Microsoft to Discontinue Support for Windows XP & Office 2003: Time to Upgrade Your Office Computer System?

Posted on April 23, 2012 by Matthew Hickey

It’s well known that many law firms are resistant to change. In my experience, this is especially true when it comes to the operating system they use on their office computers. Of course, in that regard, they are hardly alone. Indeed, according to a recent March 2012 report by NetMarketShare nearly 47 percent of computer users still use Windows XP which remains as the most popular operating system in the world. By comparison, about 37 percent of computer users use Windows 7; approximately 8 percent of computer users work on computers using Windows Vista; and about 6 percent of computer users use Mac OS X 10.

Despite the operating system’s continued popularity, Microsoft announced in a blog post on April 9th that they will be discontinuing support for both Windows XP and Microsoft Office 2003 in 2014. Microsoft explained the decision by stating:

Modern users demand technologies that fit their personal workstyle and allow them to stay productive anywhere anytime, while businesses have an ever increasing need to protect data and ensure security, compliance and manageability. It is in a company’s – and its employees’ – best interest to take advantage of the modern Windows and Office software that is designed with these needs in mind.

Although support will continue through 2014, Microsoft urges users to update now. So, what options do you have if you decide you cannot afford to wait out the clock?

Mac OS X 10

You can switch to a Mac. Personally, I’d resisted buying an Apple computer for years, but finally made the switch recently when my third PC in nearly as many years went kaput. Sure, PCs are cheaper, but sometimes it turns out that you aren’t just paying less, you’re also receiving less. Similarly, in part because of their smaller market share, Macs are generally thought of less attractive targets for makers of malware, trojans and other nasty cyber threats. Of course, no operating system is immune from viruses as the recent FakeFlash malware demonstrated.

Also, the lack of familiarity with the operating system can be a little disheartening. Initially, because I’d developed a high level of proficiency in navigating Windows-based operating systems, it was frustrating for me to learn a whole new operating system. Thankfully, Mac OS X 10 has proven to be easy to use and easy to learn. If you’ve been tempted, now may be the perfect time to give Mac a shot.

Windows 7

Of course, just because you are updating your operating system you don’t have to switch computer systems altogether. Sticking with Windows would allow you to continue to use the same computers you’ve been using all along. Besides, although Mac has historically offered stronger security than a PC, Microsoft has continued to beef up the security in their latest operating system, Windows 7, which has been widely praised for both its ease of use and improved security. As a result, upgrading to Windows 7 is another attractive option. If you are concerned about the ability to use certain Windows XP-based programs on your computer, you’ll be happy to learn that Windows 7 Professional, Enterprise, and Ultimate each offer the ability to install programs in “Windows XP Mode” in order to use those programs on a window on your computer.

Windows 8

A final option is to wait for Windows 8 which Microsoft has indicated will see a 2012 release date. The new operating system has been described as a complete redesign of the Windows operating system intended to function across both touch screen devices and traditional PCs. It’s unclear if this new operating system will prove to be as “new and improved” and “easy to use” as Microsoft claims it will be until it has been out and about for awhile. As a result, it’s hard to predict at this point whether it is worth waiting for the new operating system. After all, Windows 7 and Mac OS X 10 are already both quite popular and will both be around for some time to come.

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Event Networking Tips for Attorneys

Posted on April 20, 2012 by Matthew Hickey

In a recent post I stated that in order to become a “rainmaker” you need to develop relationships with both your colleagues and potential clients through networking. This isn’t a particularly controversial idea or original concept. Savvy lawyers have always understood the value of making personal relationships in developing a book of business.

There are two primary ways to engage in networking. First, there is the “old fashioned way” of meeting people in person, especially by meeting people at networking events, trade shows and conferences. Second, modern lawyers connect with people through blogging and social media. We’ve already spent a lot of time considering how you can utilize social media and blogging platforms to engage with colleagues and clients on Twitter, LinedIn, Facebook and through a blog. But we haven’t really looked into the more traditional arts of event networking. And although social media supercharges your ability connect and network with large numbers of people, it should not be considered a total replacement for meeting people face to face. To build and create new business, lawyers still need to get out of the office and schmooze. With that in mind, here are a few tips for making the most of your next networking opportunity.

Research 

Before you even leave your home or office for your next networking event, do some due diligence first by targeting the individuals you’d like to connect with. Read the bios and LinkedIn profiles of the event’s speakers to learn a little about them. Many conferences provide a running list of the individuals who have signed up for the event. Examine the list and consider which individuals might be good people to meet once you are there. While you’re at it, consider some thoughtful questions to ask the people you’ve targeted once you do actually meet with them. You may even want to consider sending an email to some of these individuals in advance of the event indicating that you’d really appreciate an opportunity to speak with them for a few minutes at the event and attempting to schedule this meeting.

Get There Early

Don’t show up at a networking event late or even shortly before it starts. Get there early. After all, it’s not uncommon for people to pair up early on at an event, leave early, or simply develop fatigue from all of the networking going on. By arriving early you can identify the people you targeted before they pair off with other people, before all the names and faces of the people they are meeting start to blur together, etc.

Mingle

It’s probably obvious, but this is the most important step in the process. After all, your preparation is specifically to get ready to mingle with people once you are actually there. The first thing to remember is that your ultimate goal is to develop a true relationship with the people you are meeting. Don’t make the mistake of simply running through the place collecting as many business cards as you can. Make each interaction count. Be friendly, courteous, and smile. Ask people questions about themselves and what they do. Obviously, this is the time to try to use some of the information you gleamed about people from your pre-event research. Don’t presume that someone you’ve met isn’t important just because you don’t recognize their company or affiliation. After all, even if someone isn’t in a position where they can work with you now, you never know where they may end up down the road.

Be patient when approaching people by trying to select appropriate moments to introduce yourself. Don’t try to interrupt groups of two who are actively engaged in a conversation. Instead focus on individuals standing by themselves, groups of three, or people (regardless of the size of the group) who appear to be having a lull in the conversation. Schmoozing is a fine art and you’ll have to rely, in part, on your instincts. Personally, if I see a group laughing or having a good time, I’ll step up and say something like “This looks like a fun group!” followed by “Hi, I’m Matthew.”

Follow Up

Hopefully at the end of the night you’ve made some connections and planted the seeds for developing relationships with potential clients and colleagues. But it’s not enough. Now you need to work on cultivating those relationships. Pull out your stack of business cards and connect with the people you met on LinkedIn; send them an e-mail telling them that it was a pleasure meeting them; follow them on Twitter; and “Like” their business or firm on Facebook. But remember you are building a relationship, so you still aren’t done. Continue to interact with them using social media and other platforms. As a result, your network will continue to grow.

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Selecting a Name for Your New Law Firm

Posted on April 18, 2012 by Matthew Hickey

I’ve always been a big advocate of blazing your own path as a lawyer. Indeed, I strongly believe that every attorney has the power to personally create the most rewarding possible career for themselves. If you are unhappy in your legal career, you should do something about it and make the changes necessary to increase your job satisfaction. For many people, myself included, that path has led me to founding my own law practice. If  you have recently made the jump, or are considering founding your own law practice in the near future, you’ll need to consider a name for your new business.

Aside from the lack of originality, there is nothing wrong with naming the practice after yourself. Indeed, it’s an age old tradition in the legal industry. Still, you’ll have to consider, do you want to name the business “The Law Practice of John Doe” or “The John Doe Law Firm” or “John Doe & Associates” or “The Law Offices of John Doe” or even simply “Doe Law.”

That said, there has been an increasing trend towards naming firms with more original, descriptive names such as Legacy Law Group or Simplicity Law. You might want to consider incorporating keywords from your practice areas into the name. So, for example, if you practice family law, consider incorporating those words, “Family Law,” into your firm name. However, if you choose to go with a creative, descriptive name for your practice, be sure that your name is not in any way misleading or in violation of the rules of ethics in your jurisdiction.

Personally, I was divided on the issue. I considered naming my law practice either “The Law Office of Matthew Hickey” or “Music Tech Law.”  Ultimately, I opted for the more traditional route and named the firm “The Law Office of Matthew Hickey,” but use “Music Tech Law” as my url (http://musictechlaw.com/) and as a slogan on my business card.

Regardless of whether you choose to name your practice after yourself, after your practice area, or by using a creative title, be aware that increasingly the trend is towards keeping your name concise. Large firms once known by multiple partners’ surnames are increasingly shortening their brandname to include only two surnames. For example, the firm where I first began my legal career was Wilson, Elser, Moskowitz, Edelman & Dicker. While I was still working there the firm adopted the shorter Wilson Elser for most purposes. It was probably a smart move. The shorter name is easier to remember, works as a short url, and, honestly most people referred to the firm as “Wilson Elser” anyways even before the shorter name was formally adopted.

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Five Great Free Android Apps for Attorneys

Posted on April 16, 2012 by Matthew Hickey

We’ve previously featured several posts about great apps for iPad / iPhone. However, if (like me) you use an Android operated mobile device, you’ll likely discover that many of those featured apps are not available in the Google Play store. Thankfully, there are many great apps available for Droid users as well. In addition to some of the great native apps like Google Maps and Gmail, here are five of my favorite apps for Droid:

1) DroidLaw

DroidLaw is a legal research platform available for Droid. It includes free full copies of the Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Criminal Procedure, and a bookmark to Google Scholar. You can also download updates including free copies of the Constitution, a Legal Dictionary, and different titles from the Code of Federal Regulations. Most states codes and regulations are available as well, but at a cost of $2.99 – $9.99 per code section.

2) Evernote

Although many good iPad and iPhone apps are unavailable to Droid users, thankfully Evernote is (which happens to my favorite). Check out my prior post which explains how you can use Evernote as an all in one file management system. I use Evernote for nearly everything. If you are unfamiliar with the app, Evernote allows you to store your case files in the cloud and easily search those files from any location. Evernote also allows you to create and format documents (the draft for this post was written in Evernote for example). Evernote allows you record dictated messages. Best of all, the app and the basic account are free. I honestly believe this is the best app you’ll download for your Droid. Paired with the Penultimate app ($0.99) you can even take handwritten notes on your iPad and save them to Evernote–effectively replacing your yellow legal pad.

3) Adobe Reader

PDFs are inescapable for those of us in the legal industry. After all, all documents filed in federal court are in PDF format, many deposition transcripts are in PDF format, and most discovery productions are provided in the format as well. As a result, you’ll want a smooth and easy way to view your PDFs on your Droid. Adobe Reader allows you to view, mark up, highlight, strikethrough and underline PDFs on your Droid device. You can also use the app to fill out and complete PDF forms and send PDFs to others for electronic signing.

4) Harvest Time Tracker

This free app for Droid devices allows lawyers to track their time on projects and log expenses both on and offline. The device uses a nice looking flip-clock timer to let you keep track of the billable time spent on a project. It also makes keeping track of receipts easy. Simply take a picture of your receipts to add them to Harvest Time Tracker.

5) LinkedIn

If you’re a networker, you’re probably already addicted to LinkedIn. The free LinkedIn App allows you to stay in touch with your connections and groups anywhere in the world.

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Use the Goodreader App to Organize Case Files on Your iPad/iPhone

Posted on April 13, 2012 by Matthew Hickey

If you use an iPad in your legal practice, sooner or later you’ll discover that you need a good app for storing, organizing and reading the various forms of documents that you receive in the course of your practice including PDF and DOC files. Goodreader ($4.99) is by far the most popular and well reviewed iPad/iPhone app for the task.

It’s easy to see why it’s become so popular. Goodreader can read all of the most common file types including PDF, TXT, DOC, PPT, XLS, high res images, HTML, and many audio and video formats. Additionally, it easily integrates with cloud based applications such as MobileMe, Box.net, Dropbox, Google Docs, mailservers, and so forth, making it easy to transfer files to and from the app. Not only that, Goodreader also allows you to annotate PDF files by adding text boxes, sticky notes, highlights, drawings, and more to your files. You can zoom into files with up to 50x zoom for closely examining small details in pictures and PDFs.

The power of Goodreader in handling PDF files is one of the reasons it’s become especially popular as a tool for lawyers. After all, federal court filings must be in PDF format, large document productions are quite often received in PDF format, deposition transcripts are often made available in PDF formats, and many forms and templates are in PDF format.

It’s easy to use too. When you open the app you’ll see two columns. On the left hand column you have a list of your folders and unsorted files. Simply tap a file to open the document.

There are multiple ways you can add documents to Goodreader. First, when your iPad/iPhone is connected to your computer, you can drag and drop files into the app through iTunes. Select your iPad/iPhone under “Devices” and then select “Apps” from the options on the right. Scroll down to your “File Sharing” apps in iTunes. Select Goodreader and then simply drag and drops files into Goodreader Documents.

If you use services such as Dropbox, Box.net, MobileMe iDisk, or Google Docs, you can add files through those services as well. In the right hand column on the Goodreader page, you’ll see a heading that says “Connect to Servers.” Select that and click “Add” to see a list of available servers you can connect to. Once connected you can set Goodreader to sync with those services, or you can choose to manually download documents to Goodreader.

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Create a Company Page for your Law Firm on LinkedIn

Posted on April 11, 2012 by Matthew Hickey

Chances are you already use LinkedIn to network with and connect to your colleagues, clients and other professionals. You should be. After all, as we’ve previously discussed, there are so many things you can do with LinkedIn to enhance your career. For example, you can use LinkedIn Signal feature to search for a new job or to perform research on what’s happening within a company. More importantly, it’s a great place to network with potential clients and colleagues. If you own your own practice then, in addition to creating a great profile for yourself, you should also create a Company Page for your firm. After all, creating a Company Page is easy – and it is yet another way to advertise your practice, expertise and experience. Besides, if you operate a firm with even slightly tech-savvy employees, they probably already have LinkedIn accounts. By creating a Company Page you give those employees an opportunity to connect together under the banner of your practice. This can lead to further networking possibilities for your employees and for the firm as a whole.

To get started, click on the “Company” tab from the navigation bar at the top of the page. In the right corner (under the search bar) you should see a link that reads “Add a Company.” Click it. On the new page you’ll add your company’s name, your email address, and verify that you are an authorized representative of the company. On the next page you’ll complete two columns in order to get the Company Page completed. On the left side you’ll first select who is authorized to add status updates to the company’s page: just yourself or anyone with a valid email registered to the company’s domain.

Beneath that you can set your firm’s logo, a description of your firm, your firm’s specialties, and if you have a blog you can also add its RSS feed to the Page. It’s important to use a well written description. Unless it is short and to the point I wouldn’t recommend merely copying your bio or firm description. Instead, keep your firm’s description concise and to the point. Keep it within a paragraph if possible.

If you’re a large firm, you may want to consider creating separate Company Pages for each of your practice groups. It will allow you to better highlight the abilities of your individual practice groups and focus the content on those pages to better highlight the specific work of each of those groups.

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Use Facebook Timeline To Make A Better Facebook Page For Your Firm

Posted on April 9, 2012 by Matthew Hickey

To be honest, you can count me among the number of people who disliked the new Facebook Timeline when it was initially introduced. I was fine with Timeline for my personal profile, but I was extremely dissatisfied as those changes applied to the Facebook Page for my other (non-legal industry) site. The new changes just didn’t feel intuitive for website, company and law firm pages. Nonetheless, Facebook isn’t likely to revert to the old style, so like it or not, it is time to accept those new changes. And, to be honest, I’m starting to warm up to the new changes. It takes a little getting used to, but Timeline offers plenty of improvements from the old style of Facebook Page.

Cover Photo
The new Cover photo makes it easier than ever to brand your page and highlight your firm’s brand message. In fact, it makes your page more about your firm and less about simply visiting a Facebook page. You’ll notice that your firm’s identity is front and center. The Cover image you choose will be the first thing visitors to your site’s page will see, so choose a picture that looks good and says something about your firm’s identity. When choosing a photo Facebook suggests using a picture that is at least 399 pixels wide (but ideally 851 pixels wide and 315 pixels tall). It’s easy to change your cover picture, so feel free to experiment to find a cover you like.

Timeline Features
The timeline feature provides you with lots of flexibility for customizing your Facebook Page and simultaneously creating an interesting site experience for the fans of your site. The new features include pinned posts, starred posts, and editable date posts.

Facebook now allows you to “pin” posts to the top of your timeline so that they are the first thing your fans will see when visiting your Page. Pinned posts will appear at the top of your timeline. Be sure to “pin” your most important new posts, but also don’t forget to change it up regularly to keep things interesting.

You can now also create what Facebook refers to as “starred posts.” Once you’ve created a new post, if you hover your pointer in the upper righthand corner of the new post, you’ll see a star icon and a pencil icon. Click on the star icon to turn the new post into a starred post. The post will become widescreen and more visible to visitors.

Once you’ve created a post you can also edit its date in order to create an accurate timeline of your firm’s history. Considering adding important dates to your Page’s timeline such as the date the firmed opened, the date various practice groups opened, the date partners and associates joined the firm, and so forth. To change the date of a post, hover your pointer in the upper right hand corner of the post. Click on the pencil icon and then select “Change date.” You’re able to select the year, month and day you want to assign to the post.

If you’re looking for inspiration, I recommend checking out the Facebook pages of various big businesses such as Coca Cola and other large companies. They have a big budget and some very smart & creative people paid to make their site experience amazing. You can get some great ideas for your firm’s Facebook page by snooping around theirs. For example, you’ll notice that Coca Cola posted their corporate history, old Coke ads, user’s stories, and events to their timeline. You’ll also notice that they regularly update their page with pictures and videos. If it works for them, it’ll probably work for your firm too.

Admin Panel
The Admin Panel is the first thing that you’ll see when you visit your firm’s Facebook Page. If you are logged in to your page, it will appear above your Cover photo. Other users, of course, will not see the Admin Panel. In the Admin Panel you’re able to view new notifications (which demonstrate recent activity on your Facebook Page), messages from your users, new “Likes” to your Page, and Insights (which show you the number of people reached by the posts on your Page). It makes it easy to understand how effective your Page has been.

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How to Become a Rainmaker

Posted on April 6, 2012 by Matthew Hickey

For those of us in the legal industry, being a rainmaker is the ultimate in career security. If you have a strong book of business, you’ll never have to worry about having a job. I’ve personally seen law firms where the partners’ salaries were cut, nearly across the board, with the sole exceptions of those who had reputations as the firm’s rainmakers. Those “rainmakers” even received raises that same year. After all, if business is rough, a smart firm will try to make sure those rainmakers stay happy and aren’t considering jumping ship.

Similarly, we’ve all heard of firms where entire practice groups left the firm because the other practice groups were weighing them down. The firm that remains after losing their most prosperous practice groups, is never the same again. Indeed, even if you are a solo practitioner or run your own law office, the only way to guarantee future success and career stability is to develop a network from which you can pull new business. It’s commonly known that lawyers generate new business through referrals, word of mouth reputation, and relationships. Therefore, if you want to be a rainmaker or even just want to develop a solid book of business for your practice, you’ll need to develop your reputation by networking with potential clients and marketing to your colleagues.

Network with potential clients:

You need to develop relationships with the people who could become your potential clients. The best way to do that is to go where they go. In other words, join local groups, bar associations, and organizations. Attend conferences, trade shows, and other relevant events. For example, because I practice entertainment law, I attended SXSW this year and attended the trade shows, panels and music showcases in order to meet people in my industry. The bottom line is that you want to be out meeting people in person. These groups and events don’t have to be specifically directed at lawyers. In fact, depending on your practice area, it will often be more desirable to join groups that aren’t specifically directed at lawyers.

Once you are out there meeting people at events it’s important to remember that the ultimate goal is to develop actual relationships with the people you meet. You’ll also want to make sure that they don’t forget about you the moment they return to the office. Of course you want to exchange business cards with the people you meet, but that isn’t nearly enough. Continue to develop your relationship with the people you met once you get back to the office. Connect with them on the Internet. Follow them on Twitter, invite them to your network on LinkedIn, send them an email thanking them for meeting with you, and become a fan of their business on Facebook if relevant.

Although it isn’t always possible to interact with potential clients in the real world (due to budget, geography or time restraints), thanks to social media sites and blogs, you can nonetheless develop your relationship with them in the virtual world quite easily. Indeed, the Internet is a perfect place to develop your reputation and interact with potential clients. Kevin O’Keefe of Real Lawyers Have Blogs explains: “The Internet is a relationship and reputation accelerator. Networking online empowers lawyers to build relationships and enhance their reputation at an accelerated rate.”

Indeed, there is nothing wrong with developing relationships with people over the Internet. In this day and age, it’s mandatory. Today’s Don Draper is as smart and self-assured as ever, but he also has a blog and a Twitter account.

If you are connecting with people on the Internet, you’ll likely make connections with people who live in other cities and other countries. If you find yourself visiting the city where those individuals live, ask to meet with them in person over lunch, dinner, coffee, or for an afterwork drink. Even in the age of LinkedIn and personal blogs, when you are developing relationships, nothing can trump face time interaction.

Finally, regardless of whether you are developing relationships with people in the real world or the virtual world, be both authentic and generous in your interactions with them. If you are insincere and ungenerous, people will not trust you and will not want to work with you. As your network and reputation grows, your business will likely grow as well.

Market to your colleagues:

It’s not only important to develop relationships with potential clients, but with your colleagues as well. Referrals have often been an important source of business for many attorneys. Ultimately, you want your colleagues to think of you when they need someone with your particular expertise or when they need to make a referral.

Again, you don’t have to rely on real world interactions to develop relationships with your colleagues either (although, again, that is always ideal). You should join LinkedIn groups, industry forums, and other sites that allow you to interact with your colleagues. Interact with your colleagues on Twitter, Facebook, and, when relevant, by leaving thoughtful comments on their blogs. Share your knowledge with them when you can.

Similarly, you should also know the extent of your expertise. When clients approach you with work that exceeds the scope of your expertise, don’t be afraid to refer those clients to colleagues you trust and respect. The client and colleague will appreciate it and it will increase the likelihood that they will do the same for you.

Finally, when other attorneys refer business to you from their clients, never poach those clients. Remember that your reputation is on the line, and developing business is about having a great reputation as a professional. If you poison the well, it will go dry.

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The Rocket Lawyer Food Truck Experiment

Posted on April 4, 2012 by Eva Arevuo

Charley and I introduce the central concept of the evening -- the glorious and inventie food truck !

Last week, Rocket Lawyer “on tour” took Chicago’s ABATechshow by storm with a part crowdsourcing, part business brainstorm, part artistic, Food Truck Experiment.

On the opening night of the techshow-come-conference, we challenged 200 lawyers to collectively guess the weight of one of our favorite trucks — “Curry up Now,” and then, together in groups, to come up with an idea and business plan of their own !

We started with a short presentation introducing the concept of the food truck as a business model, and profiling a few of our favorites — Curry Up Now, The Chairman (think Chairman Mao) and Taim Mobile (taim odum means very tasty in Hebrew!) What do all these trucks have in common? They operate like a smart business, not only making great food, but paying attention to branding, the market they are operating within and considering location as a primary factor to their success.

The point of these narratives? To help our audience understand what goes into starting, and running, a successful business.

Our artist at work with a team of food truck entrepreneurs !

Then, we turned the night over to what we hoped would be gloriously creative participants (and they were)! Considering 1. the product they wanted to sell, 2. who their customers would be, and 3. how the product would be marketed, here’s a taste of what we got:

1. Everything from wild wings, to breakfast burritos, brownies and beer on a spigot!

2. A lucrative market in the hunger pangs of late-night partiers who need protein at 3am, and sports fans of all ages attending a variety of events.

3. Social media featured prominently, alongside a catchy name, colorful truck and fun dish names — my personal favorite was the menu of burritos named after country songs !

This achieved, one of the best parts of the evening actually came at the very end when each team nominated a “leader” to come up on stage and present their food truck, complete with business plan, and a drawing produced by our wonderful artist for the night, Hazel Delgado.

The team from "Rockin' Burritos" presents their business idea on stage

Good fun was had by all, and I think a lesson or two was learned about thinking like practising, in every industry, like an entrepreneur.

The final reveal of the evening was the grand “wisdom of the crowd” experiment. Guests were invited to tweet in their guesses throughout the night, and after a shaky start, with guesses ranging from 4000-6000 lbs (a regular car weighs around 6000 lbs!), we made it.

Collectively, we reached an answer within 500 lbs of the real weight of the truck. Phew. We look forward to repeating a similar experiment with new audiences — we can’t wait to see how well they match up to our inaugural attempt.

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Responding to Controversies, Pinterest Updates Its ‘Terms of Service’ and ‘Pin Etiquette’

Posted on April 2, 2012 by Matthew Hickey

Unless you have been living under a rock, you’ve probably heard of the latest popular social media site, Pinterest. Indeed, we considered the potential to use Pinterest to promote your law practice in a prior post. For those who aren’t familiar, Pinterest, which describes itself as a virtual pinboard, allows you to “pin” images you find on the Internet to a page referred to as your “board.” You then can follow your friends’ boards and they can follow your boards. Images can be shared (a.k.a. “repinned”) by the click of a button by anyone who finds your image. If you see an image you like on a friend’s board, you just click “repin” to add it to your board. Similarly, if a friend finds something they like on your board, they can add it to their own just as easily. Most people maintain numerous boards broken down into categories such as “Food I Want to Eat” or “Clothes I Want to Buy”.

The Problems

The visually pleasing social media site quickly grew in popularity, but not without it’s share of controversy. First, as discussed on The Sociable Lawyer’s sister site, Legally Easy, many people were concerned that Pinterest was, in effect, promoting the widespread infringement of intellectual property. Unlike sites such as Facebook and Tumblr where people were encouraged to share their own pictures with their network, Pinterest encouraged users to share images they don’t own. Indeed, Pinterest’s “Pin Etiquette” asked users “not to use Pinterest purely as a tool for self-promotion.” Instead, they urged users to “curate” a collection of their favorite images. In other words, Pinterest’s “Pin Etiquette” arguably encouraged users to share other people’s images and actually discouraged users from posting their own (and, thus, images they likely owned the rights to share legally).

Second, Pinterest’s original Terms of Service allowed Pinterest to sell user’s content for a profit. In light of the fact that the content on Pinterest is often the work of professional photographers and artists, this specific Term of Service was particularly unpleasant even for users who would have otherwise allowed their work to appear on the site. This issue was confounded by the fact that, in many cases, the artist wasn’t actually responsible for placing the image on Pinterest in the first place.

New Terms of Service

On March 23rd Pinterest announced updates to its Terms of Service and Pin Etiquette to address these controversies. To address the issue of selling content, Pinterest removed reference to the word “sell” from their Terms of Service. In the blog post announcing the changes, Pinterest founder Ben Silbermann stated: “Selling content was never our intention and we removed this from our updated Terms.” Sure, Pinterest will continue to make a profit from the value derived from content provided by its users, but that is no different than the model for many other social networking sites including Facebook and Yelp. The new Terms of Services provide that “you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, re-pin, modify (e.g., re-format), re-arrange, and distribute your User Content on Pinterest for the purposes of operating and providing the Service(s) to you and to our other Users. Nothing in these Terms shall restrict Pinterest’s rights under separate licenses to User Content. Please remember that the Pinterest Service is a public platform, and that other Users may search for, see, use, and/or re-pin any User Content that you make publicly available through the Service.”

Second, Pinterest changed it’s “Pin Etiquette” from “Avoid Self Promotion” to “Be Authentic” because “Pinterest is an expression of who you are.” Pinterest’s Terms of Service always prohibited users from sharing material they didn’t have rights to, but the prior language of the “Pin Etiquette” arguably created a conflict with those terms of service. Although the new “Pin Etiquette” is unlikely to actually change the way people use the site, it does resolve that conflict from the company’s stand point. Most experts agree that if you a user using Pinterest, the only way to avoid potential liability for copyright infringement is to only “pin” material which you have the right to use.

Finally, Pinterest announced that they would provide “simpler tools for anyone to report alleged copyright or trademark infringements.” Specifically, they now provide an easy Copyright Infringement Notification Form that can be completed directly on the site. Before they required users to notify them by mail or email.

What do you think of the new changes?  Although they will clearly assist in Pinterest’s long term viability, do they do enough to help protect users and address the prior controversies surrounding the company?

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