SiteProNews |
- YouTube DMCA Ruling is Good News for Blog Sites
- An Editor’s Take on Article Writing – The Submission Process
- How to Navigate Online Marketing’s Slippery Path
- Is Direct Mail Really Dead?
- Is Advertising Fraud Funding Terrorism?
| YouTube DMCA Ruling is Good News for Blog Sites Posted: 20 Aug 2010 05:00 AM PDT 
A June, 2010 ruling by a U.S. District Court in New York in favor of YouTube established an important precedent for blog sites for avoiding strict liability for copyright infringement by blog posters. The DMCA Online service providers such as blog sites are vulnerable to claims for copyright infringement if visitors post infringing material on their websites, even if the service providers are unaware that the material is infringing. This unfortunate result – that’s often quite surprising to blog site webmasters who are unfamiliar with copyright law – is due to the strict liability principles of the U.S. Copyright Act. Signed into law in 1998, the DMCA protects online service providers from strict liability for copyright infringement by their users if they: * post a specific DMCA notice prominently on their websites, * register with the US Copyright Office, and * promptly block access to, or take down, allegedly infringing materials if they receive a notice from a copyright owner claiming infringement, or if the service provider has “actual knowledge” that it is hosting infringing material or if the service provider is aware of facts or circumstances that should make it “readily apparent” that there is infringing activity. This protection by DMCA is known as a “safe harbor”; it completely protects the service provider from vicarious liability for copyright infringement. The YouTube Case YouTube’s online video sharing service permits users to post videos to the YouTube site which then can be accessed and viewed by anyone who visits the YouTube site. Viacom International sued YouTube alleging that YouTube was liable for copyright infringement of numerous videos for which Viacom owned the copyrights. Viacom argued that YouTube was aware that some of its users posted infringing videos on the YouTube site and that this awareness disqualified YouTube from the safe harbor protection of DMCA. The YouTube case involved the third bullet point above – whether YouTube’s general knowledge that some of its users post infringing content on the YouTube website can amount to either: * “actual knowledge” of infringement, or * qualify to make it “readily apparent” to YouTube that there was infringing material on the YouTube website. The court rejected Viacom’s argument and ruled that YouTube was not disqualified from the DMCA safe harbor. Specifically, the court found that YouTube’s general awareness of infringing activity by some of its users did not rise to the level of “actual knowledge” or knowledge that would make it “readily apparent” which videos were infringing. The court noted that YouTube had removed allegedly infringing videos promptly after receipt of notice sufficient to identify specific infringing videos. Finally, the court ruled that YouTube had no general obligation to police its website for infringing videos and to determine whether specific videos were infringing. Conclusion In general terms, the key rulings of interest to blog sites were that: Blog site webmasters should be aware, however, that there are specific requirements that must be satisfied in order to take advantage of the DMCA safe harbor. It’s essential that these specific requirements be satisfied in order to qualify for DMCA?s valuable protections. Leading Internet, IP and software lawyer Chip Cooper has automated the process of drafting Website Legal Documents www.digicontracts.com/whichdocs/ for website legal compliance. Use his free online tool — Website Documents Determinator — to determine which documents your website really needs for website legal compliance. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com. Post from: SiteProNews: Webmaster News & Resources      |
| An Editor’s Take on Article Writing – The Submission Process Posted: 20 Aug 2010 05:00 AM PDT 
Understanding what elements a publisher is looking for to use in its newsletter or on its website should be a consideration of any author who wants to be published, as well as having a good grasp of the English language, (i.e. grammar and punctuation). The recent surge of new article directories on the Web has brought a deluge of so called authors who churn out article after article on a subject with little regard, or maybe I should say knowledge, on how they are being reviewed by publishers. A simple, but effective, fine-tuning of those articles for publication will be of benefit to both author and publisher. What is a Publisher Looking for in an Article? 1. Good Content Content on a relevant topic within our specific industry is the biggest consideration when selecting a piece for our newsletter or website. (If the newsletter is for web-programmers or web-designers – relevant topics for submission should be within that scope and pertinent areas.) There has been an influx of articles recently on article marketing and affiliate marketing. These are both great topics, but what I see is the same information rewritten over and over. Once an article has been published on this topic, unless the new article is obviously providing a different take on the subject or has new information to share…it is old news. Therefore, authors must be creative and take a new direction on the topic; writing something that hasn’t been rehashed over and over. Be controversial. Do some research on the topic that will add value to the article by providing statistics, history, a new point-of-view – anything that is relevant and new that readers will find of interest and not just of interest to you, the author. Make sure your first few sentences or paragraphs provide enough interest to keep your audience’s attention. You will lose them otherwise. Most people scan an article and move on if it is not compelling enough. Add compelling content! Simply stated is fine – but your content must also be interesting, thought provoking, and of value to the reader. In addition — Spell-check your work!! A poorly written article is not only difficult to read, but takes time for the editor to proof and edit. Your articles should be well written pieces with spelling and grammar checked before submitting to article directories or directly to a publisher. This is my pet-peeve. With all the tools available to assist in most programs (i.e. Word, Works, Mac Word, iWorks, etc.) there shouldn’t be spelling or grammatical errors. Take the time to check your work, it’s well worth the effort. 2. Give the Article a Catchy Title This is another very important point I cannot stress enough. A boring or vague title will not prompt a reader to either open an email or click on a link to your article. If your article is about Google – use Google in the title. Think about the point you are trying to make or bring to the reader’s attention and use it in the title. Strong titled articles will get the attention of a publisher and your readers. 3. Making the Word Count Taking the time to write an article is a task in itself. Unless you are making money at article writing – your time is valuable and you want to make the most of your article writing. Getting published is your reward! With that in mind….A well written article on a hot topic should have a substantial word count, and if less than 550 words – the article may not be picked up by a publisher of a newsletter as a featured article. A featured article has substance and should be at least 750 words or longer for consideration. Still, many publishers are looking for shorter articles for their websites and a well-written article with a shorter word count will suffice. Finally… To be a successfully, published author you must hone in your skills. Providing good, relevant content in an article that is spell-checked and grammatically correct, with a catchy title will entice and grab the attention of publishers. Experienced authors get published more often as they become a trusted source by editors to provide a professional piece which has that added attention to detail we editors all strive for! Post from: SiteProNews: Webmaster News & Resources    |
| How to Navigate Online Marketing’s Slippery Path Posted: 20 Aug 2010 05:00 AM PDT 
Here are 10 key tips and suggestions to keep in mind as you make your way along online marketing routes. 1. Grow thick skin. If your website design has serious issues, own up to them so the rest of your campaign can really pay off. In other words, if you invest in getting more traffic and visitors give up on your website, then you’ve failed. 2. Pick the right keywords for search engine optimization (SEO). 3. Learn how paid search really works. 4. Use paid search negative keywords. 5. Use misspellings with paid search. Sure, these phrases won’t get a lot of traffic. But it could be worth while adding a number of them to your overall mix. 6. Write content – lots of content. 7. Don't bury your calls to action. 8. Track everything. 9. Don't ignore link building. 10. Test and measure everything. Bonus Tip: Mike Murray is the Web Strategy Thought Leader for World Synergy, an interactive online marketing firm that focuses on website design, custom web applications and business infrastructure services and strategy. Mike has more than 13 years of experience with web site development and online marketing, frequently speaking at regional and national conferences, including Search Engine Strategies. Post from: SiteProNews: Webmaster News & Resources    |
| Posted: 20 Aug 2010 05:00 AM PDT 
You’re not alone. And while people are entitled to their own opinions about direct mail, they’re not entitled to their own facts. Here are the facts: According to an annual study from the Direct Marketing Association (DMA), spending on direct mail marketing is expected to increase by more than $1 billion in 2010. Yes, that’s billion with a “B”. Hmmmm…it would appear that rumors of direct mail’s demise have been greatly exaggerated. Don’t People Hate Junk Mail? And if you’ve also bought into the myth that people hate junk mail (and that’s exactly what it is a myth), here are the myth-busting facts: According to the 2010 DMA Statistical Fact Book, 79% of households either read or skim junk mail advertising sent to their home. That study is right in line with an International Communications Research survey commissioned by postal automation giant, Pitney Bowes. The survey found, despite the immense popularity, and widespread use of digital media, consumers still prefer mail over e-mail, as it relates to receiving new product announcements, as well as confidential business communications such as bank statements and other financial information. Here’s how the numbers breakdown: 73 percent of consumers prefer mail for receiving new product announcements or offers from companies they do business with, as compared to 18 percent for e-mail. For important and confidential communications such as bills, bank statements and other financial information, a huge majority of respondents (86 percent)preferred mail as their communication method of choice, as compared with 10 percent for e-mail. But wait, the news gets even better: The survey also found that 31 percent of consumers are less likely to discard unopened mail – including new product announcements, coupons, brochures, catalogs, etc. – than they are to delete unsolicited e-mails (spam) regarding new product announcements (53.2 percent). When consumers were asked what specific advantages they saw in junk mail versus unsolicited e-mail and telemarketing calls, 45.3 percent of respondents found mail to be, get this – less intrusive; (40.2) percent more convenient – can be saved and considered at leisure; (30.2) less high-pressured – lets you consider your decision; (22.7 percent)more descriptive – lets you picture the offer; and (12 percent)more persuasive – encourages you to respond. I don’t know about you, but those numbers definitely got my attention. What is Cooperative Direct Mail? If you haven’t considered trying direct mail, maybe you should. A properly executed direct mail campaign combined with online marketing methods could be an unbeatable combination. Don’t know where to start? No problem. Cooperative direct mail companies like Valpak and Clipper Magazine make launching a direct mail campaign easy and affordable, for even the most budget conscious small business. So what exactly is cooperative direct mail? Cooperative direct mail simply means you share an envelope with other advertisers – mostly local merchants, but usually a couple of national companies as well. Sharing an envelope with other advertisers reduces your costs significantly. For example, if you were to do a mailing on your own to 10,000 homes, it would cost you thousands of dollars – even at reduced bulk rate postage costs. However, that same mailing shared with other advertisers would only cost you a few hundred dollars. That’s a huge difference that allows you to free up valuable marketing dollars that can be used elsewhere. And if you’re a “push the envelope” type of marketer and really want to take your direct mail campaign to the next level, a new company named Dukky (pronounced ducky) is merging “junk mail” with social marketing and web technology – creating an amazingly effective and powerful marketing combination. Dukky’s web address is www.dukky.com. In closing, if you do decide to give direct mail a try, whatever you do, don’t approach the process blindly. In order to utilize direct mail to its optimum effectiveness, you need to know what you’re doing. In that regard, I highly recommend you purchase the book Million Dollar Mailing$ by the undisputed King of direct mail, Denny Hatch. Just remember: “You will go only as far as the limits of your knowledge. If you want to go farther, increase your knowledge.” – David Jackson David Jackson is a marketing consultant, and the owner of Free-Marketing-Tips-Blog.com – Free, common sense marketing tips to help grow your business. free-marketing-tips-blog.com Post from: SiteProNews: Webmaster News & Resources    |
| Is Advertising Fraud Funding Terrorism? Posted: 19 Aug 2010 10:00 PM PDT 
There is still a part of me that always wants to catch the bad guy and put him in jail – and have even while working in this Industry been involved in catching fraudsters and criminals, and have put a few of them back in jail. However, it’s come to my attention that there might be something even more devious happening in the industry: the very real possibility that interactive advertising fraud is helping to fund terrorism. During my time running a display ad network, there was a constant influx of people submitting websites to our reviewers that looked like legit websites. They would often copy websites, change a few things – many times it was obvious, sometimes it was pretty damn convincing. Using proxy servers, they’d apply using a US IP address and real postal address. For those who weren’t trained in noticing “little problems” in the websites, it would easily seem that they were actually showing advertising on a legit, highly trafficked website. After a month or so, when the site was making money, they would often then change the pay information on the website to another address, or request a wire to an offshore bank account – hoping that some companies would be too busy to notice or even think twice about it. More than once during my time, the new address was in China, or worse in a country with extensive terrorist ties, including Pakistan, Libya or Syria. Every major network, whether it is display or affiliate based has similar stories. There is already significant information that terrorists use the internet for much of their activities, including to recruit, organize and learn. Those “in the know” in Cybercrime can tell you that there are already well known links to terrorism and botnets. The American Federation of Scientists, in a report prepared for Congress, points out that current cybercrime rings have ties to both drug dealers and terrorists. The FBI has long acknowledged that terrorists are using botnets in order to attempt to disrupt the infrastructure of the United States. Botnets have been traced back to the middle-east several times, their complexity growing yearly. The ties to organized crime are well documented and since many of these criminals have no qualms about who they work with, it is easy for them to provide support and training for terrorist groups. Different types of wire fraud, credit card fraud, phishing and other scam mechanisms have been tracked back to terrorists over and over again. Similarly, these methods have been tracked to interactive advertising fraud – which often provides a “legit” method of cash flow, through paid advertising. Interactive advertising is always vulnerable to fraud. Without standard checks and balances, many companies rely on their own knowledge (or lack thereof) and poorly trained staff who haven’t the foggiest idea of how to detect fraud. Companies that provide turnkey products for anyone to create a banner network or affiliate program allow almost anyone with a computer and a few thousand dollars the ability to make a new company. With the complexity of the schemes, even those with basic training can often be fooled by proxy-ip situations that make it look like real people are viewing advertising, clicking on the ads and often even buying products. Anyone who has run a network knows that fraudsters are often applying to networks at an alarming rate, getting hundreds of applications from people that don’t pan out to be real. Since it costs almost nothing to run these schemes and defraud, even if a small percentage of these scams are not caught, hundreds of thousands of dollars a week can be sent to scammers…and into the hands of possible terrorists. There is another problem here that makes this even worse. As we all know, there are some companies in our industry that while they themselves might not be committing fraud (or claim they are not), they are very much lenient on the type of fraud that occurs under their watch. For years I sent notices to various ad networks showing them extreme examples of fraud occurring in their network, and many of them did not seem to care or take notice. For them, often small businesses, turning off a publisher account that makes them thousands of dollars a day seems like a bad idea, so they ignore the fraud. When fraud occurs, they take the attitude “if no one complains too much, especially the advertiser” then why do anything about it? I have argued over and over again that they are just as complicit in the fraud. I now have a much greater case against them – in cases like this, where they don’t take action, they are helping to fund terrorist cells and groups. If we can’t “prove” that the money is directly going to terrorism or turn a blind eye to the possibility, it’s only because much of the industry refuses to connect the dots. If checks are being cut and wires being sent, based on fraudulent activities, to countries that have ties to terrorism, then it’s very likely the money is making its way into the hands of terrorist organizations. It is not a huge leap to reach the conclusion that some part of online advertising in the US is funding terrorism. If you think that the money is going into those countries to fund after-school daycare programs, or to help feed the poor, you’d be sadly mistaken. Terrorist cells in those countries are engaged in many types of crimes, ranging from drug growing to arms dealing, all to fund their desire to destroy the “western world.” We have a responsibility as an industry not only to prevent fraud for the industry, but for the greater good. Fraud of this kind doesn’t just hurt your clients, and eventually your business, but could be hurting many people in a real, tangible way. I even had a friend, who is a recognized expert in Affiliate marketing tell me that he knows of Affiliate networks that send checks to Iran, Syria, Pakistan knowing “full well what they are tied to.” I urge the industry as a whole to look at these issues and examine them. I urge the IAB and the DMA to address the overwhelming issues of fraud in our industry and the need for the industry to make changes that prevent not only the fraud, but prevent the money being used to fund terrorism. Maybe a decade ago, such thoughts would be considered the rants of a crazy guy. Now, with all we have learned, and with the giant leaps in technology and the well-documented connections of cybercriminals to terrorist organizations, we need to open our eyes… if only a little bit. In perhaps the fastest growing industry ever, one person has made a name for himself as a leader and innovator. Pace Lattin, the publisher of the top newsletters in new media and online advertising, is one of the inventors of many of the technologies and methods that have become standards in the industry. He has been called many things, including a rabble-rouser, a guru, an innovator and a watchdog — but one thing stays the same: he is one of the most interesting leaders and commentators in the online advertising industry. Marketing Sherpa, a leading marketing research publication called him the most influential journalist in online media for a reason. IndustryPace.com Post from: SiteProNews: Webmaster News & Resources    |
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