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Hawaii Court to Decide if a Blogger is a Journalist

There’s an interesting case, going on in Hawaii, that could have far reaching ramifications for bloggers. A judge has ordered Malia Zimmerman of Hawaiireporter.com to submit to questioning which would force her to reveal her confidential sources.

…Zimmerman, an editor and reporter for the Web site, says she is a legitimate journalist, not just some hack who offers half-baked commentary on the news of the day.

“Any journalist who gives their word that they’ll protect somebody’s information or keep them in confidence, you have to abide by that,” Zimmerman said. “It’s not the medium you publish in, it’s what you do with that information.”

ValueClick Announces FTC CAN-SPAM Investigation

It doesn’t look like lead-generation company ValueClick is going to the acquisition-ball anytime soon. It’s unlikely that anyone will want to acquire the company until it’s had the chance to respond to a Federal Trade Commission investigation.

According to ClickZ, ValueClick filed a Form 8-K (which is basically SEC talk for “we have something material to tell the world”) revealing the FTC is investigating the company for possible violations of the CAN-SPAM act.

“We continue to believe that we are compliant with all current state and federal regulations pertaining to our lead generation activities, and we intend to fully cooperate with the FTC in connection with their inquiry,” John Ardis, vice president, corporate strategy for ValueClick, told ClickZ in an e-mail.

Judges Want Fair Use of Google Porn

If you’re one of the many Google Image users that have not turned on safe search, you’ll likely be glad to know that the U.S. Court of Appeals has overturned a previous ruling that would have forced Google to remove thumbnail images of porn taken from the Perfect 10 web site.

The appeals court ruled that the thumbnails fell within a “fair use” exception in copyright law because they play a role in the search process and thus have a function different from that of the original photos.

“We conclude that the significantly transformative nature of Google’s search engine, particularly in light of its public benefit, outweighs Google’s superseding and commercial uses of the thumbnails in this case,” Judge Sandra S. Ikuta wrote for the panel.

The Next Hot Marketing Ploy? Find a Way to Get Sued!

Forget search marketing, viral marketing or even social marketing, there’s a faster way to get your company in the spotlight – get sued by a bigger company.

Don’t believe me? Take a look at all the publicity that social network Imeem is now getting, thanks to a law suit slapped on them by Warner Music.

The suit, filed Tuesday in the U.S. District Court for the Central District of California, claims that “Imeem is no innocent infringer. It invites Imeem’s millions of users to flock to its website to copy, adapt, distribute and perform unlicensed sound recordings and music videos.” A statement from Imeem was not yet available.

Yahoo Sued for Misleading Stock Owners Over Panama Launch

The law firm Lerach Coughlin has issued a press release seeking additional Yahoo share holders to join them in a class action law suit claiming the search engine misled stake holders.

The bulk of the complaint surrounds allegations that Yahoo’s ad platform has caused it to lose market share, undermining revenue.

The complaint alleges that Yahoo!’s stock rose precipitously on defendants’ positive statements concerning Yahoo!’s sales growth, record reported revenues and earnings and strong business fundamentals, which defendants stated would provide further stability and growth, reaching a Class Period high of over $43 per share on January 6, 2006. However, concealed from investors was the fact that due to operational deficiencies in its ad technology, Yahoo! was rapidly losing market share to Google and other search engines and Web destinations that would significantly undermine its revenues, earnings and value.

Belgian Newspapers Wake-up to Reality, Allow Return to Google’s Index

It only took the Belgian newspaper industry 8 months to figure out that blocking Google from their content, is a pretty dumb move.

While the courts haven’t yet decided on whether they want back in to Google News, they are graciously allowing Google to index their newer content and send them visitors. How kind of them. ;-)

Google Decides to Fight Back Hard Against Viacom

Google has filed an answer to Viacom’s copyright lawsuit and according to Rob Hof’s summary, the search engine is not taking any chances with its defense.

First up, Google contends Viacom’s suit goes against the principles of the Digital Millennium Copyright Act (DMCA).

“By seeking to make carriers and hosting providers liable for Internet communications, Viacom’s complaint threatens the way hundreds of millions of people legitimately exchange information, news, entertainment, and political and artistic expression.”

If that doesn’t work, Google’s next defense is the Safe Harbor provision…

“We actually got well above and beyond what the law tells us to do,” such as marking copyrighted files that have been taken down once, so they’re immediately taken down the next time they’re uploaded, and a 10-minute limit on uploaded videos, which prevents full TV episodes from even getting posted.