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SXSW / 2008-03-10 20:06:24

Jason Schultz = EFF on michael crook

  • michael crook sent a DMCA takedown notice to take out his photo from fox.

SXSW / 2008-03-10 19:37:05

why not celebrate the worst of the haters?

  • what would that do?
  • think about that
  • he’s stopping for any questions

SXSW / 2008-03-10 19:32:17

Openness As Legal Tool

The answer to speech you don’t like is more speech.

SXSW / 2008-03-10 19:39:53

Filmmaker Arin Crumley

  • He had some stuff stolen and posted this video
  • He was robbed at a great party
  • At the end of the night the coat was stolen with his passport and the coat area
  • He goes on to share this video with friends
  • Tons of people call him a jerk for this !

SXSW / 2008-03-10 19:51:34

patti @ timbuk2 feels they got lucky

  • based in san francisco
  • grew up with adobe
  • one of the first product companies adobe used as an example
  • way more exposure than we deserved early
  • this company came up on the back of working messengers
  • weird investor
  • now we have a fanbase that loves the bags
  • quality product and customization has helped us tons
  • if you build your bag it’s more yours than anything off a shelf
  • this has kept us active in the community
  • all the images on the site are community-sourced
  • we’re selling patches by artists they like
  • you start to be more available to your customers
  • we’re not that controversial beyond that though.

SXSW / 2008-03-10 19:28:54

"negative attack ads"

  • you have to respond fast to the other candidate’s issues
  • timeliness is critial
  • not a contradiction but a challenge

SXSW / 2008-03-10 19:34:13

should you wait 24 hours or respond quickly ?

  • being proactive is good isn’t it ?
  • patti’s point is that you need to know yourself.
  • sarah lacy needs more time to collect her mind
  • it wasn’t fair to corner her but she let it happen too
  • be aware of your cooling-down period

SXSW / 2008-03-10 19:33:15

DMCA

  • the copyright violation idea was used to protect his reputation
  • EFF saw this as a “chilling effect”
  • Michael Crook’s image now got even worse as random users start hacking his image

THEN he apologizes.

SXSW / 2008-03-10 19:37:42

Don't take it personally

  • i’ll just wait for 24 hours until I’m calmer and have more perspective.

SXSW / 2008-03-10 19:27:48

Celebrate Your Critics

  • Bitgravity’s Brian Shaler
  • he can take a joke
  • why not try some negative publicity?
    • “there’s no such thing as bad publicity”
  • by celebrating it, it turns criticism into a bad joke
  • critics get pulled into the bad joke and that ends up being all there is to it.

SXSW / 2008-03-10 19:31:13

Then His Apology Sucked

  • he was of the impression that you could control your image if you disagreed with the intent.
  • He Was Wrong.

SXSW / 2008-03-10 19:39:17

The EFF made Crook a human being

  • Nobody took the apology that seriously
  • But it still changed the terms of conversation around MC
  • Openness can be used as a legal tool.

SXSW / 2008-03-10 19:40:35

"Griefer Madness"

  • Michael Crook
  • he shows the interview from hell
  • he’s on hannity
  • hannity keeps on picking quotes like “the us military is retroactive abortion”
  • this guy has now destroyed his own reputation
  • he’s done all the work for hannity
  • the image on fox news becomes fodder for critical bloggers

and then it gets WORSE

SXSW / 2008-03-10 19:34:57

Online Reputation Is Very Permanent

  • Is it OK to make someone wear a scarlet C for copyright-abuser?
  • EFF really nailed him to the wall for this
  • “If you put yourself out there on the net you have a responsibility to own up to that.”
  • We thought it was appropriate that he would have to own up for that on the video
  • But if anything happens online you can make that fall away by doing good things
  • It’s an incentive to do good and productive things
  • Jason goes on to talk about how he believes that openness accrues to his benefit.

SXSW / 2008-03-10 19:41:27

Jason Schultz gets called a mob attorney/ambulance chaser

  • This can really damage your standing with the bar
  • Try not to say bring it on
  • Because he stood for free speech with the EFF he got criticized by big companies.

SXSW / 2008-03-10 19:43:20

Context Matters

  • Miller shows an avatar instead of her on video
  • She does not want to be interviewed on video
    • Openness would make her less effective in her job
  • She doesn’t take it to an extreme
  • “I would prefer to be an open person but there’s no doubt that some poeple in the social justice arena are more conservative…
    • ...she likes to wear outrageous things that get on blogs”
  • I don’t like it when people google my name
  • Being open in her professional life would suck

SXSW / 2008-03-10 19:44:26

Take It Down Please

  • Use a different name – or at least just my initials
  • Separate those two worlds of professional and private
  • Open herself up personally to people who are total jerks
  • She doesn’t want to be on the firing line
  • There’s actually a safety issue

SXSW / 2008-03-10 19:46:35

Controversy and damage

  • “You would tend to look at all my other work first”

SXSW / 2008-03-10 19:47:54

WHAT ABOUT THE EMOTIONAL HURT ?!?!

  • HOW CAN WE BE CALM AND CENTERED DESPITE THE ANGER
  • A great question.
  • These are extraordinary people
  • Others are afraid to come near the toxic sludge of ugliness
  • Often it just fades away
  • But the emotional stuff is the most mystical part
  • Clearly Michael the filmmaker has a thick skin
  • He’s been doing it a long time
  • Every time we get a critical comment on our business it hurts.
  • But the act of responding and engaging is actually transformative.
  • The act of engaging does act as a salve for the emotional hurt

SXSW / 2008-03-10 19:55:20

Accidental Controversy Can Villainize You

  • Wasn’t really aware of the DMCA or any of the implications
  • DMCA is used by big corporations to go against the little guy
  • A person in her situation would be considered a littleguy
    • but these art dumbasses called her a big corporation
    • techcrunch was against her
  • She represented her side of the story well
  • Other artists came to her defense eventually
    • They also felt their work was being stolen
  • Despite that rocky three weeks she has so many clients now

Her willingness to stand up for her rights made her very popular as a photographer.

SXSW / 2008-03-10 19:49:23

"That last video has enraged the internet."

  • The world has become a very hostile place
  • I put together a mashup with an acoustic guitar
  • it’s hysterical – he took quotes from haters and made a song of it

he totally transformed it = a JUDO MOVE.

SXSW / 2008-03-10 19:53:10

Privacy And Free Speech

  • Lane Hartwell the photographer goes to lots of conferences and parties and takes photographs
  • She was just trying to deal with a copyright violation in a private way
  • It became very public because everything in the artistic arena is directed at the public arena
  • This was supposed to be a private negotiation but that’s impossible
  • She was forced to give up her privacy in the pursuit of protecting her reputation

SXSW / 2008-03-10 19:57:25

How About Attacking Others Responsibly?

  • Some people need to be chastised.
  • GetSatisfaction has given this a lot of thought.
  • Part of it is tone, part of it is creating a responsive context

SXSW / 2008-03-10 19:58:47

WHAT ABOUT STALKERS?

  • If they’re under true attack like a celebrity.
  • NO ANSWER.

SXSW / 2008-03-10 20:00:20

CREATE AN ARMY TO TELL YOUR STORY FOR YOU

  • your mission as a company can be engaging with customers
  • use getsatisfaction
  • start using your voice again
    • 7 year hiatus
  • when I came back we used to be snarky and we had lost that in those seven years
  • start being snarky again
  • timbuk2 had no point of view in the interim
  • she sent out funny emails
    • “here today gone tomorrow just like that jerk who stole your virginity”
  • there was a lot of heat
  • there is 110,000 ppl who have opted in for us
    • they register and become evangelists
  • it just exploded via netnewsaggregator
    • timbuk2 got this “it is not funny to joke about rape” anger
  • correspondence with her directly
  • of course i don’t want rape!
  • but on the blogs
    • other people who were evangelists responded “chill out folks!”
  • we’ve seen that kind of defense happen on getsatisfaction
  • she’s amusing but more conscious and careful about what I think is funny.
  • unless you’re in the presence of someone who knows the real story you must be more sensitive
  • other people have never heard of you
  • use a much more casual voice with customers
  • unofficial – conversations going back and forth
  • we do make a lot of mistakes
  • when you decide to be vocal and give your people the chance to talk with consumers you make mistakes
  • be honest
  • don’t speak from a defensive point of view…

SXSW / 2008-03-10 19:23:30

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