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Man sued for keeping company Twitter followers | Man sued for keeping company Twitter followers |
(about 4 hours later) | |
A man is being sued for keeping Twitter followers that he attracted while working for a US mobile news website. | A man is being sued for keeping Twitter followers that he attracted while working for a US mobile news website. |
Noah Kravitz tweeted for Phonedog as @Phonedog_Noah, but later changed his username when he left the company - taking 17,000 followers with him. | Noah Kravitz tweeted for Phonedog as @Phonedog_Noah, but later changed his username when he left the company - taking 17,000 followers with him. |
The company is now seeking damages of $2.50 (£1.60) per user, per month - a total of $370,000. | The company is now seeking damages of $2.50 (£1.60) per user, per month - a total of $370,000. |
Mr Kravitz said his former employer had given him permission to continue using the account after he left. | Mr Kravitz said his former employer had given him permission to continue using the account after he left. |
He told the New York Times that Phonedog had allowed him to make the account personal as long as he agreed to "tweet on their behalf from time to time". | He told the New York Times that Phonedog had allowed him to make the account personal as long as he agreed to "tweet on their behalf from time to time". |
The 17,000 followers, which have since risen to 22,000, had been built up by Mr Kravitz during his four years at the company where he worked as a blogger. | The 17,000 followers, which have since risen to 22,000, had been built up by Mr Kravitz during his four years at the company where he worked as a blogger. |
However, eight months later the company filed a lawsuit claiming that the account's followers were a customer list, and that it had invested "substantial" resources into building it. | However, eight months later the company filed a lawsuit claiming that the account's followers were a customer list, and that it had invested "substantial" resources into building it. |
In a written statement, it said: "The costs and resources invested by Phonedog Media into growing its followers, fans and general brand awareness through social media are substantial and are considered property of Phonedog Media. | In a written statement, it said: "The costs and resources invested by Phonedog Media into growing its followers, fans and general brand awareness through social media are substantial and are considered property of Phonedog Media. |
"We intend to aggressively protect our customer lists and confidential information, intellectual property, trademark and brands." | "We intend to aggressively protect our customer lists and confidential information, intellectual property, trademark and brands." |
Strong personality | Strong personality |
Corporate control of Twitter accounts has been a highly debated subject. Legal experts believe this latest case could set a precedent for future ownership tussles. | Corporate control of Twitter accounts has been a highly debated subject. Legal experts believe this latest case could set a precedent for future ownership tussles. |
"Companies will now be developing careful ways of deciding if they want to tweet with a conjoined account," said Barbara Cookson, an intellectual property lawyer in the UK. | "Companies will now be developing careful ways of deciding if they want to tweet with a conjoined account," said Barbara Cookson, an intellectual property lawyer in the UK. |
"For ordinary businesses it's quite difficult to gain a following without a strong personality. You have to have a very strong brand for it to work." | "For ordinary businesses it's quite difficult to gain a following without a strong personality. You have to have a very strong brand for it to work." |
Ms Cookson argued it is hard to pinpoint a financial value to Twitter followers as it is unclear why they follow a particular account. | Ms Cookson argued it is hard to pinpoint a financial value to Twitter followers as it is unclear why they follow a particular account. |
It's arguable as to whether a Twitter follower list is comparable to a mailing list. | It's arguable as to whether a Twitter follower list is comparable to a mailing list. |
"If Phonedog has been using it to run offers, it perhaps is a mailing list that has value." | "If Phonedog has been using it to run offers, it perhaps is a mailing list that has value." |
However, intellectual property solicitor Leigh Ellis said Phonedog are likely to have a strong case as the original account featured the company's name. | |
"Let me put it this way, I'd prefer to be on Phonedog's side," he told the BBC. | |
"If you're a follower, who are you following? You might be following Noah, but it's PhonedogNoah. There's a very good argument that the reputation accrued is to the company, rather than the individual." |