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If you're not familiar with what went down in the last week with regard to Jason Kottke's blog, then here's a quick refresher.
Kottke had pointed out details he was given about Ken Jennings' eventual demise on the television game show "Jeopardy," and much speculation took place on blogs and in the public eye that he would lose sometime this year. Then, a few days ago, Kottke posted audio and a description of what happened in the "final" show for Jennings. A few days later, he was contacted by Sony and asked to first remove the audio and then the printed description. Various print outlets, including the Washington Post were apparently not told to do the same. (Or are at least not saying/doing so)
Thursday morning, Kottke wrote this post, where he stated that "Things may be a little quieter around here in the short term as I deal with some stuff going on in the real world....I can't say too much about it (soon perhaps), but it sure has had a chilling effect on my enthusiasm for continuing to maintain kottke.org."
The concern here is that a blogger could, even if s/he were *correctly/legally* doing something, be sued and lose the case, purely for financial reasons. Is this right? It's like reverse celebrity justice, in a way. An individual probably cannot defend themselves in the legal arena because of their lack of financial backing, and would give up in most instances. I'm actually starting to wonder if Jason Kottke is being made an example of by Sony at this point. I'm sure their ratings were ridiculous, frankly (I have the web traffic to prove, at least, that the interest was HUGE), and it's not as if the ratings went down one day after he lost (if they did) because someone blurted out the news in advance of it happening. This attracted the casual/non-"Jeopardy" viewer, who tuned in just to see the end of the run. It's created a ton of speculation as people wonder if he lost on purpose, what will happen if he ever got back on the show, whether or not the rules would get changed again, and so on. I haven't seen Sony going after the hundreds of other bloggers who posted on the subject, and am surely not inviting them to come after me. But aren't there bigger fish to fry than Jason Kottke, frankly?
Seems like they need to go after the folks who leaked the news to the news outlets.
This is like going after the media on the Plame case instead of going after the the government officials who leaked.
Posted by: Roxanne at December 2, 2004 2:15 PMPerhaps Sony needs to be reminded that blogers and blogees are CONSUMERS and CONSUMERS choose which products they want to buy. Selling products is how Sony keeps the lights on and pays their attorneys. I would never have watched the show if I had not been alerted by a blog site. By the way I would bet a bunch that Jennings took a dive. Probably ecstatic he doesn't have to deal with AH Alex anymore.
Posted by: C W Bowers at December 2, 2004 8:33 PMI'd like to know what kind of response Kottke got from this - offers for pro bono representation perhaps? One nice thing about the blogger community is it is a community, and there is strength in numbers. My point is, bloggers finding themselves on the wrong end of a legal threat may not be as helpless as the similarly situated print journalist/commentator.
Posted by: NF at December 3, 2004 1:36 PMI have 50 bucks for his defense fund as soon as someone sets it up.
I also have a note to the CEO of Sony America on my blog.
http://theheadlemur.typepad.com/ravinglunacy/2004/12/an_open_letter_.html
to use a sony phrase:
live in your world play in ours.....
Welcome to Our World
A modest (and rude) proposal: http://www.blaserco.com/blogs/2004/12/03.html
Posted by: Britt Blaser at December 3, 2004 4:12 PM