Michael Arrington is a lawyer turned blogger who covers Web 2.0 companies in TechCrunch, a blog with an astounding 347,000 RSS subscriptions (that's astounding because RSS is still a niche technology as opposed to email and the Web). Like many lawyers, he has an outsized ego, strong opinions, and writing skills to match, which makes him a must read among those of us who work in online companies.
On April 12th, he published an article entitled CEO Of Rivals Involved In Securities Fraud; May Kill Yahoo Acquisition.
The next day, Sutherland Asbill & Brennan, a law firm in Georgia that represents Rivals CEO Shannon Terry, sent TechCrunch a letter threatening a defamation lawsuit unless TechCrunch posted an apology and correction of alleged false statements in its April 12th article.
I know what you're thinking. Yawn. A demand letter. Big deal.
Except that Arrington posted it on TechCrunch immediately upon receipt in an article entitled Shannon Terry Is Pissed Off, Threatens Lawsuit Against TechCrunch (see snapshot above).
Naturally, posting the demand letter increased the interest in his April 12th report. Wired picked up the story as did AOL — not to mention us.
Perhaps I'm wrong, but here's how I believe this saga will play out: Shannon Terry may get a correction posted, but TechCrunch will emerge more powerful than ever. No lawsuit will ensue.
So what's the lesson? Think twice before sending a cease and desist or demand letter to a blogger, especially a powerful one. Bloggers play by different rules and believe in transparency to the extreme. While you may win the legal battle, you may lose the publicity war, which arguably matters more in today's world.
Instead, pick up the phone and call the blogger. Have a civil discussion. Point out the problem and try to negotiate an agreement behind closed doors. You might even offer the blogger an inside scoop of some sort in exchange for agreeing to your request.
In short, when it comes to blogs, use a carrot before you use a stick. You can always use a stick later if a carrot doesn't work, but the reverse does not hold true.
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