Are Group Blogs Partnerships?
Also on the topic of blogs and the law, Steve Bainbridge ponders the question, “Are Group Blogs Partnerships?” He outlines the details nicely in the post as well as addressing the legal implications if the answer is in the affirmative.
Eugene Volokh has figured out the issue of “splitting the loot” with his co-conspirators. This, not surprisingly, is a key issue. Bainbridge cites the relevant portion of UPA (1997) § 202(b):
A person who receives a share of the profits of a business is presumed to be a partner in the business, unless the profits were received in payment … (ii) for services as an independent contractor or of wages or other compensation to an employee.
Larry Ribstein cites this as yet another reason he doesn’t have ads or co-bloggers.
A recent book, Agency, Partnership & Liabilitiy Companies (Concepts & Insights), coincidentally also by Steve Bainbridge, explains the issues in greater detail.
The law has always recognized the “banana peel” qualities of partnerships – you can slip and find yourself in one.
I have never thought of it in terms of blogs, but it makes since that you might be liable for the torts of a co-blogger.
Interesting post.