The Buck Stops for Flashing Bloggers: Imeem, Ioda, PicApp

photo © Nikki Levine for openphoto.net CC:Attribution

I've just interviewed with four social media companies in two weeks and one thing is certain, bloggers are getting mad respect. The citizen journalist is no longer just a self-declared pundit typing in the dark. In the last five years traditional media owners have watched their audiences (even the Baby Boomers) turn from passive viewers to active producers. Social media and P2P have threatened the revenue models of so many big players that lawyers across the country are paid huge retainers to sit poised with cease and desist notices. The question is, do bloggers actually see legal action as a threat?

GETTING FIRED, GETTING SUED
In November 2006, Nick Douglas, a college student turned tech blogger, was fired from Gawker Network's Valleywag, after joking on the R.U.Sirius Show that one of his goals was to get sued. Known for his coverage of Google executive love triangles and tabloid-style coverage of the tech industry, Douglas joked that legal prosecution for libelous coverage would prove the site's importance in the tech industry.

I can't say this model wasn't partially correct at the time.

In 2006, DMCA (Digital Millennium Copyright Act) notices were being served up like pesto aioli. At some point, content owners and those with poor web karma began recognizing a unique opportunity to silence the citizen blogger without all of the legal fees. A few, like Michael Crook, simply began sending fake notices. However, on November 1, 2006, the Electronic Frontiers Foundation and 10 Zen Monkeys filed a legitimate lawsuit against Crook for his intentional abuse of the DMCA to silence criticism. From there bloggers and forum users had a field day and posted Photoshop contests with Crook as Hitler, Napolean, Saddam Hussein and Miss Piggy. In the end, the EFF and 10 Zen Monkeys won the fight for justice and the fight for increased page views. Michael Crook was branded un-democratic and was thrown to the villagers with pitchforks.

The Lesson Here: The burden of proof and legal action is placed on the content owner.

Stealing content is a mere right click or screen shot away. Why would the internet Gods make it so easy to steal if they didn't want us to do it? As bloggers and indy content producers, is our moral responsibility to obey the law, or is it to provide an alternative to big media?

FLASHING THE AUDIENCE: IMEEM, IODA, PICAPP
Big content owners have begun to realize that their content will be distributed by strangers whether they like it or not. A few pioneering companies are actually banking that blogger embedded content will yield new revenue.

Both the Independent Online Distributors Association Promonet and Imeem provide engines to embed audio files. Meanwhile, PicApp allows bloggers to embed professional stock photography images. All three of these services use Flash to play the content rather than actually distributing the original files. Within the embed code there is also a direct link to an online retailer - be it an artist site, iTunes or Getty images.

Basically the three companies rely on the fact that bloggers will use their high quality content, online retailers will gain new audiences and flash app programmers will receive a revenue share for online purchases. So when does the blogger start the chain of revenue-generating events?

TO AD OR NOT TO AD
At some tipping point, usually when an audience gets large enough, a blogger decides whether he/she wants to go legit and/or make money, or keep it small and keep their day job.

Bloggers who've looked to monetize have often opted for embedded relevancy-based text advertising such as Adwords. However, when the blogger is cut out of the revenue model as with Ioda, Imeem and Pic App, will they still be willing to embed advertising code?

The answer may depend on our diverse perspectives on the law. While many refuse to honor the DMCA or simply embed royalty-free or commons registered content, others want the wider selection of traditionally licensed works without facing legal repercussions. Ioda, Imeem and Pic App seem to fit the bill for the latter. Only time will tell where the web will turn...

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The Buck Stops for Flashing Bloggers: Imeem, Ioda, PicApp

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