It brings up an important issue for the Steem Platform and it's something that will need to be addressed sooner or later!
Hashtag Imperialism?
I recently wrote a post and when I came back to it today, I noticed a comment.
"Use of our tag is intended to be reserved for posts directly related to us and to content that has been work-shopped with us. Misuse of tags is tag spam. Please remove our tag from this post."
I had heard rumors of this type of hashtag pseudo-trademarking, but had never had anyone do a pull request on any of my post. I was taken aback by the comment and its cease and desist notice. I did not use the tag for malicious reasons, nor was I aware of any unspoken rules for it's usage.
The topic and purpose of my post was to announce a product that I'm working on and to showcase some of its features. Demonstrating how it can be used to improve Steem post quality. I used the specific tag in question because the community that uses that tag seemed to be interested in the betterment of their post content as well as fostering overall communal help and self improvement. That being said, It was not my intention to violate an unexpressed turf boundary. However, this incident got me thinking about the implications...
It brings up an important issue for the Steem Platform
- Trade Mark Law does protect the usage of trademarked hashtags if they meet a certain criteria.
- Even if it’s not registered, it gains "local" protection – but only if it’s a valid mark.
- Key words being local and valid.
- Laws governing when if and in what context third parties can use said trademarked hashtags might appear to be a grey area.
More on this Subject:➣ Are Hashtags Intellectual Property?
➣ Can You Trademark a Hashtag?
➣ Can You Copyright A Hashtag?
➣ Are Hashtags Capable of Trademark Protection under U.S. Law?
Hashtags
"Used to reference a company’s social media campaign or to index a social media message, the hashtag is not protectable." [2]
"The hashtag must be used like any other trademark: to identify the source of a good or service." [3]
Donald Trump on The Apprentice [4] "You're Fired!" ~ Donald Trump
™ Denied!In the digital world most companies do not enforce hashtag claims, because they want people to use their tags. The entire purpose of hashtags is visibility and engagement all of which is good for business. Here on Steem it's no different. The only reasonable reason for enforcement would be cases of absolute impersonations or unwarranted claims of association. I do not believe the usage of a hashtag, tag, or any "metadata" fits that bill.
I understand the desire to keep a tag index "relevant." However, if it is merely an issue of controlling the content in a tag index, then as stated above, that would be thrown out of any sensible courtroom. The only foreseeable reasons for enforcing such things here, that I can see, would be cases of clear cut infringement.
If impersonation or unwarranted association is not explicitly intended or expressed by the usage of a tag what then? How does one know what tags are "trademarked" from those that are not? If a tag is indeed trademarked then if and when it shows up on a Steem platform tag index, shouldn't it also specify property and usage rights?
Steem is a new frontier in Social Media, it is unique because all users are engaging "in commerce" with every action. As such, nuances of Law and etiquette will need to be paved, hopefully with diligence and truth.Inevitable Realities
- Hashtag "dibs" mentality will likely result in enforcement attempts via flagging.
- The motives for the usage of flagging to enforce Hashtag "dibs" in most cases will be contrary to current Laws.
- Opening yet another can of worms. Creating incentives to further abuse the Flagging System which will effect the direction and health of the platform and will continue to exasperate the environment. Leading to more and more division, exploitation, and crimes within the platform.
- Because the Internet is still a new frontier legally, accountability and liability usually gets thrown to the dogs.
With Power comes Responsibility
Flagging content for any old reason will hurt the platform in ways you cannot even begin to imagine. Trust is the most important part of any cooperative community, and as such, breaches of that trust leads to division and conflict. Your ability to[🏳]a post is a right not to be taken lightly, with it you have the ability to cause harm. Every time you use a flag you ought to reflect on why you are doing it and what effects your actions will have on all parties involved. If it is merely to enforce opinions or feelings then you are abusing that right!
Have you ever given thought to what form of government the Steem blockchain most closely mimics? It is my opinion that it is a Pseudo-Republic. The pseudo because while it does have some checks and balances (Witnesses) to safe guard the law (Platform Code) which regulates logistics and economic rules, it lacks the "Magna Carta - Bill of Rights" to protect the average users rights from unwarranted sanctions and harm.
Again, it was not my intention to use the hashtag in an exploitative manner. I decided to honor the request of the third party not because I felt they had the right, but rather the fact that I don't want to cause needless strife. In the future I will use my own tags, or ones that are obviously generic in nature and usage.
“Goodbyes are not forever, Goodbyes are not the end. They simply mean I’ll miss you, Until we meet again.” -unknown
Sincerely, @Odrau
The only reasonable reason for enforcement would be cases of absolute impersonations or unwarranted claims of association.Yep. You said it. Your post has nothing to do with the community that uses the tag but instead tries to trade off the fact that the Steemit community has come to trust the tag because the Steamians who belong to the community that uses that tag spend so much effort working on their content.Unwarranted claims of association? Check. Your use of the tag is clearly meant to encourage views by association. So by your own words, enforcement would be justified in this case. Instead, I see very reasonable attempts to explain to you, rather than giving you the flags I believe you truly deserve.
I also think the comment that you have characterized as a "cease and desist" notice was very polite and entirely appropriate under the circumstances. No one mentioned flagging before now (except you) and no one spoke of trademarks (except you). Instead the note mentioned the "intention" behind the use of the tag and asked that you honor that. Let's hope you do.
The usage of metatags does not qualify as impersonation or association. I would have to write in my post I am "trademark" or I am working with or I am connected with "trademark." If you guys would only check your egos at the door you would see, I'm not your enemy... Lol...
I wrote the post because quote "this incident got me thinking about the implications..."
Again, because quote "It brings up an important issue for the Steem Platform"
Why?
Because if Steem is ever going to be taken serious as a Social Media Platform, given its commercial nature "legalism" will become a more and more present force.
I mentioned the incident at the beginning and the end of this post merely to express what brought the topic up. The section about "Inevitable Realities" is called a trends prediction and was not implied to have anything to do with reports of actual happenings within the prior mentioned incident. Go ahead and flag away it only proves my "trends prediction" and corroborates "abuse of the flagging system."
Another article you all might might want to read about how even simple memes like the one above are increasingly becoming targets of infringement claims.
According to information from @steemcleaners, your previous post was "TAG ABUSE"--you used a tag not relevant to your content. You were asked politely to remove it and informed why. No threat was contained in that comment.
Quoted from https://steemcleaners.org/abuse-guide/
Did I claim threats?
I explained in the post above what my previous post was about and why I felt it was relevant for the tag used.
Also, It was my first time using the tag in question, and as stated I was unaware of usage terms and rights. Did you even read the post? Not trying to be a dick, just a bit confused by your statements.
Well, to be honest, your post reads like you are "trying to be a dick" and I don't say that to be inflammatory. Just honest.
I consider custom tags something to be respected and left for the use of the creator. It's not a matter of the legalism you are going on about in your post. It is about courtesy and respect.
If you create a custom tag for your product, it would be really nice to find posts directly related to the tag in the tag. In fact, I know of people who have been recently looking to find your product and it would have been nice had they been able to locate a tag and find posts about it.
I suppose your right on my tone. As for the legalism, it is relevant if Steem ever wants to be a major player in the social media scene. The rest is just my rant / insights about things I care about so I slightly veered off topic.
I also have come to understand the custom tag thing, which is why I plan on using my own tags and or generic tags from this point forward.
If I where to create a custom tag I would be thrilled to have people use it. Yes, even @berniesanders
Yeah I bet you'll love it to death when your own relevant content becomes buried in a mound of garbage and irrelevent posts. Unless of course you are referring to bernie giving a review of your product? Be careful, any review I've ever seen bernie give is usually pretty brutal.
@alexpmorris @luzcypher @omarb @pharesim @jayna @shadowspub @krazykrista @steempowerpics @jackjohanneshemp @minnowsupport @avesa @jepu @gmuxx @meno @inthenow @quoll @saffisara @roofcore @freedomexists @evecab @angelveselinov @simgirl @enginewitty @snook @llfarms @zneeke @jonknight @blockgators @lindahas @katrina-ariel @luisferchav @pathtosuccess @bushkill @thehoneys @wylde @ddrfr33k @bipolar @nostone-unturned @drfunk13 @leejhoops @lucyford @christianwindley @sebi99p
All of these people, including myself, were tagged in your post too. How was that relevant to a vague post about mysterious features?
Can you not see how this looks to other people? You were asked not to use a specific tag which relates to our writers' community, a community we have worked hard to build.
Let's flip this...let's say I use the tag
#hastymarkdownon a post about maybe a recipe. Totally unrelated. Is that acceptable?Appreciate that my man.
Thank you for bringing this to my attention. Yes, tagging multiple people in a post is basically, 'spammy'. I'm brand new to Steemit...... well, 2 months, but, I've done my research before doing something. I've even gone into chats and asked before using tags to make certain I am not misusing them. Google doesn't like it, facebook, Instagram, and any other 'search' type situation, doesn't appreciate misuse of tags and will 'punish' you for it.
Anyways, my point of being brand new is that, why would you tag me in a post about tradmark or 'laws' on steemit when, ultimately, I am clueless?? So, yes, that's spammy
@thehoneys ,
I'll do some legwork for you...
"Database For THIS post"
If you no longer want updates or interactions with me, let me know. I will be sure to take the necessary steps.
Regards,
@odrau
Ps. Thankfully we have the blockchain with permanent records otherwise, I fear, hearsay, would run rampant.
Check your facts. I said it was in your poorly judged original post. There is no heresay. But by all means, keep going with your passive aggressive replies.
Look, the bottom line is you are doing spammy practices. If you are not understanding that, I really can't help you. You can continue to defend it, but, you aren't going to fair well with that here.
You DID tag me in two posts, because I get the notifications of it on Steemify. You can see they are two different ones, because at the top of each, one is 16 hours previously, and one is 12 hours previously.
If you want my personal opinion, just apologize and move on. Don't try to defend it. I work with successful people all over the world, and the last thing any of them want is excuses. That's what your defense sounds like to us. You are getting some free coaching, and though it might sound harsh, it's really in gear for you to ultimately have success. Take it or leave it. Up to you.
To address tagging, it was relative because of prior engagements from all those users listed. Everyone on that list had directly engaged with the prior post about HastyMarkup. It is only natural that I would want to foster engagement for a brand that I am working on by asking the very people that had shown interest.
Since when has being vague in advertising been wrong?
I already explained this is my first response comment.
One could argue you have done more harm than good in trying to foster engagement in this way, but it's your show. Personally I hate being tagged like this, I cannot speak for others.
I appreciate you respected the pull request on using #thewritersblock tag, I just wonder what you hoped to gain by this post, claiming
Hashtag Imperialism.Alright, noted sorry for mentioning you Gmuxx, I'll add you to my no fly list! 😉 Thank You for acknowledging that I respected the pull request. You're the first person that expressed appreciation. I never intended to ruffle feathers and tables turned me being a new user to the platform you to ought too be able to see my point of view. I was not aware of unexpressed usage restrictions.
My post above is not a declaration of war, LoL - cease fire!
Please read this comment in reply to thinknzombie
Did I claim threats?Did you read your own post?Hashtag "dibs" mentality will likely result in enforcement attempts via flagging.You make the claim that this will likely result in flagging enforcement. The implication is that there is an implied threat in the comment that was made on your post."However, this incident got me thinking about the implications..." &
"Inevitable Realities"
I believe you are making two mistakes reading comprehension and context misuse of my comment in reply to another comment, nothing to do with the post connection you drew here.