All Streisand Effects Considered

from the drive-time-radio dept

The Streisand Effect is getting a bit more coverage these days. After the Associated Press mentioned it the other day, I got to sit down and talk with Robert Siegel for today's "All Things Considered" where we discussed The Streisand Effect starting with the Wikileaks case and moving on to some other cases where the Effect clearly made an appearance. If this keeps up, maybe we can look forward to a day when lawyers think twice about trying to force perfectly legitimate content offline.

Reader Comments

Subscribe: RSS

View by: Time | Thread


  • identicon
    Anonymous Coward, 29 Feb 2008 @ 8:23pm

    Wishful thinking. Unless the laws are changed, they're gonna do whatever is legal. Even then you have to wonder about some.

    It all come back to Congress (for the US). As long as only millionaires can effectively run, not much is going to change.

    reply to this | link to this | view in chronology ]

    • identicon
      Moogle, 1 Mar 2008 @ 6:05am

      Re:

      Well, sure, lawyers can do what's legal, and even what isn't. The point is that what they do will not necessarily accomplish what they want.

      "Do" entails suing people, making a stink, etc. Removing something from the public eye isn't something you can do, it's a possible and as we're seeing somewhat unlikely outcome of what someone can "do".

      It's very important to realize that the legal system has no say about what's right or wrong. It can only attempt to influence behavior by attaching more results to an action. In this case, there's not much point to changing a law, because the attempted behavior by lawyers had the worst possible outcome for their client in this case - news agencies all over the world are talking ABOUT wikileaks.

      reply to this | link to this | view in chronology ]

  • identicon
    Kevin Poulsen, 29 Feb 2008 @ 9:21pm

    I heard you on my drive home. Nicely done.

    reply to this | link to this | view in chronology ]

  • identicon
    Charming Charlie, 1 Mar 2008 @ 12:11am

    Who coined the term "Streisand Effect?" Until now I had never seen it outside this site.

    reply to this | link to this | view in chronology ]

  • identicon
    publius, 1 Mar 2008 @ 2:33am

    The rich irony is that if Streisand litigates for defamation it would only serve to highlight and further establish this phenomenon. Well done.

    reply to this | link to this | view in chronology ]

    • identicon
      ehrichweiss, 2 Mar 2008 @ 2:36pm

      Re:

      She couldn't do anything about it anyway, and besides she should be more than aware of the tag with her name on it because it's named after one of her attempts to silence someone; obviously it failed.

      reply to this | link to this | view in chronology ]

  • identicon
    mike allen, 1 Mar 2008 @ 2:51am

    nice one mike

    Heard the broadcast on your link great to charming charlie click the blue bits in the article jeeeez.

    reply to this | link to this | view in chronology ]

  • identicon
    rstr5105, 1 Mar 2008 @ 8:05am

    npr not working

    Hey mike, tried to listen to you on NPR.ORG and for some reason the stream won't start. Anyone got a good mirror for this?

    reply to this | link to this | view in chronology ]

  • identicon
    Saygin(?), 1 Mar 2008 @ 8:18am

    Kudos

    Mike,

    Heard the interview on ATC last night. Excellent! Kudos on the recognition and your ongoing insightful analysis at Techdirt.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 2 Mar 2008 @ 12:02pm

      Re: Kudos

      Likewise, mike, all things considered is an excellent distribution platform for the term. And the term functions well as a solid codification of the idea, which in turn solidifies people's understanding of the term and the effect. Way to go in creating an idea which will live on long after you, and heres to hoping you can create more! And here's to hoping it ends up as the trendy word of the year alongside truthiness et al

      reply to this | link to this | view in chronology ]

  • identicon
    John Vore, 1 Mar 2008 @ 9:31am

    I'm not a lawyer, but I've paid a lot of money to lawyers to cover intellectual property, from trademark to copyright to a patent attempt.

    The basics, as I understand them are this: if you don't actively protect your intellectual property, if someone comes in and steals something, in court you can lose the case. "Use it or lose it," is, to my understanding the "rule," here. So while these incidents may seem trivial to outsiders, the way i.p. works in the United States makes it necessary to go after trivial stuff in order to avoid having to fight a major battle later on.

    This isn't to say that there aren't other reasons at work--and it does not address Ms. Streisand's concern. She's a public figure--and there's the key on that tangent: "public"--meaning she goes on stage to make money. And she has people who manage her public image. I doubt any of them live in her home, and I doubt her home is someplace where she rakes in the dollars.

    We need to think through all of these ideas very thoroughly as our technologies become more and more ubiquitous...in the least, we need to adjust our expectations and realize that in the now-future, everyone is a potential public figure just waiting to happen...

    reply to this | link to this | view in chronology ]

    • icon
      Mike (profile), 1 Mar 2008 @ 10:57am

      Re:


      The basics, as I understand them are this: if you don't actively protect your intellectual property, if someone comes in and steals something, in court you can lose the case. "Use it or lose it," is, to my understanding the "rule," here.


      There are a few points here. First off, the Streisand Effect isn't just about intellectual property claims. In fact most recent examples (such as the wikileaks case) are not. Second, as I was just discussing the other day, the "use it or lose it" claim is not quite accurate.

      First, it does not apply to copyright or patents. The only area where it sort of applies is trademark. But the issue there isn't that you *have* to sue everyone (or threaten to sue everyone) but that you need to make reasonable efforts to prevent the mark from becoming generic. That doesn't mean suing everyone.

      reply to this | link to this | view in chronology ]

  • identicon
    Lucretious, 2 Mar 2008 @ 7:26am

    odd that the term still hasn't made it into Wikipedia. C'mon guys, lets get the ball rolling on this one.

    reply to this | link to this | view in chronology ]

  • identicon
    Lucretious, 3 Mar 2008 @ 3:51am

    Uh. It's been on Wikipedia for quite some time:

    wtf was I entering then?

    *shrugs*

    reply to this | link to this | view in chronology ]

  • icon
    Killer_Tofu (profile), 3 Mar 2008 @ 5:59am

    Awesome!

    Mike, very glad to hear you got onto NPR.
    Go figure its just a hair after I got back into listening to CDs on my way home.
    Thank you for the link.
    Will listen to it later this morning.

    reply to this | link to this | view in chronology ]

  • identicon
    bshock, 3 Mar 2008 @ 9:27am

    Heh.

    Lawyers thinking twice. That's a good one. You should definitely explore a career in humor.

    reply to this | link to this | view in chronology ]

  • identicon
    bshock, Bite Me, 3 Mar 2008 @ 11:12am

    You think lawyers file lawsuits for the fun of it? Most lawyers advise their clients not to go to court because we know that it usually isn't worth it. Some clients don't listen.

    Why blame a lawyer when they are just following their clients wishes?

    reply to this | link to this | view in chronology ]

  • identicon
    Joseph Durnal, 5 Apr 2008 @ 8:45am

    I'm way behind

    good interview :)

    reply to this | link to this | view in chronology ]


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Use markdown for basic formatting. HTML is no longer supported.
  Save me a cookie
Follow Techdirt
Insider Shop - Show Your Support!

Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.