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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More on opt-out for B2B marketing

There is still a bit of discussion going on around the HBR article on how B2B mail should be opt-out not opt in on various delivery blogs. Over on the Blue Sky Factory blog new daddy (congratulations!) DJ writes a post about why he thinks opt-out in any context is a poor marketing decision.
One of his commenters follows up with a long comment about how recipients shouldn’t get angry when they get unsolicited email from a company they have interacted with.

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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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Well designed email program

I so often talk about the failures of various email marketing programs that it’s only fair I mention when someone gets it right.
We spent the past week with family on the east coast. Our flight back to the west coast was very, very early Sunday morning so I booked a night at the airport hotel. That way we could just stumble to the shuttle at some horrible hour and not worry about trying to coordinate drivers and cars and all that other stuff.
As we were headed to the airport, I pulled out my phone to confirm directions. I found a new message in my mailbox offering me the opportunity to check-in online. I decided to see how it worked.

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