I love real-world analogies. I think analogies are vital in trying to understand any issue, and I stand by that here. So, toward that end, I propose that not knowing blogs are public is like not understanding the acoustics of the room in which you are speaking. If someone on the other end of a concourse in a heavily trafficked mall hears what you were saying to your friend because the sound bounced in an unexpected way (no sound-augmentation equipment was used), do you really have any right to ask the hearer to keep quiet about what you said? I think that knowledge determines behavior. Ignorance might lead to behavior which the agent might later regret, but it does not mean that the obligations on those around the agent are different. Or? Conor Michael Zimmer wrote:
yes, but again, we're assuming the uber-blogger. Let's say my Mom starts a blog, must we expect her to master password settings and the like? Do only the technically-proficient benefit from protections, rather than the average (or below) publishers of web content? -mz
On Aug 14, 2007, at 7:54 PM, Jeremy Hunsinger wrote:
Let's keep in mind that it is easy enough to make a blog with differing levels of access and thus private messages can stay private and public can be public. There is no reason to license anything really, you just have to properly configure your blog if you want private sections. On Aug 14, 2007, at 6:35 PM, elw@stderr.org wrote:
Copyright does not let you pick, but what if I include a restrictive license? Someone earlier suggested a "Researchers May Not Research Me" license, for example. How far may "Terms of Service" extend? Even if I do not have password protection, couldn't readers be exposed to a clickwrap license (ToS) on reading my blog?
General consensus among attorneys I know has long been that clickwrap licenses on *software* are questionable. By extension, I believe that such a thing on a blog post would be even more so.
ToS/"don't research me" leads you quickly to the slippery slope down which such themes as "thoughtcrime" lie....
--e _______________________________________________ The Air-L@listserv.aoir.org mailing list is provided by the Association of Internet Researchers http:// aoir.org Subscribe, change options or unsubscribe at: http:// listserv.aoir.org/listinfo.cgi/air-l-aoir.org
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Jeremy Hunsinger Information Ethics Fellow, Center for Information Policy Research, School of Information Studies, University of Wisconsin-Milwaukee (www.cipr.uwm.edu)
Words are things; and a small drop of ink, falling like dew upon a thought, produces that which makes thousands, perhaps millions, think. --Byron
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