A lot of companies are using Twitter these days, to advertise products and services and just stay in contact with customers. A new case raises an interesting question: If the employee who establishes your account leaves the company, who gets control of all those followers?
According to articles on Forbes.com, Noah Kravitz worked as a “mobile phone reviewer” (can that be a real job?) for a tech website called Phonedog.
He’d started a Twitter account in 2007, calling it @PhoneDog_Noah. He eventually gathered 21,000 followers.
And then he left Phonedog, taking his Twitter account with him. Phonedog asked him to hand it back to the company; he demurred. And he changed the address on the account to @noahkravitz.
So Phonedog sued, saying that each of those 21,000 followers “belonged” to the company, and were worth $2.50 each. That meant, the employer said, that Kravitz owned Phonedog about $340,000.
Phonedog also charged Kravitz with stealing trade secrets and interfering with the company’s ability to conduct business.
Followers ‘aren’t property’
Kravitz countered that pursuant to Twitter’s terms of service, all accounts remain the property of Twitter. As to the followers, Kravitz said that they’re “human beings who have the discretion to subscribe and/or unsubscribe” to the account, and in any case aren’t property and can’t be owned.
He also argued that the account was open to public viewing at all times, so he couldn’t be accused of stealing trade secrets.
The judge issued a mixed ruling. It dismissed the company’s claim that Kravitz improperly impeded the organization’s ability to do business, but it allowed the trade secrets claim. To look at the judge’s confusing ruling, go here.
So now the case goes to trial.
What to make of all this? Well, although the Twitter/trade secrets question seems like a new concern for employers, it’s probably not what most companies will focus on.
The key issue: Making sure any and all social media accounts representing the company are clearly defined as company “property.” Looks like you’ll need to add another section to your social media policy.
