Blogs, Ads, and Insurance

When stuff on this blog doesn't work like it should, I start thinking about maybe taking the blog off a shared server and putting on its own machine. The trouble is, it would cost a lot to have my own machine to host this blog, and while I'm happy to pay a little for what is basically a hobby, I'm not sure if I'm willing to spend what it takes to have my own hosted machine run by professionals. (I could run it at home, but I want it done right, and the upload bandwidth on my home line is rather puny.)

One solution many people adopt to defray the cost of a server is to run ads. I intend to resist that option unless I have no choice. There are two reasons.

First, I don't like ads, so I don't want to foist them on the people kind enough to follow my ramblings.

Second, I am pretty confident that my homeowners insurance policy covers my hobbies: Suppose, for example, someone were someone crazed enough to sue me for something related to one of my postings. Not only would they lose, but there would be someone who'd pay to defend me. (Otherwise I'd have to throw myself on the mercy of the EFF.)

The trouble is, I am not certain how my insurance would treat a hobby that had a revenue-producing component, even if I wasn't making a profit off it. Could it be considered a business, in which case it wouldn't be covered? I could imagine an insurance lawyer making that argument. Heck, if I were the insurance lawyer I'd make that argument. I think the counter-argument is better — it's a hobby that happens to bring a few bucks — but would I count on a judge inevitably seeing it that way? No I would not.

Then again, lots of other academic bloggers run ads. So what does it mean? There are lots of possibilities:

  1. I have a more restrictive insurance policy than most other bloggers
  2. Other academic bloggers have not thought about this aspect of blogging
  3. Other academic bloggers have thought about and are less risk-averse
  4. Academic bloggers as a class are judgment-proof1

Update: Turns out that Eugene Volokh not only had the same thought some time ago, but he actually did some research on the question, which pretty much supports my instincts (although laws do vary by state). And one of the trackbacks to that post, Antinome sounds knowledgeable and recommends David J. Marchitelli, Construction and Application of “Business Pursuits” Exclusion Provision in General Liability Policy,35 A.L.R.5th 375, which I will make it a point to read the next time I have insomnia.


1 To be judgment-proof is to have little or no property (or income) that a creditor can legally take to collect in the foreseeable future.

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6 Responses to Blogs, Ads, and Insurance

  1. fiat lux says:

    It’s not that other bloggers are less risk-averse, it’s that the number of bloggers who have been sued for what they have put on their blog is very small. The more likely negative reaction is that your employer will read your blog & fire you (although since you’re tenured I suppose that’s a moot issue for you).

  2. “my homeowners insurance policy covers my hobbies …there would be someone who’d pay to defend me. “

    Can you really get libel/defamation/copyright/trade-secret $$$ lawsuit insurance from a homeowner’s insurance policy? How so? Frankly, that sounds too good to be true. Hmm, I had a hobby of censorware decryption … (’cause I’ve sure never made any money from it!).

    Might you check? I know you’re a law prof, and I’m not a lawyer, but I really suspect you’re misreading a clause which applies to physical injury from physical hobbies (e.g. welding, woodworking).

  3. Zonker says:

    I guess it depends on what you consider a lot of money for a hobby. I run my blog on a dedicated server running Debian hosted by ServerBeach. It’s a little more than $100 a month – but well worth it. You can get cheaper plans than that for dedicated servers, so it might be worth looking into.

  4. michael says:

    Yes, I could get a decent machine for about $100/month all kinds of places including 99/month at my current host. But that is indeed my idea of a whole lot of money for a hobby that I don’t much share with the rest of the family. When did $1200/year stop being real money?

  5. Pingback: Blogs at CIS - Lauren Gelman

  6. Zonker says:

    “When did $1200/year stop being real money?”

    When gas hit $3 a gallon?

    Seriously, though, it doesn’t seem like that much money to me — but it all depends on priorities and so forth. I also prefer having the ability to install whatever software I please on my server, without being at the whims of a hosting provider.

    I enjoy the blog. I hope you find a hosting service / price that works for you.

    —–

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