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Apple Paying $700,000 for Bloggers' Legal Fees Sends Message

Sean Kelly's picture
Posted Thu, 2007/02/01 - 19:44 by Sean Kelly

While the circumstances of this case are different than those involving franchise companies, the ruling that Apple must pay the $700,000 legal fees incurred by bloggers in defending themselves from the computer giant's litigation sends a powerful message.

Blogging could transform the way that franchise opportunities are discovered, researched and selected by prospective franchise owners... for the better.  The blogosphere provides the forum, for the first time, for prospective franchise buyers to find timely news, discussion, comments, and the insider insights they need to make what will be, for most of them, the largest and most significant investment of their lives.   Bloggers have the opportunity to provide praise for the best companies, and expose the controversies that surround the worst.  But bloggers will only be able to provide this much-needed information and perspective if they can communicate (at least responsibly) without fear.

Read the story here:  Apple pays $700,000 for bloggers' legal fees

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Big Money for Lawyers Helping Bloggers by Don Sniegowski
Don Sniegowski's picture
Submitted by Don Sniegowski on Wed, 2007/02/28 - 08:32.

Great news that is relevent to our blogging community.  So the Electronic Frontier Foundation and counsels received $425,000 of the $700,000 awarded? That's enough to motivate any lawyer to help bloggers against companies who try to muzzle the blogosphere. Bob Frankman lists an association that works pro-bono. Here are the two links for anyone out there who feels strong armed to censure their experiences by corporations.

Just 'the Facts, Ma'am' by Don Sniegowski
Don Sniegowski's picture
Submitted by Don Sniegowski on Wed, 2007/02/28 - 08:32.

The best thing for making one's case here in Blue MauMau and to avoid the slightest legal risk is to watch one's accusations. As one of our fellow bloggers and a legal eagle Paul Steinberg stated so well, it is just good persuasive skills to stick to the facts and avoid defamatory conjecture.  i.e. Using adjectives like "crook" will catch the attention of corporate lawyers. 

Leaving aside questions as to whether defamatory as a matter of law, I would suggest that a conclusory assertion such as "X is a lying website-altering crook" is less persuasive than setting forth facts and letting the reader connect the dots. As a trial lawyer once told me: "Don't chase the rabbit down the hole. Lead the jury to the hole, show 'em the rabbit, and let the jury chase him down the hole." - Paul Steinberg

  • State your experience (while avoiding the expletives and conjecturing adjectives - so take a breather first) or the facts around the matter
  • Create weblinks to other sites that expand and support your thought
  • Attach collaborating documents to your post (*.pdf, *.doc, *.txt, *.xls, etc.).
  • And if you REALLY want to catch our sympathy, keep your sense of humor. Use self-deprecating jokes about the horrible, horrible plight you are in.

Our readers will then chase the rabbit down the hole.

Having said all of the above, the most important thing is to be yourself. Tell the truth! The truth is the best defense of all. Our readers can tell and will respond, even if the persuasive elements are botched.