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.

FILED UNDER: Blogosphere, OTB History
James Joyner
About James Joyner
James Joyner is Professor and Department Head of Security Studies at Marine Corps University's Command and Staff College and a nonresident senior fellow at the Scowcroft Center for Strategy and Security at the Atlantic Council. He's a former Army officer and Desert Storm vet. Views expressed here are his own. Follow James on Twitter @DrJJoyner.

Comments

  1. Baron says:

    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.