily active users, it became the top grossing US iPhone app in just 13 hours (despite being a free to play game with optional purchases), and mobile users are spending more time on Pokemon Go than on Facebook.  Pokemon Go has become the most popular Android app for daily users, surpassing the previous leaders by nearly 300%.  And it did that in a span of days.

Not only have you likely heard of Pokemon Go, you’re also statistically likely to have played it if you have a mobile phone.  If you haven’t played there are plenty of guides out there (here’s a video I thought was a good intro) or you can just go to any public place where you see people looking at their phones and ask them.

Given the meteoric rise of Pokemon Go, it is only a matter of time before the game crosses over into doing promotions and marketing activity.  There are already reports that the game includes code to run a test promotion with McDonald’s in at least one Asian country.  With this many people and brands interested in the hot new game (and eventual platform), my friend and fellow social media lawyer Jim Dudukovich and I wanted to present the seven legal issues you should know around the game for now.  This isn’t specific legal advice, just us thinking about the intersection of new technology and the law.  And an excuse to play.

1. Pokemon Go isn’t a platform…yet

While Pokemon Go provides an intriguing mix of real world and virtual world entertainment, the interaction between players is currently very limited.  Players do not see other players while wandering their virtual map overlays on real world maps.  The only interaction with other players is in lures dropped by players and battling/training at Pokemon Gyms.

The

The swirling purple flowers are caused by lures dropped by players–you can see the lures dropped by other players but cannot see the players themselves.

This is all certain to change in the future.  The Pokemon Go terms discuss the ability to trade items with other players even though that functionality does not yet exist.  Trading items with other players will possibly come with the ability to communicate with them as well, or perhaps there will be the ability to chat with other members of your team (one of three alliances you join upon reaching level 5 in the game).

While Pokemon Go has currently inspired people to get together and communicate, it is neither required for the game nor supported by it yet.  So the game is not a social media platform…yet.  But given the rise of players and pop culture awareness, it is almost a certainty that the game will either evolve to become a platform or players will start to congregate around another platform in order to communicate.  This places the app more in the realm of just a game for now, but as it expands functionality and brands start to get involved there will be a number of common social media platform legal issues that emerge.  So stay tuned.  And level up in the meantime.

2. Sponsored content is coming

Where there’s a game, there’s an opportunity for brands to get involved (with varying levels of legality).  The model for Pokemon Go has yet to mature (or at least to be announced publicly), but the ways brands can get involved will likely include not only some “conventional” methods, but also some integrations that are possible only with augmented reality.

Going forward, we are likely to see “official” partnerships whereby businesses can become sponsored locations or some other formally identified type of destination with yet-to-be-determined perks (and costs).  In order to distinguish the haves from the have-nots, the benefits of paying for participation will need to really break through the clutter of the free-riders in order for businesses to invest (see #3 below).  One would assume that part of that bundle of rights would be co-promotional rights, whereby those partners can produce advertising materials featuring elements that only official partners can use.

And with augmented reality comes the ability for brands to buy virtual advertising space; clearly Niantic – should it opt to pursue this revenue stream – will need to be thoughtful so as not to chase away users by overly commercializing the user experience.  When users start having to walk around a virtual billboard in order to capture a Jigglypuff, they might begin to revolt.

3. But businesses are already cashing in

As things currently stand, some businesses are near Pokestops, which attract players to their locations to load up on Pokeballs and other virtual supplies and (hopefully) lead those players to buy something from the brick-and-mortar business; at the very least it breeds familiarity and exposure.  We’ve also seen businesses buying and dropping lures to attract players, as well as putting up social posts that play off of the game’s name, notoriety, characters, and imagery, including using #PokemonGo.  There are even online articles telling business how to take advantage of this claim, like this rather creative one from Shift Communications.

Some examples:

An electronics store in Austin, Texas advertising that it is also a Pokemon Go Gym.

An electronics store in Austin, Texas advertising that it is also a Pokemon Go Gym.

This Brookstone in the Houston Galleria invites players in with a discount.

This Brookstone in the Houston Galleria invites players in with a discount.

Space Cadets Collection in Oak Ridge North, Texas alternates which team will receive a discount that day.

Space Cadets Collection in Oak Ridge North, Texas alternates which team will receive a discount that day.

A post on social media shows an alleged poster by a Navy recruiter utilizing Pokemon Go.

A post on social media shows an alleged poster by a Navy recruiter utilizing Pokemon Go, although this has not been verified.

Even Yelp has gotten in on the crazy by offering a filter to find businesses near PokeStops.

Even Yelp has gotten in on the crazy by offering a filter to find businesses near PokeStops.

From a legal standpoint this raises some interesting questions.  For instance, if businesses are leveraging the game to attract consumers, would Niantic not have a potential claim for false association/false endorsement?  One would think so, but since it’s already been over a week and we haven’t seen any claims, uhm, wait – how long until some form of laches or abandonment defense would attach?  But seriously – we don’t know if Niantic has any inclination to attempt to aggressively enforce its trademark rights – it’s making plenty of money from in-app purchases that are attributable to these uses and will likely make plenty more once it launches official branding opportunities.  In light of that, so long as the participation by unaffiliated businesses doesn’t interfere with Niantic’s business opportunities to sell official partnerships, and so long as those unofficial users don’t hold themselves out as official sponsors or otherwise engage in behavior that could dilute or undermine Niantic’s trademark rights, we probably won’t see widespread aggressive policing.

4. Does Pokemon Go create attractive nuisances or encourage trespass?

Pokemon Go is not the first geolocation game to exist, but it’s the first to breakout in such a significant way.  Having millions of people, many of them under the age of 18, wander around trying to collect virtual property brings some real property issues up in unique ways.  These next three topics are just a few of those interesting overlaps between the real and virtual world.

Adults know not to trespass on private property (or the law infers they do) but children are typically given a free pass when it comes to attractive nuisance law.  This is the body of law that covers situations when a child illegally enters private property and is injured while on that property.  While originally laws in this space required the nuisance itself (piles of lumber, swimming pools, trampolines) to cause the injury, the law has also broadened the landowner’s culpability to include conditions that the owner could foresee would cause injury.  Imagine a very visible giant pile of lumber that a child would want to climb and a ravine covered by grass on the way there–that’s covered.

The Pokemon Go terms do imagine this potential risk area.  There’s an entire Safe Play section which discusses avoiding physical harm while playing and obeying all laws including trespassing.  That doesn’t mean much to the 13 year old who won’t read these terms (and 99% of all other players), but it provides the developer with some protection around players being injured.  The terms do not shield property owners, who now may face a slightly greater risk of some injury on their property by players looking for Pokemon.  The game is designed to be played by walking around and the game informs players when Pokemon are nearby but not where they are–the only way to track them down is to try walking in different directions and seeing if they are closer to the Pokemon as indicated by the number of footprints near the Pokemon’s picture or outline.

Since Pokemon are placed randomly, it is possible the game could inadvertently provide clues that lead children onto dangerous property or near a dangerous condition.  These clues are left vague on purpose, to make it more of an exploration game, but that also can lead children onto private or dangerous property.  When the Pokemon finally appears you can click on its location in the map, but getting it to appear can be random.  The game also gives you visual clues of where Pokemon might be with rustling leaves–players chasing those leaves may not realize where they are going.

The game itself doesn’t intend this risky behavior, nor can it be prevented currently.  It’s also debatable if a landowner would be liable for a harmful condition when they did not create the attraction that drew a child onto the property in the first place.  If a landowner is already in a densely populated area and is concerned about children being injured, they probably have already taken action (on the condition itself, preventing access, posting signs).  If they are in a remote area it’s hard to imagine local Pokemon Go players entering their property as opposed to visiting areas of attraction (PokeStops which provide virtual items to players).  But landowners in the space between may want to be aware of this risk and if they were debating taking action in the past, perhaps now is a time to do so.

While it may be difficult to pin responsibility on Pokemon Go for an attractive nuisance or trespass, it certainly creates an environment where those actions may be more likely to take place.  So both players and landowners may want to consider the risks when playing.

5. Pokemon Go and the idea of appropriate play

Outside of the physical risks that players may be subjected to while hunting Pokemon, there is also a growing concern of whether playing the game is appropriate in certain locations.  Within the first week of the game’s launch a story circulated about the Holocaust Museum in Washington, DC asking people not to play the game in the museum.  Arlington National Cemetery also asked players to refrain from using the site as a playable location.  The sites said they would reach out to the game creator to see about excluding the sites from the game but so far there does not appear to be an easy way for property owners to exclude their land from the game.

The idea of whether a location is appropriate or not is not limited to large national sites, though.  Because Pokemon Go is based on work done for a previous geolocation game, Ingress, much of the previous game’s data are used for this new iteration.  And because Ingress was based on a storyline involving spiritual energy, many of the featured locations in the game can have a spiritual element such as churches or monuments.  Or take, for example, this PokeStop in Austin, Texas:

faniapokestop

This happens to be the headstone for my wife’s great-grandmother Fania Kruger–a woman who immigrated to Texas when she was 15 and later became a well-known poet.  Is her headstone being a PokeStop a good or bad thing?  Is it a celebration of her life to have players intentionally seek out her final resting place and perhaps learn a bit of who she was or learn her name?  Or is it a desecration of a place of remembrance for her and the other families whose relatives are nearby?  While this may not present a direct legal issue, the reaction to a real world location with emotional interest becoming a game location can cause strong reactions.  And those reactions may turn into legal issues as cemeteries, museums, or other public spaces must now develop a position on Pokemon.

6. Are Pokemon Go players loitering?

Laws vary on the subject, but generally speaking most jurisdictions have laws that allow authorities to prevent people from hanging around with no apparent purpose.  Typically these laws were used to prevent gang activity or break up groups that might lead to trouble.  With small or large groups suddenly appearing in public places, wandering around while staring at their phones, authorities might be curious or concerned.  Within the first few days of the game being launched, a story appeared on Imgur of a white man searching for Pokemon in a park late at night only to encounter two fellow players, black men, and while the three of them talked the police were called about a suspected drug deal.  The story ended happily enough, with the policeman downloading the game and playing, but under scrutiny the original poster deleted the story.

It is true that Pokemon Go is drawing out populations that were previously playing games indoors.  While many people have long bemoaned the lack of America’s youth playing outdoors, society is also shocked and confused when exactly that happens.  While businesses seem to be getting in on the action, some even advertising if their stores are PokeStops or Pokemon Gyms (areas where Pokemon are trained and players battle for control of the location), some other locations may be less open to random strangers driving up or wandering around.  And authorities may be suspicious of large groups gathering at night.  Is it a gang fight or a Pokemon Go meet-up?

The actual definition of loitering may differ by jurisdiction, but it is generally defined as remaining in one place without apparent purpose.  Whether playing Pokemon Go provides that apparent purpose or not is debatable and may be up to the discretion of police officers depending on time and location.  Shopping malls or other private property that have posted No Loitering signs are possible more sensitive to this kind of activity, so players may want to consider the area before conducting extensive searches or meeting up with other players.

7. Are Pokemon Go players targets for criminals?

In the wake of the game’s popularity came another rash of articles suggesting that players were at risk of being targeted by criminals.  There was a report in St Louis of some teens who robbed players, possibly drawing them to their location by dropping a lure (virtual items which other players can see and increase your chances of finding Pokemon).  It’s hard to imagine this is an actual spike in crime though–or if so it is by some of the worst criminals imaginable.  Targeting Pokemon Go players seems far less lucrative than, say, staking out an ATM where people withdraw money.  On the flip side, using a remote PokeStop may yield less rewards but have less chance of getting caught.  Unless you’re in St Louis.

There’s also one story that made the rounds of a player who was stabbed while collecting Pokemon but elected not to go to the hospital so he could keep playing.  You can read the full account here but I thought the more interesting (and usually ignored) part of the story was how he was out at 1 am, saw another man wandering around, and immediately asked him if he was playing Pokemon.  This apparently triggered the man to attack the player with a knife.  So maybe the lesson here is to not wander around after midnight playing Pokemon, or not to assume some other person stumbling around in the dark is doing the same.  It may also be a lesson to the developers that hopefully they won’t create specific Pokemon that can only be found in urban centers, particularly near bars, in early morning hours.

More to come

Pokemon Go has certainly taken the country and world by storm but these are the very early days of the game.  Will it fizzle in the upcoming months, or will it continue to draw a healthy crowd and new functionality as time goes on?  We’ll keep our eyes peeled for any nearby rare Pokemon new legal issues around this game and let you know.

 

 

 

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Oh Hey, Want To See A Great Social Media Law Final Answer?

Final-examsThis is the fourth year I’ve taught my Social Media Law class at the University of Texas School of Law and each year I’ve posted the final exam here on the blog.  I’ll be doing the same for this year’s exam later in the week, but I wanted to do something I hadn’t done before: post a model answer.  I presented this answer to the class this year after getting permission from the writer, the top score in the final and class last year.  Worth Carroll wrote the answer so all credit to him.  If you want to re-read the questions he’s answering, here is the final exam from that year.

Would you have answered differently?  When I went over the answer in class there were certainly points that came up that weren’t in this answer, and this answer also had points that the class hadn’t considered as well.  Taking a law school exam is always a difficult task so it’s hard to say what you could do in the three hour situation, but this was a fantastic set of answers to the questions.  Take a read after the break and see if you agree.

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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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