Friend is being...censored... help?

[AlNom]

My friend wrote a rather inflammatory blog post (rants) regarding a company's software that the department uses. SOMEHOW the company linked the blog to my friend, and his boss just sent him an e-mail telling my friend to remove the blog post and to never write about this company or the software. The boss doesn't "want to jeopardize our relationship," citing that the company "lent" several licenses of its software for use in the summer by summer students like my friend.

So um... what happened to freedom of speech? And for that matter, is this even legal?

My friend doesn't want to contact the FOIP (Freedom of Information and Protection of Privacy) department at the moment fearing damage to his own reputation and standing with his boss; his boss has contacts at another company that my friend wishes to apply to in the future.

ugh.

 

[Tim Murray]

Solution: Don't have a blog. Seriously, they are nothing but trouble. With Google, MySpace, Facebook, whatnot, you can figure out whose blog is whose pretty easily.

Is it legal to ask him to take it down? Sure. Is it grounds for termination? Depends on his contract, but it wouldn't surprise me. Should he take it down in order to have a good relationship with his boss? Oh God yes. You shouldn't screw yourself over because of something that trivial.

 

[AlNom]

oh hey, sorry, I should clarify that the software is from another company. But I see your point. Man this sucks

edit: two companies. My friend works for one using the software of the second company.

 

[Frank]

Don't write things down if they can have legal consequences. Tell it by phone or (best) in their faces, but don't use anything permanent like email, SMS, MSN, forums, letters, fax or whatever.

They got me a few times like that as well. Nothing you can do about it afterwards, really. Just take it as a lesson.

 

[AlNom]

hm... well, I can understand that the words can harm business. I guess I'm personnally shocked that they would go after a single blog. :/ It's just a little odd how they connected it to my friend so...precisely. I can guess how but anyways... Thanks for the advice.

edit: since I'm no law expert, what are the terms/grounds/circumstances called for legally asking him to remove the post?

 

[Dresden]

My friend wrote a rather inflammatory blog post (rants) regarding a company's software that the department uses. SOMEHOW the company linked the blog to my friend, and his boss just sent him an e-mail telling my friend to remove the blog post and to never write about this company or the software. The boss doesn't "want to jeopardize our relationship," citing that the company "lent" several licenses of its software for use in the summer by summer students like my friend.

So um... what happened to freedom of speech? And for that matter, is this even legal?

My friend doesn't want to contact the FOIP (Freedom of Information and Protection of Privacy) department at the moment fearing damage to his own reputation and standing with his boss; his boss has contacts at another company that my friend wishes to apply to in the future.

ugh.

Censorship is, in most cases, ATROCIOUS. Forum censorship is a prime example of this. I know there's a limit to censorship, and I'm not asking for porno on Nickelodeon, but censoring behavior outside the boundaries of pedophilic banter online is a crime I think deserves death. This company doesn't like a blog about their shitty software? Tough shit! Perhaps they should have stricter user testing, and actually strive to make reliant software. Feedback, whether positive or negative, is a form of criticism which ESPECIALLY developers should take to heart, and simply ignoring it and trying to cut off it's source is blasphemy. Hearing this type of thing makes me sick.

 

[Frank]

edit: since I'm no law expert, what are the terms/grounds/circumstances called for legally asking him to remove the post?

It probably doesn't matter any way: the (perceived) harm is done, and it is recorded. Unless your friend wants to make a stand and make it a public issue, it's best to comply, otherwise they will probably take legal action. They made up their mind and will follow through and all that.

Apologising also works well.

And if he/she doesn't want to back down: post it all over, /., and look for a lawyer and another job.

 

[AlNom]

Jim: yeah. I find it infuriating. They were comments about his experience with the software and service and was venting.

It probably doesn't matter any way: the (perceived) harm is done, and it is recorded. Unless your friend wants to make a stand and make it a public issue, it's best to comply, otherwise they will probably take legal action. They made up their mind and will follow through and all that.

I'm just curious myself. So perceived harm would follow through? Doesn't that require proving that it did harm? I'm a bit confused how this works.

He's going to keep quiet about it and apologize btw.

 

[Frank]

Jim: yeah. I find it infuriating. They were comments about his experience with the software and service and was venting.





I'm just curious myself. So perceived harm would follow through? Doesn't that require proving that it did harm? I'm a bit confused how this works.

He's going to keep quiet about it and apologize btw.

Most companies don't start a lawsuit because they're sure they can win because they're right, but because of the intimidation. And they figure they probably still win in any case because they have more money to buy better lawyers.

 

[nintenho]

This reminds me of the scene in Collateral.
"Tell him to take this big yellow taxi and stick it up his fat ass."

All I can say is don't bother him. He seemed to be nice about it.

And for fun, listen to this.

 

[Powderkeg]

If you're thinking of starting a blog or already have one, here's some advice to make sure your online diary isn't reason for your employer to let you go:

1. Know where your company stands: Ask about the company blogging policy before you start, even if you are doing it anonymously, one dismissed blogger advises. Does your company establish boundaries? Is blogging acceptable? Is it OK to mention your employer? Are there topics that are off-limits? What are the consequences?

2. Blog on your own time: If you are using company hardware, a company network or doing it on company time, you are likely bound by company policy and could be reprimanded or terminated for wrongful use, Haefner says.

3. Practice safe blogs: "Employees who go around sharing negative or confidential information about their company, product or service -- either internal or external -- to the company would and should get fired," says Pete Quintas, CTO of SilkRoad Technology, creator of an enterprise blogging application called Silkblogs. "You need to be honest and not secretive about what you are writing unless you are willing to deal with the consequences."

4. Don't hide it from your boss: Quintas says you should be honest about your blogging and ask your employer if it is OK to do. "I would consider it analogous to asking your employer: 'I have been invited to speak on a panel at this industry conference; can I participate?' "

5. Use good judgment: If you consider blogs and the Internet an extension of your voice, what you say on your blog about your company, product or service should be kept within the guidelines of what you would say in public, according to Quintas. "Treat it with the same restraint of how you talk in person about your company, remembering that more people have access to what you say," he suggests.

6. Others will disagree with you: You can't please all people all of the time. As with any communications medium, the best advice is to be aware of the repercussions your decisions may have, Wright warns. "Anytime you post, you are effectively making a choice between being safe and having something worthwhile to say," he says. "It's a rare occasion where you can both please everyone and come up with a new and engaging line of thought. Sometimes things you say will offend people, no matter where you're saying them."

http://www.cnn.com/2005/US/Careers/04/05/blogging/index.html

 

[Frank]

... or just find a job at a company where they don't mind. But even then: their customers might mind. And if they see something they think their customers might mind, it's just as bad.

So I agree: be sensible, ask your boss if you're not sure, or don't do it.


Then again, I sometimes do the same thing. But I take great care to keep things as general as possible when I do so, and not even hint at names or specifics. You can still rant pretty good that way.

 

[AlNom]

Thank you all for the info.

My friend is kinda new on that sort of ranting. Lesson learned.

 

[nintenho]

... or just find a job at a company where they don't mind. But even then: their customers might mind. And if they see something they think their customers might mind, it's just as bad.

So I agree: be sensible, ask your boss if you're not sure, or don't do it.


Then again, I sometimes do the same thing. But I take great care to keep things as general as possible when I do so, and not even hint at names or specifics. You can still rant pretty good that way.

Why would customers check up on the employees?

 

[Frank]

Why would customers check up on the employees?

They don't have to. It's your company that might think that those customers might notice that is the problem.

I can post a long list of things we (me, my co-workers and managers) can laugh and joke about, nobody cares or thinks is significant, but they would be horrified if they saw it in public print, thinking about the possible reaction of our clients if they saw and understood.

And we're really very open and honest about things, it would be things our clients have expressed or are suspected of not liking to become public knowledge.

You know someone there, you both like another, and you tell things you shouldn't. Or you're just making fun of the stupidity of the other, as you see it. Or even things like admin accounts and passwords. Such things would get you fired pretty fast, no matter.

 

[nintenho]

They don't have to. It's your company that might think that those customers might notice that is the problem.

I can post a long list of things we (me, my co-workers and managers) can laugh and joke about, nobody cares or thinks is significant, but they would be horrified if they saw it in public print, thinking about the possible reaction of our clients if they saw and understood.

And we're really very open and honest about things, it would be things our clients have expressed or are suspected of not liking to become public knowledge.

You know someone there, you both like another, and you tell things you shouldn't. Or you're just making fun of the stupidity of the other, as you see it. Or even things like admin accounts and passwords. Such things would get you fired pretty fast, no matter.

Oh, the way you said it made it seem like you shouldn't directly be responsible for making the customer mad.

 

[Dresden]

On another note, if anyone knows anything about radio then you know my username is based off of Jim Norton, standup comedian and radio personality on the Opie and Anthony show. O and A have decided to divide their time between the unrestricted airwaves of XM, which I pay for, and terrestrial radio which is a goddamn JOKE. The FCC guildelines on public radio now makes me want to spit. Even music being played now has the most RIDICULOUS of words censored. Blood? Drugs? Since when were those considered fucking SWEARS?! The FCC is the biggest JOKE I have ever encountered and to be frank, they constantly defile the name of radio and music on a daily basis.

 

[Humus]

So um... what happened to freedom of speech? And for that matter, is this even legal?

You have freedom of speech, but not freedom from the consequences of your speech. Freedom comes with responsibility, including freedom of speech. If your speech makes a lot of people upset, then you'll have to face the consequences. Your boss can't legally take down your blog, but he sure can fire you if your blog posts are hurting your company's business relations.