Court rules blogger is not a journalist

Last week a federal judge ruled a blogger, Crystal Cox, was not a journalist and not subject to first amendment protections. I haven’t been following the case very closely, but was a little concerned about the precedent and the liability for people like me who blog.
Reading some of the articles on the case, though, I’m less worried. This isn’t a blogger making some statements. Instead, Ms. Cox acted more like a stalker and harasser than a reporter. The judge even concluded that had she been granted protection as a journalist it was unlikely she could prevail as there was little factual basis for her statements.
Others have done better summaries of the case and the effect and I encourage everyone to read them.
Seattle Weekly
New York Times
Ars Technica
Forbes

I also discourage folks from applying this ruling to all bloggers. It’s not clear she was doing anything journalistic. I did find it interesting that some of her techniques to ruin the lawyer’s search results were defined as Search Engine Optimization. I’ve long thought SEO was akin to spam: say something often enough in enough places and you start to dominate the conversation. Not because you have anything useful to say, but because no one can get an idea in otherwise.

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Just stop spamming!

Al posted a clip from the Jim Carrey movie Liar Liar on SpamResource (slightly NSFW) that resonated with me this week.
If you meet me on the street and ask me what my job is I’ll tell you that I work with companies who send bulk email to make sure that they’re not sending spam. I do this by educating clients into good practices and teaching them how to send mail people want to receive. What this statement doesn’t tell people is that usually clients find me because they have been suspended by their ISP for spamming or blocked by some receiver.
Clients who find me because they can’t send mail usually hire me to solve their immediate problem. And I do give the the best advice I can to resolve their problem. But fixing today’s problem isn’t enough, you also need to fix the processes that caused the problem. To me, a critical part of my job is to set clients up for long term success by creating procedures that will get them delisted and keep them from being relisted in the future.
Sometimes, though, I have those moments Al is talking about. When clients don’t actually want to fix their problems, they just want to argue. They want to argue about the definition of spam. They want to argue about permission. They want to argue about how awful their ISPs are for suspending their account. They want to argue about CAN SPAM. They want to argue about free speech. They are angry and they want to fight.
My role is to listen to them, then guide them down a constructive path. I do turn out to be the sounding board for a lot of customers, sometimes they just need to know someone is listening to them. Once they get it all out we can move on into solving the problem.
But, boy, are there the occasional conversations where I just want to scream, “JUST STOP SPAMMING!”

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End of quarter spam

There has been a plethora of big brand companies doing stupid stuff with marketing recently. I can only figure it’s end of quarter and everyone is looking to pump up their numbers as fast as possible.
I talked about Millenium hotels sending me with an utterly irrelevant ad earlier this week.
@Yahoomail direct message spammed all their twitter followers with an ad for something related to the new Yahoo mail product.
Anyone watching my twitter feed yesterday probably noticed me complaining about spam from Dell.
All of these things are just examples of sloppy marketing. In Dell’s case it’s even worse because they sent me multiple copies of the spam to different addresses. Two copies of the same “SHOP NOW!” email to different addresses, one of which has never been given to Dell.
Mail to the first address is unquestionably spam and I did send in a complaint to Dell’s ESP. That address is never used to sign up for anything. I did try clicking on the “update your subscription” link in the footer and Dell’s website helpfully told me that address was not on their mailing lists. Looks like Dell bought a list.
The second address is one that was involved with the purchase of software from Dell last July. This is the first non-transactional mail sent to that address. I can’t necessarily call the email spam as I did give it to Dell during the course of a transaction. However, Dell could have done a lot better in managing our “relationship” than they did.
Dell collected my email address as part of a transaction in July 2010. They did not start sending marketing mail to this address until May 2011. While Dell is a major brand and most people would recognize the name and may be a little less inclined to hit “this is spam” waiting 10 months between a purchase and regular mailings is a bad idea.  People who don’t use tagged addresses may forget they gave the sender an email address and automatically send in a spam complaint.
Sitting on an address for 10 months means Dell really should have done a welcome series, or even just a single welcome email, to ease the transition from no mail to regular mail. But, no, they just send me an email advertising their sales.
We’ve been Dell customers for quite a while, and all of our purchases have been enterprise grade hardware or software to run on those servers. We’ve never purchased anything remotely like office computers. But the sales flyer was for desktops, printers and monitors. Dell knows what I purchased from there, so why are they sending me ads for things I’ve never bought?
We have our own Dell sales rep, and my only involvement in the transaction is source of payment. Adding me to a product list really feels like spam.
Then there was the email itself.  The “update your subscription” link was broken and told me I wasn’t subscribed to their list. I mentioned it to Steve and he pointed out that particular link had been broken “forever.” How long has it been since anyone inside of Dell has checked that their footer links work?
What is Dell up to? Who knows. But they unarguably are sending mail to addresses that never opted in. And even if you consider an email giving during a purchase process their handling of that particular address was appalling and in violation of almost every good practice out there.
 

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TWSD: lie about the source of address

A few months ago I got email from Staff of Norman Rockwell Museum of Vermont, to an addresses scraped off one of my websites. At the bottom it says:

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