Today’s latest example of why enterprises need to tread carefully in the brave new world of social media comes to us courtesy of the formerly obscure  muckraking blog Spocko’s Brain, which was shut down by its Internet service provider, 1&1 Internet, after Disney ABC Radio complained that Spoko’s posting of audio files from KSFO, a talk-radio station in California’s Bay Area, violated the company’s copyright.

Spocko’s Brain had posted dozens of examples of KSFO right-wing morning drive talk show hosts, who are known for such tasteful exercises as enacting a mock electrocution of New York Times editor Bill Keller in a defective electric chair, calling for the execution of journalists they deem liberal, labeling themselves “pro torture, demanding that callers make fun of Islam and referring to Barack Obama as “Halfafrican.”  Spocko also sent letters to KSFO’s advertisers, inquiring if they really wanted their brands associated with the views expressed on the station, and inviting them to listen to program segment audio files posted on the Spocko’s Brain site. 

In late December, Disney lawyers sent Spocko’s Brain and its ISP, 1&1 a cease-and-desist letter because of alleged copyright violations against the ABC Radio affiliate.   1&1 Internet took the site down entirely on January 2.

Once the dispute became public, much of the blogosphere rushed to Spoko’s defense and dozens of web hosts stepped forward to provide access to the disputed KSFO audio files.   The Electronic Frontier Foundation volunteered to defend the blog against legal action.  Some of the biggest and most widely read political and media blogs–like DailyKos–provided extensive coverage of the controversy and posted the disputed files, daring Disney to sue them. Selections were posted on YouTube.

There are a lot of morals here for enterprises, not least of which is that social media are great tools for collaboration, teamwork and marketing but they are also lethal to those who try to play the new game by the old command and control rules.   Marketers are no longer in total control of the message or the agenda and any attempt to censor public discourse about your brand will come back to bite you on the ass.  There simply aren’t enough lawyers available to create a “surge” big enough to contain the blogosphere.   Learn the new rules and get on with it.