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]
"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
