Why I Think Using Social Media To Call Out Infringers May Be A Good Idea After All

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You will be infringed at some point; it’s almost a statistical certainty, so you might as well know how to deal with it. There are many strategies you could employ to do that, but since none of you are paying me, I’m not giving them all away here. There’s one in particular, though, that I think is worth discussing here: using social media to rally public opinion around your issue to leverage your bargaining power. The internet can be a really amazing tool for change in that way.

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A Brief Review of Important Matters: Artist Uses Social Media To Fight Infringer, Comcast's Terrible Deal, and James Bond Needs A New Home

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It will now be harder for victims of online harassment to pursue criminal actions against their tormentors. In a 7-2 decision that came down this month, the Court ruled in Elonis vs. United States that a person making a threat on social media has to possess an objective intent to threaten a victim. It's not good enough for the victim to believe the threat to be real. No, the threatener must also believe that the threat is real, even if they ultimately decide not to carry it out. While the idea of intent (or mens rea) has forever been a staple of criminal law, the actual effect, mainly on women, is hard to ignore.

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A Brief Review of Extremely Important Matters: Sports Leagues Banning Live-Streaming Apps, Getty Wanting Amateurs, Hollywood's Gender Bias, and Other Miscellany

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A lot of people are unhappy about the Mayweather-Pacquaio fight, and not because Pacquiao lost. The fight of the century was rebroadcast on Periscope and Meerkat, the live-streaming apps, allowing people to watch the fight for free instead of ponying up the $100 pay-per-view fees. Now, the PGA and NHL are banning the apps outright and threatening any live-streamers with infringement suits.

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Ask Greg - The Facts As You See Them, or Why You Should Be Careful About Accusing Someone of Wrongdoing on Social Media

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Ask Greg - The Facts As You See Them, or Why You Should Be Careful About Accusing Someone of Wrongdoing on Social Media

I’ve always admired the usage of social media to rally support and sway public opinion, but mostly as an outsider. I've never advised any of my clients to do it and I think it would be a colossal mistake in all but the most deserving situations. 

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