The affiliate advantage, the law The affiliate advantage, the law and social media

The affiliate advantage, the law The affiliate advantage, the law and social media

Who the heck am I?

• Andrew Girdwood• Andrew Girdwood

• Head of Search at bigmouthmedia

• … but also an affiliate ☺

• Supposed to put soft sales text in here

• Talk about how capable we are

• Talk about how large our European footprint is

• Talk about how we’ve never lo•network

Head of Search at bigmouthmedia

Supposed to put soft sales text in here

Talk about how capable we are

Talk about how large our European footprint is

lost a football match to an affiliate

The Law

I’m not a lawyer

• I’m not a lawyer• I’m not a lawyer

• I’m not a lawyer

• I’m not a lawyer

• I’m not a lawyer

• I’m not a lawyer

• I’m not a lawyer

• Link to: www.bigmouthmedia.comLink to: www.bigmouthmedia.com

What’s in this section:

• What Godfrey did to Demon• What Godfrey did to Demon

• What the Europeans did next

• The legal issues of pre or post comment moderation

• John Doe and Sparticus

• The updated Unfair Trading Act and do they know what the internet is?

• Gambling with gambling

What’s in this section:

The legal issues of pre or post comment moderation

The updated Unfair Trading Act and do they know what the

Dr Godfrey versus Demon Internet

• It’s 2000 and Laurence Godfrey doesn’t like what’s been said • It’s 2000 and Laurence Godfrey doesn’t like what’s been said about him on a newsgroup.

• He goes after Demon – the ISP hosting the group.

• He wins.

• He wins £15,000 but the precedent is set responsible for what they host.

• The result: Your web host will pquestions later.questions later.

Dr Godfrey versus Demon Internet

It’s 2000 and Laurence Godfrey doesn’t like what’s been said It’s 2000 and Laurence Godfrey doesn’t like what’s been said

the ISP hosting the group.

He wins £15,000 but the precedent is set – hosts are responsible for what they host.

ill pull your site offline first and ask

The Electronic Commerce Directive

• http://ec.europa.eu/internal_market/e• http://ec.europa.eu/internal_market/ecommerce/directive_en.htm

• One of the goals: To ensure ISPs don’t have to keep track of everything going on in order to prevent it.

The Electronic Commerce Directive

http://ec.europa.eu/internal_market/e-http://ec.europa.eu/internal_market/e-

One of the goals: To ensure ISPs don’t have to keep track of everything going on in order to prevent it.

So… what happened to

• They got slapped for ‘allowing’ fake Louis • They got slapped for ‘allowing’ fake Louis sold in their auction.

• They got slapped to the tune of $64,000,000.

• That’s quite a slapping.

• How come?

• Well; it was a French Court.

• eBay does offer some ‘policing’ (the protect Intellectual Property Rights. protect Intellectual Property Rights.

• Since they try and police it was argued that they knew and allowed the fakes to be sold.

So… what happened to ebay in France?

They got slapped for ‘allowing’ fake Louis Vuitton bags to be They got slapped for ‘allowing’ fake Louis Vuitton bags to be

They got slapped to the tune of $64,000,000.

eBay does offer some ‘policing’ (the VeRo program) to try and protect Intellectual Property Rights. protect Intellectual Property Rights.

Since they try and police it was argued that they knew and

Blog comments and how this effects you…

• Write a blog? Run an online community?• Write a blog? Run an online community?

• Run a review site?

• Post Moderation

– Comments go live without human moderation.

• Pre Moderation

– Comments only go live after a human approves it.

– (Like my blog: http://blog.arhg.net

Blog comments and how this effects you…

Write a blog? Run an online community?Write a blog? Run an online community?

Comments go live without human moderation.

Comments only go live after a human approves it.

http://blog.arhg.net)

The danger of pre-moderation

• If you pre-moderate comments or posts to your website then • If you pre-moderate comments or posts to your website then you are:

– Saying you approve of all the comments on your site

– Running the risk of a Godfrey causing you trouble

moderation

moderate comments or posts to your website then moderate comments or posts to your website then

Saying you approve of all the comments on your site

Running the risk of a Godfrey causing you trouble

Spartacus Order

• The court orders that the person • The court orders that the person respomust come forward and identify themselves…

• … or be in Contempt of Court.

The court orders that the person The court orders that the person ponsible for anonymous activities

must come forward and identify themselves…

… or be in Contempt of Court.

John Doe

• Term comes from an old 18th century • Term comes from an old 18th century law.

• The law allows court proceedings to begin even when the identity of one person is unknown.

• UK lawyers like Schillings have won here and obtained Court Orders which would find even the likes of which would find even the likes of Google guilty if they allowed the ‘discovery’ of sensitive information.

century century

The law allows court proceedings to begin even when the identity of one

UK lawyers like Schillings have won here and obtained Court Orders which would find even the likes of which would find even the likes of Google guilty if they allowed the ‘discovery’ of sensitive information.

The Consumer Protection from Unfair Trading Regulations Act 2008

Paragraph 11, Section 1: Using editorial content in the media Paragraph 11, Section 1: Using editorial content in the media to promote a product where a trader has paid for the promotion without making that clear in the content or by images or sounds clearly identifiable by the consumer (advertorial).

Paragraph 22, Section 1: Falsely claiming or creating the impression that the trader is nohis trade, business, craft or prohis trade, business, craft or prooneself as a consumer.

The Consumer Protection from Unfair Trading Regulations Act 2008

Paragraph 11, Section 1: Using editorial content in the media Paragraph 11, Section 1: Using editorial content in the media to promote a product where a trader has paid for the promotion without making that clear in the content or by images or sounds clearly identifiable by the consumer

Paragraph 22, Section 1: Falsely claiming or creating the not acting for purposes relating to profession, or falsely representing profession, or falsely representing

Quack, quack, ooops!!

Gambling - Europe

• Gambling is outside the EU ‘free trade’ agreement.• Gambling is outside the EU ‘free trade’ agreement.

• Countries, however, can’t apply one rule to themselves and another to other EU countries.

• EU proceedings take a looooong

• The effect of having gambling links on your site:

– No Google PPC activity for you (UK)

– ISPs may block all traffic to your site (Italy review)review)

Gambling is outside the EU ‘free trade’ agreement.Gambling is outside the EU ‘free trade’ agreement.

Countries, however, can’t apply one rule to themselves and another to other EU countries.

looooong time.

The effect of having gambling links on your site:

No Google PPC activity for you (UK)

ISPs may block all traffic to your site (Italy – currently under EU

Gambling – The US

• Kentucky has won a Court order which gives them control of • Kentucky has won a Court order which gives them control of 141 domain names (FullTiltPower

• Doesn’t matter where the domains are registered.

• Doesn’t matter where the sites are hosted.

• If the site is viewable by US cit

• Sportingbet’s CEO was arrested as he arrived in New York airport in 2006.

Kentucky has won a Court order which gives them control of Kentucky has won a Court order which gives them control of FullTiltPower, BodogLife, etc).

Doesn’t matter where the domains are registered.

Doesn’t matter where the sites are hosted.

citizens then most US laws apply.

CEO was arrested as he arrived in New York

The Affiliate Advantage

What’s the Affiliate Advantage?

• Affiliates are not stupid.• Affiliates are not stupid.

• Affiliates don’t tend to have a Brand Committee, HR, Shareholders or any conflict on who’s responsible for ‘social media’.

• Affiliates, on average, are 3,52than large brands are.

• Affiliates tend to be better at somedia chaff.media chaff.

What’s the Affiliate Advantage?

Affiliates don’t tend to have a Brand Committee, HR, Shareholders or any conflict on who’s responsible for ‘social

525% quicker to change their site

sorting the wheat from the social

The Merchant Disadvantage

• Some records;• Some records;

– One homepage link – 2 years

• Then it got lost in an admin update 6 months later

– One RSS feed – 1 year

• Design agency first tried to charge the bank £10,000 for it

– Adding h1 to a template – 18 months

• And they called the CSS class “SEO text”

– Decision to make use of Google Local – Decision to make use of Google Local

• Time taken to provide the data for the feed

The Merchant Disadvantage

2 years

Then it got lost in an admin update 6 months later

Design agency first tried to charge the bank £10,000 for it

18 months

And they called the CSS class “SEO text”

Decision to make use of Google Local – 7 monthsDecision to make use of Google Local – 7 months

Time taken to provide the data for the feed – 1 year

New Areas to Dabble inNew Areas to Dabble in

Virtual networking

Virwith the experts…

irtual Networking with the experts…

Affiliate Bitch

• www.affiliatebitch.co.uk

Lee McCoy

• www.leemccoy.co.uk

Kieron Donoghue

• www.here.org.uk

Keith Bond

• www.keithbond.co.uk

Traps!

It’s fun…

Dumb merchants…

“Your impression to click ratio is too low…”“Your impression to click ratio is too low…”

- New Line Cinema @ CJ.com

• Social media can create a lot of ‘attention’ with very little ‘intention’

“Your impression to click ratio is too low…”“Your impression to click ratio is too low…”

Social media can create a lot of ‘attention’ with very little

Dumb employers

FSA and other watchdogs

• Don’t offer finance advice• Don’t offer finance advice

• Don’t offer medical advice

• Don’t offer legal advice

FSA and other watchdogs

Lawyers

• There’s a risk to using social m• There’s a risk to using social mon celebrities

– If it’s true: it’s copyright or private / intellectual property

– If it’s false: it’s slander or liable / defamation

l media to promote content based l media to promote content based

If it’s true: it’s copyright or private / intellectual property

If it’s false: it’s slander or liable / defamation

Oh yeah?Oh yeah?Show me the

money!

• pipes.yahoo.com

Being first….

•• Filter by programs

Not just PR Hubs….

Twitter Credits!

• http://www.flickr.com/photos/mpwillis/283144228/• http://www.flickr.com/photos/mpwillis/283144228/

• http://www.flickr.com/photos/pigstyave/367353091/

• http://www.flickr.com/photos/re

• http://www.flickr.com/photos/cobalt/425231402/

• http://www.flickr.com/photos/iainb/162799808/

http://www.flickr.com/photos/mpwillis/283144228/http://www.flickr.com/photos/mpwillis/283144228/

http://www.flickr.com/photos/pigstyave/367353091/

/restlessglobetrotter/2166068194/

http://www.flickr.com/photos/cobalt/425231402/

http://www.flickr.com/photos/iainb/162799808/

Thank you!

• Andrew Girdwood• Andrew Girdwood

• Andrew.Girdwood@bigmouthmedia.com

• Twitter: AndrewGirdwood

• FriendFeed: AndrewGirdwood

• Blog: blog.arhg.net

Andrew.Girdwood@bigmouthmedia.com

AndrewGirdwood