RSS Feeds: Does posting third-party sydicated content as an RSS feed on my web site create liability?

Question: "We publish RSS feeds on our community portal - EverythingLubbock.com. I wanted to make sure that there were no rules or restrictions about syndicating RSS feeds on our site."

LinkedIn: Answers: Are there RSS laws or restrictions on Internet syndicated information?

RSS in and of itself presents several traditional legal issues that need to be considered, but there is no specific "RSS" law. You don't mention the type of feeds you are intending to publish, and Several BitTorrent-based peer-to-peer applications support RSS, but I am assuming you are not going to be facilitating Broadcatching like data feeds.

The legal issues you will face, (aside from the contract issues of the RSS syndicator), are similar to the issues faced whenever you are allowing user generated content (UGC) to be presented on your site. First, you are likely acting as an interactive service provider under the Communications Decency Act (CDA), and you will have general publisher immunity. If, however, you start editing the RSS feed and become a content provider by making editor-like decisions you need to be very careful since you might lose your immunity (an example, although not on point, is the roommates.com case in the 9th Circuit). If you are going to take a feed, don't try to edit the content.

Assuming you have immunity, you do not have a problem with product disparagement or defamation. However, immunity does not apply to a copyright infringement claim, and knowledge or intent is not necessary, but you can get immunity under the Digital Millenium Copyright Act (DMCA) if you follow the provisions of that law. As far as trademark infringement goes, if you are notified of an infringement, or you have actual or constructive knowledge of an infringement, you must act reasonably and promptly to stop it. If not, you may have contributory trademark infringement exposure. There are also privacy and commercial exploitation issues to consider, but both of those are usually covered by the immunity provisions of the CDA.

You do have exposure for contract commitments you make in your site's user agreement if the feed content violates a term of the contract. For instance, a site "dedicated exclusively to the remediation of alcohol problems" in which you promise that all information on the site is abstinence-oriented could open you up to liability if your feed content contradicts that promise by either carrying headlines or linking to content through the feed. That is just an example.

Technorati Tags: rss, sydication, dmca, copyright, CDA, UGC

Whistleblowers & Wikileaks: Using the First Amendment to Uncover Wrongdoing.

Wikileads » Interview: Attorney who represented a Wikileaks Facebook group officer against Bank Julius Baer explains flaws in the bank's legal logic

What about Wikileaks? Could they get in trouble for leaking a classified document - even when the document proved Bank Julius Baer was breaking the law?

“The Cayman Islands bank. What do those guys do?” Koltun said. “They provide anonymity for people who are hiding money from the IRS.”

“The bank secrecy laws of offshore tax havens are designed to break the laws of other countries,” Koltun said about the Cayman Islands, Switzerland and other countries known for secretive banking practices.

But when information about these banks leaks, “law enforcement in America is all over that,” Koltun said. U.S. law does not follow the privacy laws of other countries, Koltun said, citing the current debacle about leaked Liechtenstein bank documents as an example.

Leaking secret bank documents is illegal in some countries, but in the U.S., the opposite is true. Holding onto documents that you suspect contain evidence of wrongdoing could get you in trouble with the law. It’s against public policy to keep a crime under taps.

What about Wikileaks? Could they get in trouble for leaking a classified document - even when the document proved Bank Julius Baer was breaking the law?

The Cayman Islands bank. What do those guys do? Koltun said. They provide anonymity for people who are hiding money from the IRS.

The bank secrecy laws of offshore tax havens are designed to break the laws of other countries, Koltun said about the Cayman Islands, Switzerland and other countries known for secretive banking practices.

But when information about these banks leaks, law enforcement in America is all over that. U.S. law does not follow the privacy laws of other countries, Koltun said, citing the current debacle about leaked Liechtenstein bank documents as an example.

Leaking secret bank documents is illegal in some countries, but in the U.S., the opposite is true. Holding onto documents that you suspect contain evidence of wrongdoing could get you in trouble with the law. Its against public policy to keep a crime under taps.

Technorati Tags: wikileaks, whistleblower, cayman

Google To Allow Trademark Use In Adwords Adverertising

FT.com - Anger at Google's keyword shift

A sudden change in Google (NASDAQ:GOOG) 's policy on brand-name advertising in its search results has angered British advertisers, even as it opens up competitive opportunities in search marketing.

From May, Google will allow anybody to buy trademarks as "keywords", allowing rivals' sites to appear in sponsored search results when users query a specific brand or company name.

Critics say the decision will inflate costs of keyword advertising, set by auction, and will confuse consumers seeking particular companies' websites. "The changes mean competitors are going to start bidding against brand terms," said Phil Sheard, e-marketing manager at PlusNet, an internet service provider owned by BT. "It will force companies who aren't [already] advertising against their own terms to start doing so to get representation."

We have previously posted about liabililty for use of trademarks in Google Adwords campaigns in the following post:

• Google Adwords Campaigns Can Support Trademark Infringement Litigation
• More Commentary on the Vulcan v. Google Cybersquatting Class Action
• Parking Pages Can Create Risk Of A Finding Of Bad Faith Under the UDRP

Technorati Tags: trademark, google, adwords, google