June 2009

GM Uses Legal Threats to Limit Auto Liability Debate: If Only Section 230 Extended to Traditional Media

June 30th 2009

Why should speech traveling down Comcast’s wire to my computer enjoy better protection than that arriving via the same wire to my television? Consider this fact pattern: A group of consumers, looking to stop GM from using bankruptcy to escape current and future product liability claims, seeks to make its cast to the administration via […]

Squatting on Your Digital Identity

June 29th 2009

In May, St. Louis Cardinals manager Tony La Russa filed suit against Twitter in California Superior Court, essentially claiming that someone using his name was posting comments that damaged his reputation and caused emotional distress. The suit also claims damage to La Russa’s trademark rights. Ordinarily, I would have thought little about the case, believing […]

Satire, Parody, and Copyright: Republican Govs Ape NYT’s Format

June 25th 2009

The Republican Governors’ Association has launched an attack website against Democrat New Jersey Gov. Jon Corzine. The site, called the Corzine Times, is formatted to resemble the New York Times. The grey lady has sent a cease and desist letter to the Republican governors. The demand letter claims trademark infringement, claiming that similar logos and formats […]

Erosion of Speech Freedoms is How Censorship Grows in the U.S.

June 23rd 2009

Censorship it easy to spot when China or Iran simply turn off media channels. However, in the US, well-meaning local agencies are also advancing censorship. Want a job? Give us your social media passwords. The City of Bozeman, Montana, has a long-standing policy of requiring job applicants to provide usernames and passwords for “any and […]

Movie Fun: Did Spock Violate Student/Teacher Policies?

June 23rd 2009

When we’re not talking about online marketing and the law, we discuss Star Trek ethics, right? Rebecca Tushnet raises this question in her 43(b)log related to the latest Star Trek movie. She points out that Spock is an instructor at Starfleet Acadamy, and apparently has had a relationship with Uhura, who was at one point his […]

Jammie Thomas Fined 1.92 Million for Sharing Two Dozen Songs

June 18th 2009

Jammie Thomas, a young mom who has become the Joan of Arc of file sharing, was found guilty of violating 24 song copyrights, and fined 1.92 million dollars, yep, about 80k per tune. Justice? Ars Technica The jury found Thomas-Rasset’s conduct to be willful, which means that statutory damages under the Copyright Act can range […]

Advertising at the Airport…The Island of Misfit Promotion

June 16th 2009

Capgemini and the “Big Reveal” Professional services is a staple of airport advertising. But having seen this one at least one thousand times I still don’t understand how it sells Capgemini. Is the blue-suited lady the consultant, and is she inspiring her clients to disrobe?  Or are the super hero-suited businessmen the consultants, and she’s […]

Kodak’s Jeffrey Hayzlett is B2B Marketer of the Year

June 11th 2009

Last night, Jeffrey Hayzlett, Kodak’s Chief Marketing Officer, received the Business Marketing Association’s Marketer of the Year Award.  Besides being a force in Kodak’s increased focus on business customers, he’s been a long-term contributor to the BMA and other associations that help elevate marketing. Though this was shot from a few rows back, I hope […]

Bankshot Analysis: Related Change Drivers in Online Marketing Trends

June 10th 2009

At the Quad Cities Ad Federation in Moline we discussed how sometimes related drivers combine to precipitate market trends, and ended up with a diagram that I’m calling a “bankshot.”  The general pattern is that a predictable driver causes a predictable outcome, and a modifying outcome builds on that to create a  second condition, which […]