RE: Inquiry

I see three problems:

1. The terms of use at MySpace makes it pretty clear that its members, not MySpace, are the copyright holders. Hence a fair use argument based on the proportion of work relative to MySpace as a whole is improper. Any fair-use argument would have to be made relative to the proportion of each member's work.
2. The terms of use also stipulate that anyone (including professors of business) viewing the content agree that the reuse of any of the members' content must first secure the written permission of the copyright holder (presumably fair use notwithstanding -- though we've seen long debates on this list about whether contract law can supersede fair use).
3. If your University receives any federal grants, the federal guidelines on the use of human subjects by institutions of higher learning would prohibit the use of that material without informed consent. Given MySpace's terms of use, it seems improbable that anyone could argue that its members have somehow consented to be subjects in an experiment. Your University could lose its federal funding, if my understanding of human subjects regulations is accurate.

Fortunately, I am no attorney, so the above is just opinion of a potentially unreliable sort.  

David Dailey

Two professors of business have written an article based upon a study of MySpace. A graduate student logged on and read various posts. The article is about advertisers and social networks. So far so good. But now the journal editors, after accepting the article, are fearful that the quoted postings (very, very few of the total possible) will make them liable. All the posts are anonymous " A post to MySpace argued that "......"  

The journal has asked the authors for some evidence that this does not leave them open to a lawsuit. Any ideas? I have sent them 5 but want very much to hear what others have to say.    

MYHerring

Dean of Library Services

Dacus library