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  • 1. The affiliate advantage, the law and social media
  • 2. Who the heck am I? • 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 a football match to an affiliate lost network
  • 3. The Law
  • 4. 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.com
  • 5. What’s in this section: • 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
  • 6. Dr Godfrey versus Demon Internet • 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 – hosts are responsible for what they host. • The result: Your web host will p your site offline first and ask ill pull questions later.
  • 7. The Electronic Commerce Directive • http://ec.europa.eu/internal_market/e http://ec.europa.eu/internal_market/e- commerce/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.
  • 8. So… what happened to ebay in France? • They got slapped for ‘allowing’ fake Louis Vuitton bags to be 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 VeRo program) to try and protect Intellectual Property Rights. • Since they try and police it was argued that they knew and allowed the fakes to be sold.
  • 9. Blog comments and how this effects you… • 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 http://blog.arhg.net)
  • 10. The danger of pre-moderation moderation • If you pre-moderate comments or posts to your website then moderate you are: – Saying you approve of all the comments on your site – Running the risk of a Godfrey causing you trouble
  • 11. Spartacus Order • The court orders that the person respo ponsible for anonymous activities must come forward and identify themselves… • … or be in Contempt of Court.
  • 12. John Doe • 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 Google guilty if they allowed the ‘discovery’ of sensitive information.
  • 13. The Consumer Protection from Unfair Trading Regulations Act 2008 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 no acting for purposes relating to not his trade, business, craft or pro profession, or falsely representing oneself as a consumer.
  • 14. Quack, quack, ooops! !
  • 15. Gambling - Europe • 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 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 review)
  • 16. Gambling – The US • Kentucky has won a Court order which gives them control of 141 domain names (FullTiltPower BodogLife, etc). 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 citizens then most US laws apply. • Sportingbet’s CEO was arrested as he arrived in New York airport in 2006.
  • 17. The Affiliate Advantage
  • 18. What’s the Affiliate Advantage? • 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 3,52 525% quicker to change their site than large brands are. • Affiliates tend to be better at so sorting the wheat from the social media chaff.
  • 19. The Merchant Disadvantage • 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 – 7 months • Time taken to provide the data for the feed – 1 year
  • 20. New Areas to Dabble in
  • 21. Virtual networking
  • 22. Vir irtual Networking with the experts…
  • 23. Affiliate Bitch • www.affiliatebitch.co.uk
  • 24. Lee McCoy • www.leemccoy.co.uk
  • 25. Kieron Donoghue • www.here.org.uk
  • 26. Keith Bond • www.keithbond.co.uk
  • 27. Traps!
  • 28. It’s fun…
  • 29. Dumb merchants… “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’
  • 30. Dumb employers
  • 31. FSA and other watchdogs • Don’t offer finance advice • Don’t offer medical advice • Don’t offer legal advice
  • 32. Lawyers • There’s a risk to using sociall m media to promote content based on celebrities – If it’s true: it’s copyright or private / intellectual property – If it’s false: it’s slander or liable / defamation
  • 33. Oh yeah? Show me the money!
  • 34. • pipes.yahoo.com
  • 35. Being first…. • Filter by programs
  • 36. Not just PR Hubs….
  • 37. Twitter Credits! • http://www.flickr.com/photos/mpwillis/283144228/ • http://www.flickr.com/photos/pigstyave/367353091/ • http://www.flickr.com/photos/re /restlessglobetrotter/2166068194/ • http://www.flickr.com/photos/cobalt/425231402/ • http://www.flickr.com/photos/iainb/162799808/
  • 38. Thank you! • Andrew Girdwood • Andrew.Girdwood@bigmouthmedia.com • Twitter: AndrewGirdwood • FriendFeed: AndrewGirdwood • Blog: blog.arhg.net