Universal Music Takes Down Maroon 5's Own Video With A Copyright Claim
from the nice-work,-geniuses dept

by Mike Masnick
Thu, Jun 4th 2015 3:08pm
Filed Under:
content id, copyright, maroon 5, promotions, takedowns
Companies:
interscope, universal music, youtube
by Mike Masnick
Tue, Apr 21st 2015 11:34am
Filed Under:
bittorrent, hannibal, marketing, promotions, psa, sony emails
Companies:
sony
Personally, I love this and this it is a great promotion – unfortunately, however, the studio position is that we absolutely cannot post content (even promos) on torrent sites. The studio spends millions of dollars fighting piracy and it doesn’t send a good message if we then start using those same pirate sites to promote our shows.Well, first of all, it's not a "great promotion" because people have tried putting up similar fake torrents for ages, and it tends to just piss people off. There's a reason they're downloading it rather than watching it on TV and telling them to just watch it on TV probably doesn't help anyone. It just pisses them off. But let's leave that aside for a minute.
I called Paula and restated that this is simply a long road to “no” because it so severely undercuts our efforts not only in CE, but all we have accomplished elsewhere (and that could be compromised by making the distinction between bad & good sites more gray)… Forget about a site blocking strategy if we start putting legitimate PSAs or promos on sites we’ve flagged to governments as having no legitimate purpose other than theft… PSAs being for public good, etc…Elsewhere in the email thread, Sony Pictures' top lawyer Aimee Wolfson notes that "this is a highly problematic idea":
This is a highly problematic idea. Even with a PSA message, it will be easy for the pirate sites to cite it as (a) lawful activity on their site, and (b) an attempt to promote the show. (Note that the attached script is definitely promotional, and responds to the pirate viewer’s activity with a knowing and conspiratorial “wink” – not the message we would want to send.)Meanwhile, the Sony TV and marketing people keep pushing for this idea, with Sony TV boss Steve Mosko saying "this is really important to me" and others recognizing that this is a "clever" idea, considering that the European team has "no budget."
I'm not a coupon person. I don't know why I'm not, but I don't find myself at the grocery store digging through a coupon wallet the way my mother did to ensure I get $.25 off on that discounted meat I like to buy for a little game I call "Will this kill me tonight?" When shopping online, however, it's a completely different story. Like many others, checking out of an online store isn't complete until I run the brand or retailer through a search engine to see if there are any online coupons I can use. One of the common sites that comes up is RetailMeNot, an aggregator of coupon codes. Sometimes the codes work, more often they don't, but it's all part of my buying process.
And you have to imagine that, for the most part, retailers love sites like this. Coupons, after all, are designed to get buyers to try out a store or a brand. Making those coupons more widely available should naturally result in more first-tries, more purchases when there might otherwise be less. It's a promotional tool, if nothing else, likely a free advertising source for these stores and brands. Mary Kay Cosmetics, in its never-ending wisdom, has decided to sue RetailMeNot for fraud and trademark infringement, litigating against the hand that feeds them.
Mary Kay Cosmetics is suing affiliate site Google Ventures-backed RetailMeNot in federal court for precisely for this reason. The company doesn’t sell directly to the public — though its corporate site makes it appear otherwise — and says it doesn’t offer deals or coupons. Therefore the company says that RetailMeNot’s presentation of Mary Kay coupons misleads consumers and harms the brand and its relationship with its sales reps (independent consultants) in several ways.Okay, a couple of things to note from that pull quote. First, Mary Kay absolutely does sell direct to customers on its website. Not its entire catalog, perhaps. For that, you probably have to deal with one of the low-on-the-pyramid "sales reps" that hasn't figured out the Mary Kay business model yet. As for whether Mary Kay offers coupons or deals, they absolutely do that, too. You can get free gifts with certain purchase amounts or free shipping on certain amounts, for instance. I played along at the Mary Kay website to find out, so you can see the screenshot below.
Now, while these aren't the kinds of coupons that have a code, the kind that people will usually travel to a site like RetailMeNot to get, so what? RetailMeNot is a service for alerting consumers to sales, coupons, and deals. When there is no coupon code, the site drives traffic directly to the retailer's site for the deal instead. For instance:
The Mary Kay site is displayed and consumers are directed there for their needs. I have no idea where the fraud is here and, if it's trademark infringement, it's the kind of infringement most businesses should be begging for. Driving traffic of interested consumers directly to your website? That deserves a "thank you", not a lawsuit.
And, in truth, the higher ups at Mary Kay probably have no problem with any of this. Unfortunately, the Mary Kay business model means that consumers visiting the website really aren't Mary Kay's most important customers. It's lower level employees are. The folks at the bottom of the triangle have been complaining that their customers are referencing the deals on the Mary Kay site that RetailMeNot is pointing out and demanding the same deals from the local reps. And, because Mary Kay makes a fat percentage of its money directly from those reps, rather than from consumers, pissed off "Independant Beauty Consultants" are a problem. Hence the stupid lawsuit in which Mary Kay admits as much.
RMN’s listing of these “sales,” “deals,” and “coupons” harms Mary Kay and its relationship with its customers (the IBCs). Mary Kay has received various complaints from IBCs and others, who have been pressured by customers to accept and/or honor the false or unauthorized “coupons” posted on RMN’s website.RetailMeNot's site is pointing back to Mary Kay's website. That's what makes all of this not only legal, but certainly not underhanded. Now, I still can't quite fathom why Mary Kay, even after admitting who its real customers are in a legal filing, can't immediately be disbanded as a pyramid scheme, but that's entirely besides the point. RMN is under no obligation to keep Mary Kay customers happy and driving traffic to a retailer's website isn't grounds for a lawsuit. And it appears the site is willing to fight, according to the statement it provided.
RetailMeNot, Inc. takes concerns related to third party intellectual property very seriously. RetailMeNot, Inc. continues to believe that it operates in compliance with law and in the best interests of consumers and its retail partners by aggregating information to help shoppers save money using its websites and mobile apps. RetailMeNot, Inc. believes the allegations in this lawsuit are without merit and intends to vigorously contest this matter.Sigh. No good deed and all that....
by Karl Bode
Wed, Mar 11th 2015 6:09am
Filed Under:
broadband, budget minded customers, cable, competition, promotions
Companies:
cablevision, verizon
"We found out that we were pushing subscribers back and forth on a highly promoted basis," said Cablevision vice chairman Gregg Seibert, speaking Monday at the Deutsche Bank 2015 Media, Internet & Telecom Conference in Palm Beach, Fla. "I don't want to roll a truck to you every two years if you keep going back and forth to another provider … So we're getting rid of that lower quality, lower profitability base of subscriber."Except "pushing subscribers back and forth" is what competition is. Fighting to offer a better value than the other guy is how competition works. That Cablevision and FiOS can just choose when they'd like to seriously compete illustrates perfectly how even in U.S. markets we consider to be more competitive, what we're usually witnessing is just coordinated competition theater. When consumers only have one or two real options for service, and both of those options quietly agree on an unwritten competitive cease fire, there's simply no longer any reason to even try. It's then a lovely layer of hubris to publicly express disdain for customers looking for something better.
by Michael Ho
Fri, Nov 7th 2014 5:00pm
Filed Under:
alan marin, contests, food, free meal, pasta, promotions
Companies:
ben and jerry, china eastern airlines, olive garden, taco bell
by Tim Cushing
Tue, Aug 5th 2014 9:12am
Filed Under:
copyright, promotions, sharing
Companies:
amtrak
Sharing is a universal concept. Or so you would think. But even a three year-old has a better grasp on the concept of sharing than Amtrak does.
An Amtrak passenger uploaded a photo taken from an Amtrak car to Instagram and tagged the company. The company's Twitter account responded, asking the passenger if he'd mind "sharing" the photo with Amtrak.
@nruibal We love this pic! Mind sharing with us? Click this link. http://t.co/w9uGua3JXE
— Amtrak (@Amtrak) July 28, 2014
@Amtrak btw, I don't mind *giving* you this photo, but you shouldn't use the word "share" when you mean "permanently assign copyright"
— Nathan Ruibal (@nruibal) July 30, 2014
btw, I don't mind *giving* you this photo, but you shouldn't use the word "share" when you mean "permanently assign copyright"You see, when Amtrak says "share," it actually means "take your stuff and never give it back." When this Twitter user "shared" this with Amtrak (via social media management platform Percolate/Fanbranded), he gave up everything.
This Photograph Copyright Assignment Agreement ("Agreement") is entered into by and between the National Railroad Passenger Corporation ("Amtrak"), a corporation organized under 49 U.S.C. §24101 et seq. and the laws of the District of Columbia, with its principal office located at 60 Massachusetts Avenue, N.E, Washington, DC 20002 and Photographer for the assignment of the copyright in the photograph(s) ("Photographs"), which are attached to this Agreement as Exhibit I.The short version:
Grant of Rights
Photographer does hereby grant, assign and transfer all right, title and interest in the Photographs to Amtrak and any registrations and copyright applications relating thereto, including any renewals and extensions thereof. Photographer agrees to execute all papers and to perform such other proper acts, as Amtrak may deem necessary or desirable to secure for Amtrak the rights herein granted, assigned and/or transferred.
Attribution
Amtrak may, but is not required to, identify and credit Photographer and Amtrak may use or authorize the use of Photographer’s name, likeness or pertinent biographical material in connection with the advertising and promotion of any work containing all or part of the Photographs.
Entire Agreement, Modifications and Governing Law
This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any prior discussion or agreements between them relating thereto. No modification or amendment to this Agreement shall be valid unless in writing and signed by both parties. This Agreement shall be governed by and construed in accordance with the substantive laws, but not the laws of conflicts, of the District of Columbia.
In submitting an Application, Applicant hereby grants Sponsor the absolute, worldwide, and irrevocable right to use, modify, publish, publicly display, distribute, and copy Applicant’s Application, in whole or in part, for any purpose, including, but not limited to, advertising and marketing, and to sublicense such rights to any third parties. In addition, Applicant hereby represents that he/she has obtained the necessary rights from any persons identified in the Application (if any persons are minors, then the written consent of and grant from the minor’s parent or legal guardian); and, Applicant grants Sponsor the absolute, worldwide, and irrevocable right to use, modify, publish, publicly display, distribute, and copy the name, image, and/or likeness of Applicant and the names of any such persons identified in the Application for any purpose, including, but not limited to, advertising and marketing.If Amtrak was looking for a bunch of free marketing material written by a cast of thousands, it found it. And then, it stripped away any rights the authors had to their creations, even if they weren't one of the 24 finalists. Amtrak isn't looking for talented, original writers. It's looking for some really cheap spokespeople.
The Amtrak Residency’s terms and conditions, which prescribe a search for publicists, not the next great American novelist. Applications and writing samples that pass an initial evaluation will then be judged by a panel “based on the degree to which the Applicant would function as an effective spokesperson/endorser of [the] Amtrak brand.”Amtrak really needs a refresher course on sharing. Companies can be partners with creators but far too often, they seek complete control. Notably, everything defining this stripping of the creators' rights happens in the fine print. If you assume the worst about Terms and Conditions, you'll rarely be disappointed. But it takes a certain blend of audacity and forced cheerfulness to use the word "share" to describe what's going on here.
Roughly a year ago, Nintendo began a bold plan of declaring war on well-known YouTubers who created "let's play" videos using Nintendo IP. Well, perhaps war isn't the right word. Suddenly and swiftly, it claimed these YouTube videos through the site's system that then allowed it to push ads into the videos, the revenue for which it shared between YouTube and itself, leaving the videomakers out in the cold. It was misguided in several ways, the most obvious being that these kinds of videos and their creators are essentially free advertising for Nintendo, getting the word out to potential customers about games they may then pick up. It strains the mind to think of any large numbers of people who might substitute a "let's play" video for actually playing the game themselves, but Nintendo is Nintendo, so the company opted for control over goodwill.
Perhaps only coincidentally (or maybe not...), the last year has been rough for the gaming company. Console sales are down across the board, and Nintendo appears to be pinning its hopes on a couple of triple-A games coming out to save its skin -- which makes it all the more interesting that Nintendo is also announcing a new plan to share ad revenue with YouTubers who sign up for its affiliate program.
Nintendo's statement came from a series of messages on its Japanese Twitter account that mentioned "several affiliate programs" for YouTube users that would allow them to "receive a portion of the advertising revenue" coming from videos featuring gameplay footage. I reached out to the company for additional information, and here's what a representative from Nintendo of America had to say:On the surface, this seems like a huge step in the right direction. The once monolithic stance on collecting all the revenue possible from these videos is finally giving way to a program that will allow some of the fan-gathering YouTube personalities to have some skin in the game. You'd think there would be praise across the board for this. You'd be wrong. Between the ill-feelings still lingering from the actions of last year and the wariness of working under the umbrella of a Nintendo affiliate program, some of the bigger names seem suspicious in this phase where details are still lacking on the program.
"Nintendo has been permitting the use of Nintendo copyrighted material in videos on YouTube under appropriate circumstances. Advertisements may accompany those videos, and in keeping with previous policy that revenue is shared between YouTube and Nintendo. In addition, for those who wish to use the material more proactively, we are preparing an affiliate program in which a portion of the advertising profit is given to the creator. Details about this affiliate program will be announced in the future."
Zack Scott, another popular YouTuber and the one who first brought the issue to light last year after he noticed that some of the Nintendo-focused videos on his popular ZackScottGames channel were being tagged with the network's Content ID system, told Kotaku at the end of last June that he had resumed posting such work once Nintendo appeared to back away from its crackdown. I followed up with him today to see if anything had changed since his tentative return to posting Nintendo-centric "Let's Play" videos last year. He said that while he's been impacted "very, very minimally" by any changes in Nintendo and YouTube's policies so far, he could "definitely see a future" where this has a bigger influence.Left unsaid is the converse: will Nintendo use its affiliate program to attempt to exert control over YouTubers' video content. Keep in mind that the Nintendo IP on display isn't really the draw in these videos. After all, there are a million such videos for a million games. The popular ones are popular because of the personality of the YouTuber. They share the stage with the game and they got their audience on a ledger of trust from the viewers. If Nintendo attempts to leverage that trust by exerting control through its affiliate program, such as by only allowing access to content in exchange for positive or non-negative editorial speech within the video, it will be a massive problem, one that will ultimately backfire in Nintendo's face, while torpedoing a bunch of YouTube personalities along with it.
"I feel the relationship between video creator and content publisher is mutually beneficial," Scott wrote in an email. "Numerous companies already understand this balance. I'd hate for the model to become where a popular creator can request revenue of a publisher in exchange for coverage. I'd equally hate for a publisher to request revenue of a creator in exchange for access."
by Michael Ho
Mon, May 5th 2014 5:00pm
Filed Under:
ads, advertising, content, funny, maxima, promotions, subservient chicken, viral ads
Companies:
burger king, craigslist, nissan, skymall
by Tim Cushing
Wed, Apr 23rd 2014 12:15pm
Filed Under:
cfaa, cybersecurity, promotions, rebates, security, security hole, user data
Companies:
acb incentives, lg
[Update: hole has been closed by ACB's IT team]
The Computer Fraud and Abuse Act is so severely flawed that people are extremely hesitant to report security holes in websites, especially after witnessing what happened to Weev (Andrew Auernheimer), who went to jail for exposing a flaw in AT&T's site that exposed user info when values in the URL were incremented.
The same goes here with this submission from an anonymous Techdirt reader who added this note, along with a link to a post in the Computer Security subreddit.
"I remember a person was recently arrested for finding this same flaw in a website and told (at&t/apple??) about it. He was arrested and jailed if I remember right. This is the type of chilling effects that come when people view techies as hackers and are arrested for pointing out flaws.Is that overdramatic? Doubtful. People have reported security flaws to companies only to have these entities press charges, file lawsuits or otherwise tell them to shut up. Weev's only out because the government's case was brought in the wrong venue. The CFAA, which has been used to punish many helpful people, is still intact and as awful as ever.
The flaw is in:
http://www.acbincentives.com/lgnetflix/claimdetails.asp?txtclaimnum=30345
By changing the number at the end you can harvest personal info.
I won't report the flaw, I could go to jail."
Wed, Oct 9th 2013 4:05pm
Filed Under:
games, government shutdown, promotions
Companies:
gog, good old games
I'm not sure if you heard, but the United States government has been shut down, or has been "slimmed down," or is partially funded, or whatever some talking noggin on your favorite cable news network has told you this news cycle. Terror is being expressed, much talk has been made over the dire consequences, and everyone is looking for someone to blame as our government pulls its latest hissy-fit slap-fight instead of being productive. Yay, democracy. Anyway, the result is a great many furloughed government employees with their retroactive pay guaranteed and a whole lot of self-reflection time on their hands.
No worries, because retro-gaming website Good Old Games is here to help. They've decided to make the further assclown-ery of our esteemed elected lizard-people a sort of theme for their latest publicity stunt. They're going halvsies with customers on game titles like Capitalism 2 and Theme Hospital. But the deal is even better if you're one of those furloughed folks on the government teet.
Finally, we would like to express our condolences to everyone who's been furloughed by the shutdown. More than that, actually, we'd like to offer you the games pack of our special Shutdown Promo for free. Send an email to thanksobama@gog.com with your picture holding the official furlough letter you received, before Friday 11 October 2013 at 12:00 EDT and we'll give you The Guild: Gold Edition, Capitalism, Capitalism 2, Tropico: Gold Edition, Alpha Centauri + Alien Crossfire, Theme Hospital, and Redneck Rampage free.GOG, which has experimented with some forward-thinking promotions in the past, really knows how to turn government ineptitude into an opportunity. Yes, this is an obvious publicity stunt. Yes, I'm helping that stunt by writing this article. But I don't care, because the prospect of government employees essentially getting retroactively paid to play games based on healthcare, government, and capitalism, all of which they're getting for free, is the kind of recursive irony that tastes as good as a cut of prime rib.
Explore some core concepts: