Tweeting a joke can be no joke

Tweet withheld

Reports emerged late last week that Twitter is deleting tweets that copy another tweeter’s jokes.

The Verge reports on a writer’s request to Twitter to remove a tweet that used her content (a joke) without permission and thus infringed her intellectual property rights:

I simply explained to Twitter that as a freelance writer I make my living writing jokes (and I use some of my tweets to test out jokes in my other writing). I then explained that as such, the jokes are my intellectual property, and that the users in question did not have my permission to repost them without giving me credit.

The Verge says that Twitter did the take-down under the DCMA (Digital Millennium Copyright Act), a part of US copyright law introduced in 1998. It’s a complex piece of legislation but very broadly, it supports the rights of copyright holders to control access to and downstream use of their content. It’s controversial as it threatens the concept of fair use under US copyright law, among other things. (You can read more about DCMA on the US government’s copyright website.)

I am a bit nonplussed that such firm action is happening now as plagiarising someone’s content has been part of the Twitter landscape since Twitter started in 2006. That’s not to say it’s been okay to do that (it’s not okay), I’m just wondering why this has come up only now and about jokes rather than anything more substantive.

And these examples are about using someone else’s content as if it is yours – surely common sense would ring your alarm bell on that – and all the examples I’ve seen were original tweets not retweets.

Still, it is interesting and illustrates that copyright law does apply to anything you publish anywhere, even Twitter, and even a joke, and a takedown will happen if Twitter thinks your complaint is valid.

Equally interesting is the jurisdiction. DCMA is a US law – how will that work in other jurisdictions that are not subject to a US law like copyright? Here in the UK for instance?

I suppose in theory if you’re in, say, the UK or China or Brazil, you could go ahead and use someone else’s joke in your tweet and not worry about any US law. Twitter can still take it down if the creator of that joke complains to Twitter and there’s probably little you can do about it other than sue Twitter. Good luck!

Twitter joke

In thinking about this matter of jurisdiction, a little searching found Can You Copyright A Tweet?,  a most interesting post on the TechnoLlama blog in January that discusses this very topic from a broad European perspective.

On the matter of a tweet, ie, text up to 140 characters:

European copyright law does not have a minimal limit on what constitutes a protected copyright work. For example, the EU Copyright Directive 2001/29/EC makes it clear in Art 2 that the reproduction “in whole or in part” of a work is to be considered an infringement, not stating a minimum amount for what is “in whole or in part”. It has generally been accepted in case law that the copying of a part of a work has to be substantial in order to infringe, but similarly this is a very subjective test, as what makes up a substantial element of the work is left for the court to decide. The broad language in Art 2 led to the Court of Justice of the European Union to establish a very minimal definition for what is an original work. In Infopaq (Case C-5/08) the CJEU says that a work is original if it is the author’s “own intellectual creation”.

And:

Initially, if a tweet is protected by copyright, then its unauthorised reproduction “in whole or in part” would be copyright infringement. If I write a joke and it is copied in whole by someone else, then in theory I could sue for copyright infringement. But what about retweets? This is slightly trickier, as it is an important feature of twitter that makes the service richer. My own solution (and I am happy to be proven wrong here) is that any public account gives other users an implied licence to retweet the work. But what about non-automatic retweets, such as using the format: RT @technollama “I for one welcome our new 3D-printed Bitcoin drone overlords #yeswearethatold”. In my opinion, this would also be fine as long as it is clearly attributed, but I have no legal basis for the opinion other than it is common practice in the medium.

It is my firm belief that a large number of tweets in Europe are protected by copyright, and it is only a matter of time until this is tested in a case.

And intriguingly:

By the way, my tweets are licensed under a CC licence, so feel free to reproduce them as you see fit.

That’s a cat among the legal pigeons!

Dick Costolo: Twitter unfollows the leader as social milestones are missed

Welcome back, @jack !!

The news yesterday that Twitter CEO Dick Costolo is stepping down from that leadership role next month has attracted widespread commentary and opinion, not least on Twitter itself.

There’s credible opinions that Costolo is going because he hasn’t evolved Twitter as many observers and critics expected or believe he should have. Indeed, the stock market greeted yesterday’s announcement with a 10 percent rise in Twitter’s share price at one point.

An analysis in the Guardian today – you can read the full story below – is a pretty good assessment of a real predicament confronting Twitter, not only from an investor’s perspective but also from that of users and marketers.

[…] Twitter accounts for 1.6% of the critical US digital advertising market – a market worth $50.73bn – compared with Facebook’s 7.6%. Twitter accounts for 3.6% of US mobile internet ads to Facebook’s 18.5%. And in mobile display ads Twitter has a 7% market share compared to 36.7% for Facebook, according to eMarketer.

On user numbers alone – Twitter has 302m monthly active users to Facebook’s 1.44bn – the share of ad market doesn’t seem so surprising. Yet it’s the slowing down of growth that has concerned investors: Twitter’s monthly active user numbers have fallen 30% from 2013 to 2015, and by 2019 growth – a critical indicator of future potential revenues – is heading for a slowdown to 6%.

Yet there’s a more fundamental element that needs attention – what is Twitter?

[…] who is Twitter for? How does it distinguish itself against Facebook? And how can it expand its service while remaining simple and accessible?

Those questions aren’t new at all. Even though how Twitter itself talks about what Twitter is has become more clear in the past year or so, is it how users, marketers, etc, see Twitter?

Our mission: To give everyone the power to create and share ideas and information instantly, without barriers.

I’m not so sure. As a Twitter user since 2006, I’m often asking that question myself even though I’m more than happy to continue my thinking out loud and occasional engagement with others on the platform. I don’t have massive personal expectations of Twitter beyond the implicit simplicity behind that mission statement (but I have a different view if I put on my marketer’s hat).

Yet maybe Twitter’s not entirely sure about that either – the mission statement is slightly different on Twitter’s investor relations page.

Twitter strives to give everyone the power to create and share ideas and information instantly, without barriers.

Maybe change is afoot already: Twitter also announced yesterday that the 140-character limit on direct messages will be changed to a whopping 10,000 characters. Note this is for DMs only – the 140-character limit for regular tweets remains. For now, at least.

While that news will be appealing to many who will relish the opportunity of penning short stories to DM to their friends, I fear it also opens the door to push marketing – whether you like it or not – on a grand scale.

In any case, might Costolo’s departure herald a pivot of sorts in Twitter’s next steps with the (re)appointment of Twitter co-founder Jack Dorsey as interim CEO while Twitter starts a search for a permanent replacement?

There are all sorts of opinions about that.

[The Guardian report below is published here with permission via the Guardian News Feed plugin for WordPress.]


Powered by Guardian.co.ukThis article titled “Dick Costolo: Twitter unfollows the leader as social milestones are missed” was written by Jemima Kiss, for theguardian.com on Friday 12th June 2015 09.41 Europe/London

It says something about the extraordinary scale of social platforms when a technology behemoth with 302m active users every month can be seen as failing to achieve its potential. Yet that is exactly why it appears that Twitter’s chief executive, Dick Costolo, now has to go from the company’s top post.

In after-hours trading following the sudden announcement on Thursday, Twitter stock briefly fluttered up 8% higher. It was a reflection of the uneasy feelings from investors towards a man who fell under their increased and ultimately poisonous scrutiny as he navigated the social networking firm through its public offering in November 2013, having been CEO since he took over from Evan Williams in October 2010.

Despite being a very different product serving a very different audience, Twitter is often compared to Facebook – and often unfavourably. Therein lies an identity crisis of sorts.

For Twitter’s investors the concern was less about user numbers than the growth and aggressiveness of the company’s online advertising. While Costolo was popular with many staffers for bringing structure and co-ordination to a chaotic young company, and took it to a market capitalisation of .4bn, he also oversaw the process of risk and uncertainty in pushing towards a brand new space.

Costolo and Jack Dorsey, who now takes over as interim CEO, have both insisted that the move was not connected to Twitter’s recent financial results – which saw those user numbers grow just 4.86% – so much as a decision made purely by Costolo himself, as a capstone to discussions that had been going on since last autumn.

Right now Twitter is in danger of becoming a niche product: it is beloved by journalists (guilty) and marketers, yet viewed with confusion by mainstream consumers.

Where the selective friendship groups of Facebook make sense (to varying degrees), Twitter’s public face can be more intimidating. On the other hand, the 140-character simplicity of Twitter’s platform and the potential to be the “civic square” of popular debate offers just as much value and, usually, less flatulent conversations.

In an era of endless feeds and the digital burden of email and obligatory posts from friends, Twitter’s brevity and ambience is a welcome change; what you miss is just missed – not mourned, nor added to a tedious, ever-increasing pile like email.

But in focusing its business Twitter has made some strategic decisions, such as closing off access to selected third parties – Instagram at one point, Meerkat at another, and earlier to a wider stream of third-party developers. Twitter was under pressure to protect its valuable audience and its scale, and in doing so cut off the community that helped it grow.

All of which left many users and especially those investors wondering: who is Twitter for? How does it distinguish itself against Facebook? And how can it expand its service while remaining simple and accessible?

Twitter accounts for 1.6% of the critical US digital advertising market – a market worth .73bn – compared with Facebook’s 7.6%. Twitter accounts for 3.6% of US mobile internet ads to Facebook’s 18.5%. And in mobile display ads Twitter has a 7% market share compared to 36.7% for Facebook, according to eMarketer.

On user numbers alone – Twitter has 302m monthly active users to Facebook’s 1.44bn – the share of ad market doesn’t seem so surprising. Yet it’s the slowing down of growth that has concerned investors: Twitter’s monthly active user numbers have fallen 30% from 2013 to 2015, and by 2019 growth – a critical indicator of future potential revenues – is heading for a slowdown to 6%.

For a young public company those numbers are sounding more and more like a death knell. For investors, Twitter’s plans – and Costolo carried the can for this – have not confidently set out its future. Chris Sacca, a major investor, wrote an insightful essay on the company’s challenges: “Twitter has failed to meet its own stated user growth expectations and has not been able to take advantage of the massive number of users who have signed up for accounts and then not come back. Shortcomings in the direct response advertising category have resulted in the company coming in below the financial community’s quarterly estimates.

“In the wake of this Twitter’s efforts to convince the investing community of the opportunity ahead fell flat. Consequently the stock is trading near a six-month low, well below its IPO closing day price, and the company is suffering through a seemingly endless negative press cycle.”

But he says Twitter “has boldness in its bones” and that it can improve by making the service easier for new users, more supportive for users intimidated by the site, and by making it feel less lonely.

guardian.co.uk © Guardian News & Media Limited 2010

Published via the Guardian News Feed plugin for WordPress.

Marking eight years of Twitter

Signing up for TwitterI remember when I first started hearing about Twitter, in the summer of 2006 less than six months after the service started earlier that year.

As the year progressed, the name kept popping up in blog posts and comments – what social media was, really, back then – until I decided to see for myself what this thing was all about.

And so, today marks my eighth #Twitterversary – eight years ago on this day, I signed up with the handle of @jangles. My Twitter ID number is 47973. (Did you know every Twitter handle has a corresponding ID number?) I’m still not sure if that number has any significance that makes it generally interesting.

For instance, does it signify that I was the 47,973rd person to sign up on Twitter? It sounds like it could be, given the numbers in 2006, growth since then (especially since 2010) and compare that to today with over 284 million monthly active users worldwide. But I don’t know, and it doesn’t really matter.

twitteractives

Incidentally, I often get asked what my Twitter handle means or where it came from. It’s actually the first part of the name of my avatar in the virtual world of Second Life, a place I was spending a lot of time in during 2006.

In any case, over the past eight years, Twitter’s analytics tell me that I’ve created almost 76,000 tweets. In averages, that works out at…

  • 9,500 per year
  • 792 per month
  • 26 per day
  • Just over one per hour (make that 3 per hour if we look at an 8-hour workday)

Are such metrics what Twitter’s about? Isn’t it more about the people you connect with? Well, according to Twitter, I have…

…so I suppose it is about that (assuming at least 50 percent of followers are not bots) as this chart suggests.

Engagements

Yet what is Twitter, really? Is it…

  • A social network
  • A tool for writing very short posts
  • A place to connect and engage with others online and chat
  • A useful means of sharing links to content of mutual interest or potential interest
  • A way to talk out loud and share your thoughts with the world wherever you are at any time
  • A channel for anyone to broadcast messages about anything and everything
  • Another channel for marketers and advertisers to promote their brands
  • A way for people who want to change their society to connect and communicate often more safely than they could otherwise
  • A tool for politicians and activists to spread their words
  • A means of communicating abuse and threatening others online

It’s all of those things, the good and the bad (and the ugly), and much more. If you use Twitter in a way that I’ve not mentioned, then that’s what Twitter is to you.

Twitter is also a mirror on society, reflecting the behaviours and actions of people that really is little different to behaviours in the actual world. There are consequences in what you say in a tweet and Twitter has come of age in this regard where the law is catching up with the wild west.

Twitter also came of age when it became a publicly-listed company on the New York Stock Exchange in September 2013. And naturally, it announced its intention to file an IPO in a tweet.

And so Twitter today is very much part of the mainstream, used in all those different ways by people to express opinions, share interesting things and engage in dialogue with others. I’ve always believed Twitter is what you make of it.

I like to look on the bright side about Twitter and human behaviours. And I can think of no better way to illustrate that sentiment than this terrific video from Twitter on the 2014 World Cup through the collective lenses of millions of tweeters.

One big milestone on the continuing journey.

How to get a result with Twitter when email would fail

Against the flow

It started with one tweet.

I bet you get requests like this from PR folk, too. To be frank, I rarely reply any longer as 1) a quick look at my website (the address of which is in my Twitter profile) will easily reveal an email address; and 2) the outcome in my experience from an email pitch that starts like this on Twitter is not usually a worthwhile one.

But there was something about Becky’s request that made me reply, even if a little differently to what she might have expected.

I liked Becky’s engaging, repartee response.

That got a response for Becky.

And a result.

I guarantee you that result would have been unlikely if this conversation had been conducted via email. And it was a conversation, conducted within a space of about an hour, not simply an exchange of email messages that may well have spread over some days.

My advice to PRs when you’re thinking of pitching on Twitter: think outside the box, like Becky.

Related post:

Defining Twitter by more than the numbers

Twitter user growth

Twitter reported its financial results for the second quarter 2014 this week:

  • Q2 revenue of $312 million, up 124% year-over-year
  • Q2 net loss of $145 million and non-GAAP net income of $15 million
  • Q2 GAAP EPS of ($0.24) and non-GAAP EPS of $0.02
  • Q2 adjusted EBITDA of $54 million, representing an adjusted EBITDA margin of 17%

Depending on which media report or commentary you read, it’s either an unimpressive financial performance, or a strong performance to silence critics.

Either way, a common view in mainstream media reports is that the results exceeded financial analysts’ expectations.

One other significant element in the earnings announcement is growth in the number of users, as the Financial Times chart above shows – a consistent increase every quarter since mid 2010 to arrive at today’s number of 271 million average monthly active users, an increase of 24 per cent over the same period last year.

The combination of financial results that exceed expectations and continuing user growth are facts that the stock market and investors like. Indeed, the FT’s report includes a bottom-line statement:

[…] Shares rose to $51.25 in after-hours trading, the highest price since Twitter reported its first results as a public company in February, prompting the stock to plummet. The stock is almost double the price at which Twitter listed last year.

One other aspect I find interesting relates to what Twitter is, ie, how people now describe Twitter.

In media reports, you’ll see it described variously as a “micro-blogging service” – that moniker arose in the very early days of Twitter – or a “social-networking service,” both labels used in a BBC News report. It’s a “social network,” says the Telegraph. The FT calls it a “messaging platform” while The Wall Street Journal says it’s a “social media company.”

And Twitter? How does the company describe itself? From the ‘About’ paragraph in the earnings report:

Twitter (NYSE: TWTR) is a global platform for public self-expression and conversation in real time. By developing a fundamentally new way for people to create, distribute and discover content, we have democratized content creation and distribution, enabling any voice to echo around the world instantly and unfiltered. The service can be accessed at Twitter.com, via the Twitter mobile application and via text message. Available in more than 35 languages, Twitter has 271 million monthly active users. For more information, visit discover.twitter.com or follow @twitter.

Compare that to the mission statement on the Twitter corporate page:

Our mission: To give everyone the power to create and share ideas and information instantly, without barriers.

And note the latest user metrics on that page:

  • 271 million monthly active users
  • 500 million Tweets are sent per day
  • 78 percent of Twitter active users are on mobile
  • 77 percent of accounts are outside the U.S.
  • Twitter supports 35+ languages
  • Vine: More than 40 million users

Clear?

The art of the business tweet

Wednesday

A question I used to hear a lot from people in business is “How do I tweet?” Today, that question has evolved into “How do I tweet effectively for my business?”

The response is quite a bit deeper than answering the question purely in terms of writing out a text in 140 characters or less and hitting ‘tweet.’ Participating on Twitter is as much about listening to what people are saying as it it about adding your tweet to the conversation. Twitter itself has some great how-tos and tutorials.

It’s also about what to say and when to say it, two topics that are the focus of a neat video that Twitter has just published. Simple in its concept and execution, this video is one of the best I’ve seen that will give you a good and clear sense of some simple steps you can follow that will give you confidence in using Twitter effectively in your business communication.

The video will help you understand these five key points:

  1. Make a plan: what’s your goal and how will you measure its success?
  2. Be clear on who your primary audience is: in this case, your customers.
  3. Create a calendar: decide what you’ll tweet on which day.
  4. Think about what you’ll tweet: is the content relevant to your audience?
  5. When people in your community respond or ask questions, make sure you reply.

And the best advice of all:

How you tweet and how you respond to your followers matter as much as face-to-face interaction. So be friendly, be helpful and be yourself.

Using Twitter effectively in business may not be a science. But it is an art.