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On mediation

Saturday, May 26, 2007 by Dave Winer.

Observation: "At least it's over." ;-> Permalink to this paragraph

And yes, I learned a lot.  Permalink to this paragraph

Creativity is coming back in new ways. I, and UserLand, were under a cloud from 1992 until 2007. It's amazing how much we got done, considering. The cloud is now gone. This morning, I felt like the stack has been popped back to much brighter days. We'll see if this holds up. Permalink to this paragraph

My small Web 2.0 dividend now appears reasonably safe. Another way of looking at it is that I got back a good chunk of the cash I put into Web 2.0.  Permalink to this paragraph

Yesterday's post was entitled "community" for a very good reason. As I went into the mediation, I remembered how genuinely happy people seemed to be when the deal with VeriSign came out. I couldn't understand why, usually people seemed to resent my success. And weblogs.com seemed a particular lightning rod for grief. Now, a couple of years later it's more clear. I had a much bigger reservoir of goodwill than I was aware of. Permalink to this paragraph

Another bit of information. While the threat of a defamation suit was hanging over me, I heard from a number of bloggers who had been similarly threatened, and caved. This was understandable, but disheartening. I felt in yesterday's negotiation that I was not just looking out for my own interests, but also trying to create a precedent for bloggers in the future. You may not have to cave under a threat of a lawsuit, although I understand that there are good reasons people do it. However, before making a decision, look in your homeowner's insurance policy, if you have one. Many of them cover defamation judgments, believe it or not.  Permalink to this paragraph

Most of the terms of the settlement are confidential, but otherwise I did not agree to limit what I say publicly, or remove or modify any posts. In some ways I knew Russo pretty well, and I was pretty sure he wasn't misleading me in the past about his respect for the First Amendment, and as it turns out, that belief was correct. Permalink to this paragraph

Do I feel like a winner? More so this afternoon than I did last night. I'm optimistic that when I get on the plane on Monday for Copenhagen, I'll leave more than California behind. ;-> Permalink to this paragraph

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Last update: 5/26/2007; 4:40:34 PM Pacific. "It's even worse than it appears."

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