Panelists:
Tom Manspeaker – Direct Leads
Linda Goodman – The Goodman Law Firm
Steven Richter – OptinRealBig.com
Mark J Rosenberg – Of Counsel, Sills, Cummis, Epstein & Gross P.C.
Ernie St. Gelais – LinkConnector
The panelists kick off by discussing the legal issues relating to behavioural targeting. The key is that information is build up using non-user identifiable information.
The Federal Trade Commission is looking into deceptive advertising. When is something that is free, not free? It seems that they’re targeting companies that get consumers to be automatically enrolled into survey products. The FTC is looking at ruling that incentive sites are not operating above board and the free ads for iPods, for example is deceptive.
The FTC has an entire e-book on their site, called Dot Com Disclosures, but according to Linda, the book contradicts itself.
This session seems very to and fro, as most legal discussions are. Not sure how much more I can take! This can happen, that can happen, this can happen, that can happen – usual lawyer rambles.
Apparently, also, there are State laws, regulating the use of the word “Free” on incentive sites. Steven Richter basically compares affiliates incentivized site law with the CAN-SPAM act of 2005, and how in the past, all the states also had different laws, which were finally combined under one law.
Can trademarks be used in your campaigns? According to Mark, yes you can use it – but if you cause confusion, then you are infringing it. He also says that different courts have different rules. If you’re selling a trademark product or comparing it – there should be no problem using that trademark.
There is far too much legalese/technicalities here – my brain is shutting down. It’s amazing how complex law is in general – and if startups had to follow rules by the book – they would never startup!
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