“Goodreads.com is social cataloging service for books. In this post you will see how they’ve used the friend spam dark pattern, but how they’ve also failed to make it go viral. This makes it interesting to carry out a post mortem and work out what they should have done.”
CONTRARY to popular belief and Twitter’s terms of service, you cannot copyright a Tweet. Under US law, copyright is granted on publication to “original works of authorship” finalized in “fixed forms of expression” but this does not extend to names, titles, or short phrases (PDF).
As messages sent via Twitter cannot be longer than 140 characters, they cannot be copyrighted. However original, witty, or profound they may be, nothing more than good manners protects your original expression of authorship. If you wish to let other people quote or use your Tweets, you need not “license” them; indeed, technically, you cannot license them, since they are in the public domain the instant you publish them.
If you write a clever Tweet and wish to assert ownership (and if money is no object), you may apply for a trademark. Good luck with that.
Otherwise, your Tweets are like the air. Anyone can do anything like to them, including quoting them with or without your permission. If an enterprising company wants to take something you said on Twitter and slap it on a tee shirt, they may do so. If a gent of the disturbed persuasion wants to engrave your tweet into a 600-foot swastika, he may do so.
If this disturbs you, suck it up, or stop using Twitter—or mark your Twitter feed as private. This will not copyright your Twitter mutterings but it will keep many people from seeing them.
If it deeply disturbs you (and money is no object), mount a case to change the law.
Me, I plan to use Twitter forever. And any party so inclined may make a whistle of my Tweets. But my saying so here is irrelevant because you cannot copyright a Tweet.
Update: Comments are now closed, but you may read what others had to say. Thanks to all for a lively and illuminating discussion.
Armed with nothing more than a keen eye, a good seat, a fine camera, and the ability to use it, An Event Apart Seattle attendee Warren Parsons captured the entire two-day show in crisp and loving detail. Presenting, for your viewing pleasure, An Event Apart Seattle 2009 – a set on Flickr.
When you’ve paged your way through those, have a gander at Think Brownstone’s extraordinary sketches of AEA Seattle.
You can look at Twitter as text messaging or as micro-blogging.
If it’s text-messaging, of concern only to your closest friends, then content such as “Dude, where are you? We’re in the mezzanine” is perfectly appropriate, and “Fish tacos FTW nom nom nom” is practically overachievement.
If it’s micro-blogging, then you may be obliged, like any writer, to consider your reader’s need for value.
Writers inform and enlighten. They create worlds, ideologies, and brochure copy.
In 140 characters, a good writer can make you laugh and a great one can make you march.
You thought I was going to say “cry.” That, too.
Not everyone who blogs is Dostoevsky, and with ten Twitterers for every blogger, the literary riches are spread thin.
The good writers are easier to discover thanks to tools like Favrd. (The best thing about Twitter is its unfulfilled potential. Some developers reach their highest level of attainment creating some of the many features Twitter didn’t come with.) Tools like Favrd also change the discourse: writers write differently when they think someone is reading, and self-consciously clever Twitterers have responded to Favrd by posting stuff that’s more likely to get favored—like directors playing to critics.
But nobody just follows on Twitter. Sure, you follow, but you also create. And you might consider that an obligation to occasionally create meaning, color, and richness.
I don’t view http as a medium for phone chatter. I don’t mean you can’t place phone calls over the internet—of course you can. I mean I’m old-fashioned enough (or have been doing this long enough) to view the web mostly as a publishing medium, with all the obligations that implies. So while I sometimes use Twitter as a homing device, I mainly try to think of it as the world’s smallest magazine, published by me.
To summarize: Twitter’s Terms of Service (TOS), modeled on Flickr’s, forbid one Twitter user to harass another. If you harass, you lose your account, according to the TOS. Yet Twitter user Ariel Waldman experienced painfully offensive harassment from another Twitter user for months. Unable to make him stop or to get help through normal Twitter channels, she escalated the issue to Twitter’s CEO and asked him to fulfill Twitter’s Terms of Service, i.e. to warn or ban the harasser. Instead of dealing with the harassment, the CEO decided to alter Twitter’s TOS. (Alter them to what, one wonders.)
One expects corporations to behave in cowardly and callowly self-interested ways, but one expects more from one’s heroes and friends.
Comments have now been turned off, although you’re welcome to read what the first 77 people had to say.
OUR PERSONAL SITES, once our primary points of online presence, are becoming sock drawers for displaced first-person content. We are witnessing the disappearance of the all-in-one, carefully designed personal site containing professional information, links, and brief bursts of frequently updated content to which others respond via comments. Did I say we are witnessing the traditional personal site’s disappearance? That is inaccurate. We are the ones making our own sites disappear.
Obliterating our own readership and page views may not be a bad thing, but let’s be sure we are making conscious choices.
Interactive art director Jody Ferry’s site is a perfect example of the deeply decentralized personal page. I use the term “page” advisedly, as Jody’s site consists of a single page. It’s a fun, punchy page, bursting with personality, as intriguing for what it hides as what it reveals. Its clarity, simplicity, and liquidity demonstrate that Jody Ferry does indeed practice what the site’s title element claims: Interactive Art Direction and User Experience Design. All very good.
It could almost be the freshened-up splash page of a late 1990s personal site, except that the navigation, instead of pointing inward to a contact page, resume, blog, link list, and photos, points outward to external web services containing those same things. Mentally insert interactive diagram here: at left is a 1990s site whose splash page links to sub-pages. Structurally, its site map is indistinguishable from an org chart, with the CEO at the top, and everyone else below. At right, to re-use the org chart analogy, a site like Jody’s is akin to a single-owner company with only virtual (freelance) employees. There is nothing below the CEO. All arrows point outward.
Most personal sites are not yet as radically personal-content-outsourced as Jody’s, and certainly not every personal site will go this way. (Jody’s site might not even be this way tomorrow, and, lest it be misunderstood, I think Jody’s site is great.) But many personal sites are leaning this way. Many so inclined are currently in an interim state not unlike what’s going on here at zeldman.com:
There are blog posts here, but I post Tweets far more frequently than I write posts. (For obvious reasons: when you’re stuck in an airport, it’s easier to send a 140-character post via mobile phone and Twitter than it is to write an essay from that same airport. Or really from anywhere. Writing is hard, like design.) To connect the dots, I insert my latest Tweet in my sidebar. I have more readers here than followers at Twitter, but that could change. Are they the same readers? Increasingly, to the best of my knowledge, there are people who follow me on Twitter but do not read zeldman.com (and vice-versa). This is good (I’m getting new readers) and arguably maybe not so good (my site, no longer the core of my brand, is becoming just another piece of it).
Like nearly everyone, I outsource discoverable, commentable photography to Flickr.com instead of designing my own photo gallery like my gifted colleagues Douglas Bowman and Todd Dominey. Many bloggers now embed mini-bits of their Flickr feeds in their site’s sidebars. I may get around to that. (One reason I haven’t rushed to do it is that most of my Flickr photos are hidden behind a “friends and family” gateway, as I mainly take pictures of our kid.) Photography was never what this site was about, so for me, using Flickr is not the same as outsourcing the publication of some of my content.
As I’ve recently mentioned, links, once a primary source of content (and page views) here, got offloaded to Ma.gnolia a while back. From 1995 until a few years ago, every time I found a good link, an angel got his wings and I got page views. My page views weren’t, brace yourself for an ugly word, monetized, so all I got out of them was a warm feeling—and that was enough. Now my site is, brace yourself again, monetized, but I send my readers to Ma.gnolia every time I find a link. Go figure.
I’m not trying to get rid of my readers, nor are you trying to shake off yours. In the short term, including Flickr, Twitter, and Ma.gnolia or De.licio.us feeds sends traffic both ways—out to those services, but also back to your site. (Remember when some of us were afraid RSS would cost us our readers? It did and it didn’t. With RSS, good writers gain readers while often losing traditional page views. But that’s another story.) I’ve certainly found new websites by going to the Twitter profile pages of people who write funny or poignant Tweets. Behind a great Flickr photo may be a great designer whose site you might not have found if not for first seeing that photo.
But outsourcing the publication of our own content has long-term implications that point to more traffic for the web services we rely on, and less traffic and fewer readers for ourselves.
This is not necessarily a bad thing. Not every person who designs websites needs to run a personal magazine on top of all their other responsibilities. If your goal in creating a personal site way back when was to establish an online presence, meet other people who create websites, have fun chatting with virtual friends, and maybe get a better job, well, you don’t need a deep personal site to achieve those goals any more.
But if world domination is your goal, think twice before offloading every scrap of you.
An authorized Belorussian translation of this article, ???? ??????????? ????, appears on designcontest.com.