How much is a Twitter follower worth?

A US company is suing a former employee for taking his Twitter followers when he left. What are the

Twitter loves nothing more than a story about Twitter, so the news yesterday that a US company is planning to sue a former employee for taking his followers with him spread fast.

Noah Kravitz tweeted for Phonedog as @Phonedog_Noah, building up 17,000 followers. When he left the company, he changed his username to @noahkravitz but took the followers with him. He claims that his former employer gave him permission to continue using the account after he left, as long as he tweeted on their behalf occasionally. However, the company is now seeking damages of $2.50 (£1.60) per user, per month, for eight months -- adding up to $370,000.

The company has given the following statement:

The costs and resources invested by PhoneDog Media into growing its followers, fans and general brand awareness through social media are substantial and are considered property of PhoneDog Media L.L.C. We intend to aggressively protect our customer lists and confidential information, intellectual property, trademark and brands.

Moving on from the predictable outrage spawned on Twitter, there are some interesting legal issues here. Of course, it is impossible to draw any unequivocal conclusions based solely on news reports (as opposed to the details of the lawsuit). But it is immediately clear that this could have far-reaching implications for the way that individuals and companies use social media.

There are several key issues here. Firstly: what cost can be placed on Twitter users? How much value social media actually adds is difficult to quantify: how can a company say for sure that X number of Twitter followers has led to X increase in profits or uptake of services? The amount accepted by the court -- if any -- could set a precedent for future cases.

In fact, Twitter is often more useful as a branding tool (rather than a straight-up profit-increasing tool), which leads to the second key issue of intellectual property, the law which Phonedog plans to use. This is also difficult to define, as the New Statesman's legal correspondent David Allen Green explains:

On the basis of the news reports, it appears that the employer is trying to fashion an intellectual property claim rather than a straight contractual claim. If so, the employer may find it rather difficult to explain to a court which of the categories of "intellectual property" such a follower list falls into. The employee did not create the follower list with -- to use the legal jargon -- the "sweat of the brow". Instead, the follower list is voluntary and self-elective by the followers. That is not the same as a normal "database".

Overall, this case will perhaps show how well intellectual property law is adapting to social media. The irony is, of course, that until recently many employers prohibited the use of social media and saw it as too legally risky, but now employers seem to want the legal fruits of good social media practice by their employees.

Clearly, there can be no hard and fast rule, as there will be vast differences in circumstances. Some tweeters might be taken on by media companies because they already have a strong media presence: do they then automatically retain ownership of their own followers? What about those who build up their personal brand while still affiliated to a company?

As social media becomes increasingly important to companies of all descriptions, so this hazy area must become codified. Whichever way this case goes, we can expect an increase in people coming to clear agreements with their employers about who owns their Twitter followers.

Samira Shackle is a freelance journalist, who tweets @samirashackle. She was formerly a staff writer for the New Statesman.

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How the Lib Dems learned to love all-women shortlists

Yes, the sitting Lib Dem MPs are mostly white, middle-aged middle class men. But the party's not taking any chances. 

I can’t tell you who’ll be the Lib Dem candidate in Southport on 8 June, but I do know one thing about them. As they’re replacing a sitting Lib Dem (John Pugh is retiring) - they’ll be female.

The same is true in many of our top 20 target seats, including places like Lewes (Kelly-Marie Blundell), Yeovil (Daisy Benson), Thornbury and Yate (Clare Young), and Sutton and Cheam (Amna Ahmad). There was air punching in Lib Dem offices all over the country on Tuesday when it was announced Jo Swinson was standing again in East Dunbartonshire.

And while every current Lib Dem constituency MP will get showered with love and attention in the campaign, one will get rather more attention than most - it’s no coincidence that Tim Farron’s first stop of the campaign was in Richmond Park, standing side by side with Sarah Olney.

How so?

Because the party membership took a long look at itself after the 2015 election - and a rather longer look at the eight white, middle-aged middle class men (sorry chaps) who now formed the Parliamentary party and said - "we’ve really got to sort this out".

And so after decades of prevarication, we put a policy in place to deliberately increase the diversity of candidates.

Quietly, over the last two years, the Liberal Democrats have been putting candidates into place in key target constituencies . There were more than 300 in total before this week’s general election call, and many of them have been there for a year or more. And they’ve been selected under new procedures adopted at Lib Dem Spring Conference in 2016, designed to deliberately promote the diversity of candidates in winnable seats

This includes mandating all-women shortlists when selecting candidates who are replacing sitting MPs, similar rules in our strongest electoral regions. In our top 10 per cent of constituencies, there is a requirement that at least two candidates are shortlisted from underrepresented groups on every list. We became the first party to reserve spaces on the shortlists of winnable seats for underrepresented candidates including women, BAME, LGBT+ and disabled candidates

It’s not going to be perfect - the hugely welcome return of Lib Dem grandees like Vince Cable, Ed Davey and Julian Huppert to their old stomping grounds will strengthen the party but not our gender imbalance. But excluding those former MPs coming back to the fray, every top 20 target constituency bar one has to date selected a female candidate.

Equality (together with liberty and community) is one of the three key values framed in the preamble to the Lib Dem constitution. It’s a relief that after this election, the Liberal Democratic party in the Commons will reflect that aspiration rather better than it has done in the past.

Richard Morris blogs at A View From Ham Common, which was named Best New Blog at the 2011 Lib Dem Conference

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