Protecting Free Speech: ABC/Disney

Believe it or not, the public relations arms of KSFO, ABC, and Disney can learn a lot from Jason Goldberg.

Sure, everyone knows that I tossed in my fair share of communication flack about how Jobster handled its crisis communication situation (not enough, it seems, to warrant a hit), but I also believe in giving credit where credit is due. Although Goldberg seemed to create his own “blogswarm,” largely spurred by his own posts, he didn’t hide from it. He talked about it.

KSFO, ABC, and Disney aren't talking. When Online Media Daily asked, Julie Hoover, a spokeswoman for ABC Radio, declined to comment. Brian Sussman, the KSFO radio talk host under fire, told CBS 5 by e-mail that he is not doing any interviews about the broadcasts. As much as I have searched, none of the stations and companies under fire has really said anything.

Public Relations 101 says “no comment” is an admission of guilt, unless you clarify. There are several instances when it is permissible not to comment, the most obvious that could have been used in this instance: legal counsel has advised against communicating on that subject while the matter is before the courts or pending court action. Unfortunately, they missed it, along with the most basic truth that their misguided nemesis preaches censorship above all else.

If you take the time to read his pained posts, you’ll see a consistent story: this guy has tried everything, including government intervention through the FCC, to shut down one talk show host after the next. Failing to impact the higher-rated hosts, he finally found some wiggle room at KSFO.

As much as I think it was wrong for Internet provider 1&1 to cancel his account for reasons already mentioned, it is equally wrong to think that this “offended” blogger represents the spirit of the First Amendment. I suggest he hit the books and study up, starting with Ray Bradbury:

“… minorities, each ripping a page or paragraph from a book, until one day the books were empty and the minds were shut and libraries were closed.” — Ray Bradbury, Fahrenheit 451

While I might not be an attorney, I do know a few things about the First Amendment and have been directly and indirectly involved in several productive free speech cases over the years, including the amicus brief taken up by the American Civil Liberties Union (ACLU) in 1996, which was one of the first real landmark actions in preserving a poster’s intellectual property rights from Internet providers by defining them as passive carriers as opposed to publishers. It also prompted America Online to provide a free speech area, monitored by the ACLU, that was not subject to the company’s terms of service.

Back then, a few years before the term “blog” first graced the pages of the Internet, I spent ample free time attempting to educate people on merits of free speech, frequently citing one of the best quotes on the subject by Charles Bradlaugh, who warned us: “Better a thousand abuses of free speech than the denial of free speech. The abuse dies in a day, but the denial stays in the life of people.”

How true is that. And how sad it is that KSFO, ABC, and Disney have yet to make the case that maybe, just maybe, despite their ill-advised legal letter (note: the threat of legal action and actual legal action are light years apart) from a public relations perspective, KSFO needs some First Amendment protection. How interesting would it be to see the Electronic Frontier Foundation and ACLU face off on the issue? I’m all for that as long as the risk doesn’t wack away another piece of "fair use."

Of course, if KSFO, ABC, and Disney are not inclined to wrap themselves up in the Bill of Rights, then they should drop any legal action all together. Sure, some folks will toast to being triumphant for a day, but will quickly become irrelevant without the lawsuit. Or maybe, you can take a page from the AOL case and host a blog for bashing Sussman. (Once AOL folks had a free speech area, few, if any, posted.)

I suspect this guy is the same. Sure, he has a right to complain about this and that with speech that I find no less hateful than his so-called “right wing prosecutors,” but his agenda is hardly pure with today’s post entitled “Their time is over,” meaning people with a contrary view to his own. Likewise, his personal quote — which once read “I just want a piece of the action,” er, until he noticed that being a public figure for 15 minutes isn’t as easy as being an anonymous blogger — revealed. It was deleted this morning. Go figure.

So is the glass half full or half empty? I suggested ice.

Learning From Social Media: Spocko

Much has already been written about Spocko vs. ABC/Disney so I almost passed by this page in social media history. But then I scanned the various posts and saw something missing from most of them. With all the backlash aimed at ABC/Disney, the missing link seems to be 1&1, an Internet provider.

Sure, Disney had sent a cease and desist letter to 1&1 about Spocko's Brain, but 1&1 took action, not Disney. And that's not good for anyone, with consequences that reach much further than Disney's misguided attempt to silence a critic. (It's not the first time they've failed at it.)

You see, for a long time now, most Internet providers have been extremely careful to label themselves as distributors, which, simply put, provides them a certain amount of legal protection to avoid getting caught in any content crossfires. It can be likened to the United States Postal Service, which cannot be sued for the magazine that arrives in your mailbox, or your cable company if you prefer.

Of all people, Andreas Gauger, 1&1 chairman of the board, Ralph Dommermuth (now CEO of United Internet, the public parent company of 1&1), and Achim Weiss (now CTO of 1&1) should know this, given that they handle about 5.87 million customers and 7.2 million domain names worldwide (minus 1). Or maybe they don't, given that they are a relatively new player to the United States, crossing over from Europe.

As a provider, the allure of 1&1 is relatively cheap Web hosting services and its big break into the US market by offering three years of service for free in 2004. I guess the old adage "you get what you pay for" is true. Despite a significant net worth and global presence, 1&1 barely blinked before buckling to ABC/Disney, potentially damaging every other Internet provider in the world by making them unnecessarily responsible for content.

Look, I am not saying it was prudent of ABC/Disney to send the letter to begin with, but I also appreciate that companies and public figures do it all the time. They send letters to various publishers and editors, sometimes from their lawyers, saying cease this and desist that and "oogie boogie no advertising dollars for you."

To that end, Spocko and other bloggers could learn a lot from print publishers, who are a bit more familiar with fair use and whatnot. As a blogger, always be prepared to face the reality of blogging: you're a publisher with much less overhead, but not necessarily much less risk.

Any time you critique people, someone is going to try to shut you down. In fact, when you get down to it, that is what Spocko was trying to do in the first place: shut down KSFO's morning talk show because he didn't like what they were saying. In some ways, ABC/Disney just followed suit by shutting Spocko down, temporarily, sort of, not really.

I suppose I might clarify that I'm talking about "what is" and my personal take on the situation is a bit different, but not much. You see, I believe very strongly in the First Amendment and have been an activist on that front more times than I care to talk about.

But as a First Amendment advocate, I think of this mess a bit differently. First and foremost, I don't particularly care for what I heard listening to clips from these so-called "right-wing" talk radio hosts, but then again, I don't begrudge anyone their right to act like idiots as these drive-time hosts obviously do. It's a shame that listeners support the show by driving up the numbers, but I don't pick what people play on their radios.

I also believe very strongly that Spocko had every right to critique the show in the court of public opinion, even by using clips to illustrate the point. And given what Spocko wrote, I think that advertisers had a right to buy or pull their ads based on that, because frankly, most just buy the numbers until someone tells them what they are buying. I don't agree with forcing people to be "PC" — and that is a personal choice.

Anyway, given Spocko was targeting advertisers in an attempt to censor KSFO, I suppose ABC/Disney had every right to try to take action too, even as ill-advised as that action was (because it led to suicide by public relations in what is being labeled "David vs. Goliath" as opposed to "Will the real censor please stand up...").

So that leaves us with 1&1. If 1&1 wants to continue to increase its presence in the United States, it needs to learn not to knuckle under the pressure of a legal letter.

While I am not an attorney and appreciate this is still being sorted out in some sectors, I believe Internet providers in this country owe it to themselves and their customers to be carriers, with each blogger solely responsible for his or her content. Shame on 1&1 for not sticking by what seems to me to be the single most important definition of Internet content in the last decade.

Likewise, kudos for "The Daily Kos," along with YouTube, Blogintegrity, Firedoglake, and others for trying to teach Mr. Gauger that he is not a publisher. His customers are publishers. Let's keep it that way.

As for ABC/Disney, I'm tracking this as a living case study to see how it handles the fallout. That's more telling than a legal letter that worked, temporarily, sort of, maybe.

Then again, at the end of the day, I think ABC/Disney would have been better off limiting any legal letters to only Spocko so Spocko could have it framed and then blogged about it. Better yet, the radio hosts that went crying to their bosses might have used the airwaves to talk about Spocko's plight to make the world PC. Had that happened, this might have remained a regional story instead of potentially impacting us all.

Branding Agreement Soon: iPhone

On December 19, I posted about a potential brand war over the trademark "iPhone" shortly after Linksys (a division of Cisco Systems, Inc.) launched an "iPhone" family of products.

Reuters reported that Cisco Systems Inc. expects to reach an agreement with Apple Computer Inc. later today on its "iPhone" trademark. They said it shortly after Apple unveiled a phone with the same name.

So why would Cisco reach an agreement with Apple after fending off so many foes from grabbing up the "iPhone" brand? In the December post, I said that Apple would be wise to sit this one out (they did for awhile without comment), letting others fight it out for the right to use a trademark that Apple might not own, but clearly dominates. Today, Steve Jobs showed the world how much it dominates "i" anything by releasing the product before any agreement was signed.

While Apple could have easily called it something else, I am not surprised. Apple is no stranger to the value of a brand nor litigation over brands. In fact, Apple's earliest court action dates to 1978 when Apple Records, The Beatles-founded record label, filed suit against Apple Computer for trademark infringement, a case that has resurfaced several times over the last few decades. You can read more about it at Wikipedia.

It just goes to show you that — right, wrong, or indifferent — owning a trademark and owning a brand are two different things. And today, it's very obvious that Apple knows it too. Clearly, Cisco does too.

Missing News Opportunities: TalentZoo

Yesterday, I called Talent Zoo's "press release" a demonstration in communication ignorance, largely because it failed to meet any measurable objective and partly because it was in poor taste. More than anything, it was a missed opportunity that could have captured a few headlines.

No one really cared, except John Cook gave it a comment-less mention, probably because proximity is one of the many ingredients that journalists use to define news. Really, it would not have been difficult, in an industry that estimates more than 50 percent of corporate recruiters have been laid off or reassigned since November 2000, to do a better job.

There is news here. Plain as day. Based on its release, Talent Zoo is one of a handful of recruiters out there that is hiring people instead of laying them off. It's a nice contrast and makes people wonder "What's up with Talent Zoo?"

Except Talent Zoo did not include this in the release. Their communication contrast was between themselves and Jobster. Okay, so they are hiring a few days after Jobster laid people off. Oh yeah, they obviously have a grudge against Jobster, which seems more memorable than the mention that they are "aggressively" hiring 20 people.

The release gets worse before it gets better. Here are a few gems (ignoring grammar and usage errors):

"Talent Zoo’s growth has come largely due to increased employment needs among marketing, advertising, and public relations companies." Translation: We're lucky to have picked the right niche, um, unlike Jobster, who we don't like.

Personally, I would have placed more emphasis on the fact, according to Talent Zoo, that "both job boards and recruiting firms typically fail to offer the services of the other" while Talent Zoo does. Certainly, there is a better way to write this too.

"'Our strategy has always been to steadily grow our business by filling customer needs with superior products and services,' says Rick Myers, founder and CEO of Talent Zoo.” Translation: We lifted this off a thousand other company news releases because it sounds slick, even if it doesn't mean anything.

"Myers attributes Talent Zoo’s success to maintaining it’s self-funded existence rather than using venture capitalist financing to grow.” Translation: The company communication folks attribute the growth to the industry, but Myers does not. He says the reason for this growth is because, er, they are not like Jobster. On the plus side, only a few folks invested in us.

“Myers adds, 'I’m sorry to hear about the misfortunes of Jobster’s staff. It always frustrates me to learn about hard working people who lose their jobs. Talent Zoo is always interviewing and we are always interested in talking with anyone, whether they are fresh out of school, on the unemployment line, or just looking to join an exciting and growing company.'" Translation: I can hardly contain my glee, and, oh, by the way, feel free to call me if you worked at Jobster, but don't expect to be hired because we talk to a lot of people, anyone, in fact.

In all, of seven paragraphs, not counting the cutline, six can be directly or indirectly attributed to Talent Zoo talking about Jobster. Not too bad for Jobster, considering it didn't pay anything for all this name recognition in a release that "pokes fun at" but doesn't do any real damage. If anything, Talent Zoo lost some credibility points and the few that read the release ran over to Jobster's Website to learn more about its new direction or potential sale to Monster, if you want to entertain rumors.

Imagine how much more effective the release would have been if Talent Zoo would have stuck to its news: We're growing in an industry that BusinessWeek says is poised for consolidation. We must be doing something right. Hmmm... if they did that, then maybe, just maybe, BusinessWeek would have been interviewing Myers instead of Keith Stemple.

Who knows? If the release had been written better and gained some traction, then Myers could have slipped in some of his bloodlust for Jobster in a national magazine, maybe even a few, during some interviews. Then he would have looked as if he was just commenting on current news or citing one example of a hundred he could have chosen. Maybe, if he was really prepared, he could have struck a death blow, driving negative Jobster impressions through the roof on national television.

Ho hum. Instead, Talent Zoo's release is destined to become a mere footnote in the annals of The Seattle Times and maybe a brief conversation point on how not to write a release in my class at UNLV.

In conclusion, even if the primary objective was to smack Jobster around in the media, the release still fails. On this measure, I liken it to throwing punches in an empty ring and without an audience. Worse, Myers gave all the advantage to Jason Goldberg. Goldberg can choose to ignore it or toss in a much harder-hitting punch at his leisure. Either way, Goldberg wins.

I dare say, had it happened differently, Talent Zoo may have gained some recognition, made some money, and the recruiting industry's wrestling fans would have been much more entertained.

Feeding The Animals: TalentZoo

If you ever wondered whether communication ignorance is contagious, visit Talent Zoo. There you will find a news release that attempts to one up Jobster, not at being a better company, but by demonstrating its people lack the most basic understanding of public relations and strategic communication, which is ironic given they serve "communications" executives (they mean communication, but let’s not split hairs). The release opens:

“Award winning niche job board and recruiting agency and former Jobster rival, Talent Zoo has announced plans to hire an additional 20 people in the next four to six months. Talent Zoo’s hiring plans announced today are directly contrary of those declared yesterday by venture capital funded Jobster, who announced it was laying off 60 employees, or nearly half its workforce.”

The need for style and usage edits aside, it seems to me that Georgia would expect more from a company led by someone recently named one of Atlanta's 40 Under 40 Most Promising Young Stars by the Atlanta Business Chronicle. Instead, the Jan. 4 press release (which excludes electronic media outlets, since electronic outlets do not have presses) reads as nothing more than one child thumbing its nose at another.

As much as the lead sentence sets up the news release as an opportunity to show a fair contrast between it and the rest of the industry, the second sentence takes it all away, changing the entire thrust of the release into “let’s show everyone how smug, vindictive, and possibly unethical we can be because the lawsuit we filed in 2005 was not enough.”

After searching for results, the only mention of this release (beyond MediaSyndicate, a news release distribution service) was by Seattle Post-Intelligencer reporter John Cook, who calls it mostly right in saying that “Talent Zoo Chief Executive Rick Myers tosses a few darts at Jobster” in the release. Cook is kinder than a former editor of the Las Vegas Business Journal, who once lambasted a public relations representative for the local Girls Scouts for trying to capitalize on a court ruling over the Boy Scouts.

Now, it’s pretty obvious that I am no fan of the communication savvy or lack thereof that Jobster demonstrated in the midst of its restructuring, but it’s almost forgivable because I have come to believe that Jason Goldberg honestly didn’t know better (he may have, but it doesn’t seem so). In fact, he has since made a conscious effort to improve in this area. But Myers, founder and CEO of Talent Zoo, who gleefully participates in this release offering quotes like “It always frustrates me to learn about hard working people who lose their jobs,” knows exactly what he did. And in addition to being possibly insincere, he knows it was wrong to do.

If we take my first Jobster analogy, that alludes to the sinking of the Titanic, then this release can be likened to the captain of the Titanic's sister ship, HMHS Britannic, saying “I’m sorry to hear about 1,522 who perished in the accident, but maybe they should have sailed with us.”

If Forbes, which once awarded Talent Zoo with "Best of the Web" for niche job boards, doesn’t write this release up as “Best New Release Blunders,” then I hope The Wall Street Journal picks it up because Myers deserves his 15 minutes of fame on this issue. Luckily, most editors filed the release under "amusing, but trash."

Tomorrow, I'll offer how Talent Zoo could have turned this release into major headlines instead of a forgettable heckle; they didn't have to mention Jobster to do it.

Polarizing The Issues

Jonathan Adler's The Volokh Conspiracy recently noted the New York Times article pointing out that there is much more to the climate change than "believers" and "heretics" in the debate about global warming. After presenting what he calls a great step toward the "middle ground," the post spirals away into 90 comments that are largely polarized on this issue once again. It's a shame because polarization is non-communication and it's all too common in the United States.

Regardless of the issue, any time two sides become too firmly entrenched in their views and opinions, screaming that they are right and all dissenters are wrong, any potential action on this becomes paralyzed. And unless things change, the debate is already pointless because nobody is listening anyway.

It's the same same in any group environment, whether individual, political, or commercial. If an argument becomes a battle of wills in the household, community, business, or industry, then the debate is already over. And, once labels are attached to the opposing sides, there is hardly ever any room for the middle ground.

Although what author Andrew Revkin calls a "third stance" emerging that "challenges both poles of the debate" hardly seems like a third view to me (suggesting that since we're unwilling to fix the problem we may as well invest in disaster preparedness), a more tangible third view is unlikely to surface as long as the polar views are willing to drown out new voices. As I said, non-communication.

Perhaps with a hint of sarcasm, I blame Al Gore. He had an opportunity to share facts in “An Inconvenient Truth" and mostly he did, with exception to several moments of political bitterness. One would think, after running for president, he would have learned by now to stay on message. If it was about global warming, then maybe that would be enough.

The American media could use a shot in the arm on this issue and others too. Do we always need two talking heads taking the polar position on each and every view? Sure, I appreciate "controversy" is one of a dozen or so definitions of news, but I dare say the public is becoming addicted to rubbernecking accident scenes. Based on blog searches alone, controversies seem to rule the day.

Meanwhile, as we play polarization in the United States, the British government announced a 100 million pound fund to help the National Health Service in the battle to beat the global warming crisis. The fund is intended to help hospitals and other health sector buildings cut carbon dioxide emissions, increase energy efficiency and reduce energy consumption.

"Whilst there is much more we need to understand - both in science and economics - we know enough now to be clear about the magnitude of the risks, the time-scale for action and how to act effectively," Sir Nicholas said, who recently released a review that global warming could shrink the global economy by 20 percent.

It's a global review that is gaining traction elsewhere in the world, even if it is not so in the United States. The only reason it is over there and not here, in my opinion, is because the the British, although they too disagree, seem less addicted to polarization to such a degree that politicians will actually switch positions on an issue once they learn it is embraced by an opponent or opposite party. Sure, contrast messages work in politics, but not so much when they are fabricated for the sake of contrast.

From a communication observation that can be applied anywhere, keep in mind that polarization is non-communication. Whether it is a small issue like "should blogs allow anonymous comments or not" to very big issues like "should we store nuclear waste at Yucca Mountain" or not.

In conclusion, on the issue of global warming, the debate is over. Everybody lost. Now that it is over, can we please get to the business of saving people from global warming, because it seems to me that people will need more saving than the planet.