Wednesday, January 18, 2012

How SOPA Can Affect Your Business and You (Yes, YOU!)

I'm not going to get into the flashy symbolic graphics or page-blocking JavaScript, or wax sadly poetic about the evil pall of censorship.

We're just going to keep this really simple for the small business owner who uses the Internet.

Start by reviewing this article from Mashable, with links to the full text of the bills and direct references in the analysis.

Another discussion in simpler terms and spelled out in the form of a hypothetical situation is available at the blog of Splendid Communications, a marketing firm catering to the wedding industry.

If you want it even simpler than that, here is an infographic.  (Be patient.  It's big.)

While much of the media focused on blocking foreign websites with bootlegged material or other malware (what I affectionately call "Chinese Takeout" due to the frequency of spam from that region) there are severe penalties for owners of US websites that are reported as "infringing".

Most people know next to nothing about copyright law.  The public has become so used to seeing frequent images that they ASSume they are public domain.  Very little is public domain.  So if you even unknowingly have information on your website that crosses a copyright line, however obscure, however subjective, a complaint will cut your bottom line off at the knees.  Online transactions and advertising can be blocked and you're relegated to the stone age.  That's just inadvertent infringement.  I'm not going to bother with deliberate theft that is passed on to an unknowing flunkie.  It's covered in the Splendid Communications article.

A precaution I always take as a web designer is a boilerplate statement in all of my contracts that once the site goes live and ownership of the completed code is turned over to the customer, that the customer is legally liable for all of the content on the site.  There are going to be webmasters thrown under the bus with a law like this:  "Hey, it's not my fault.  My web guy put it up.  Prosecute them!"  Not on my watch.

We're not just talking about commerce websites either, gang.  All of you blog owners out there:  John, Bob, Kerry, Rick, TOD, Paula, Cerebration, the other Bob, Donna, Lindsay, anybody else I missed - I know you're all reading this! - think about your comments section.  (Except for TOD who doesn't allow comments.)  You know how the spammers will sneak in their links by registering a Google ID, then posting some bland generic stuff on an old post and then a link to whatever it is they're hawking?  And it takes you a while to find it and delete it?  Under this bill, you're liable for that content.  If no one notices, you get lucky, you delete the comment and go on your way.  But if you miss it and someone complains, you're toast.  I don't know about you but I never feel that lucky.

It's a couple of bad bills that need to go back into committee.

BTW - to get around the Wikipedia blackout:  search your content and hover over the "stop" button on your browser.  The nanosecond the content loads, hit the stop button.  Read away.  The graphics and presentation of Wikipedia's point were good but the JS implementation was amateur-hour.

Taste of Dunwoody 2012 is SOLD OUT

UPDATE:  TASTE OF DUNWOODY 2012 IS SOLD OUT
Let the scalping ticket brokering begin....

Back again for the 9th year in a row is Taste of Dunwoody to benefit Children's Healthcare of Atlanta.  Once again, SDOC is sponsoring the event and my husband and I can't wait for February 3!

Get tickets now.  No really, drop what you're doing, get your wallet, go here, and get tickets.  Back in early December, the event was 25% sold.  It has got to be more than that now.  Last year people thought they could buy tickets the day of or at the door and were shut out.  There were networks of people springing up looking to buy or sell.  Avoid the rush.

Taste of Dunwoody is produced by Dunwoody Friends of CHOA.  All Dunwoody moms and dads, organizing fundraising for all of the funding gaps every pediatric hospital faces.  Check them out on Facebook.  (And if any of the admins from this page are reading - update your info slide, it's about a year out of date.  8^P )  Share the TOD.  Share the FB event info too.

Last year I posted why CHOA fundraisers and support events are so near and dear to us.  Can't think of anything that has changed since then.  Some of you didn't believe my comment about working at the cancer kids' summer camp.  So I dug around and pulled out the camp group picture:

The counselors in their rugby shirts are around the edges and our patients with their siblings are in the middle.  That's one of the official group shots of Camp AOK ("Anderson's Older Kids") around 1995-ish.  It was 103 degrees in the shade and we all had sweat in places we don't discuss in polite company.  The photo was taken the first night of camp after the campers arrived and got settled.  I was the co-counselor of "Cool Chicks Only" cabin.

This summer camp was exactly like any other.  Except the camp nurse was a certified nurse practitioner with an oncology specialty and had to organize maintenance chemotherapy regiments for half of the campers.  Usually that just meant medication in pill form.  A pediatric oncologist was on site at all times.  The guys in the clinic fought over who got up to camp for the week.  The child life specialists (psychology team) sat with the counselors before arrival to discuss each of the campers - who was back this year, who was new, who would never be back again.  These teens saw life and death first hand more than many people do.  Child Life  was always on hand to allow them to talk out their feelings and cope with their own well-founded fears of their own mortality.  That was also the reason for "summer prom":  some of these kids did not live to see their high school senior prom.  But most of the teens in this picture are healthy adults today.

The support programs provided by CHOA through private donations and sponsors are similar to what I have worked with in the past.  Medical care is only the beginning.  For children with serious health issues and their families there's a lot of work involved in finding a new "normal life".  This is what Taste of Dunwoody and other Friends' events are paying for.  Taste of Dunwoody is a lot more than just a party!

Psst - tickets.  Go get 'em.

Monday, January 9, 2012

Don't Ask, Don't Tell

Dunwoody City Council Meeting January 9.

The short version:  paranoia and hate mail campaigns win the day.  Home based business owners can not expect any rights from this Council.  Except for the right to pay taxes to the city.

The long version:

The first read of the home occupation amendment was converted to a "discussion" per Heneghan.  He insisted that the council "slow down" on its recommendations regarding home business owner rights.  I guess 10 months of discussion is moving too fast for him.

The neighborhood nazis have the ears of the council. Bonser related an anecdote about an "illegal" business causing traffic problems.  She did not say if the people involved in the "illegal" operation were penalized in some way.  Heneghan claimed that the sign ordinance in combination with this new ordinance will allow homes to have commercial signage.  What the sign ordinance has to do with occasional customer contact was never made clear.  Home based operations are not permitted to have signage, period.  Shortal also shot down any expansion of home business owner rights.  He also was skeptical of having a page of links to community organizations on the Dunwoody city government page.  Deutsch explained that the Community Council wanted to streamline the process for home business SLUP applications.  Nall asked questions that pointed out difficulties in the practical application of parts of the amendment.  Thompson and Davis were silent.

There are some glaring contradictions in the "discussion".

Heneghan and Bonser are concerned with "unintended consequences" of allowing home businesses to visit with customers at home.  They were not concerned, however, with the unintended consequences of allowing the same homeowners to raise farm animals in their backyards.  The "needs" of a half dozen families indulging a hobby carry more weight than 500 families making a living.  Hmmmmmm..............

Concerns were expressed regarding "deliveries" at odd hours of the night that would disturb neighbors.  Concerns were not expressed about DeKalb Sanitation or the USPS making rounds as late as 9 PM the past few weeks.  Double hmmmmmmmmmmmmmmmms.............

The council expresses concerns about potential parking issues due to home based customer contact.  The same council is not concerned about the inconvenience of street parking for any other reason.   Especially when it is provided by the city as Joe Hirsch pointed out in his public comment. Triple hmmmmmmmmmmmms...........

The council is concerned for neighbors who may be "annoyed" by a home based business.  The council is not concerned about home business owners being harassed by council members' friends in HOAs.  Home business owners have no protection from accusations of "nuisance" that stem from a personality conflict or other frivolous source.  If there is a conflict, the blame will always be placed on the business owner.  I'm running out of hmmmmmmmmmms.

I have no hope that the "discussion" of this ordinance amendment is going to get anywhere.  The general assumption is that all home business owners are careless, evil, and the perpetrators of all things uncomfortable.  Any opinion defending a home business owner that did respect their neighbors was dismissed as an aberration.  Several hundred business owners smeared with a handful of anecdotes with no supporting evidence and no chance for appeal.  This is what Dunwoody calls "transparency in government."  I give up.

I do not and will not advocate violating the law. However tonight's discussion made it clear that homeowners who work from home will not have any rights or protections afforded them.   You can still apply for your SLUP if you insist, but you are subject to wholesale smear campaigns and whatever other tricks City Hall demands.  I predict that most home business owners will default back to "don't ask, don't tell".  The standard, per Bonser, is set by the scofflaws who do not bother to get licensed or pay their taxes.  All others are judged by that lowest denominator.

Is it worth it for a home based business to obey the licensing laws?

I believe not.  There are great expenses in time and effort with no support or positive acknowledgement from the city, and unchecked harassment from community activists.

Should every home based business obey the law anyway?

That's up to you.