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  1. #1
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    All,

    This is from an advertiser newsletter:

    quote:
    On a different note, I've decided to weigh-in regarding the problems Gator is happening. Let me make it really clear that the industry as a whole needs to support Gator, if only because they are looking for new and innovative methods for reaching users. I honestly don't care if you think what they are doing is semi-scummy, but you still need to support them. I am sincerely amazed that the court issued any type of injunction against them, because the case is on a whole ridiculous.

    People download Gator product, and in turn they are giving permission for Gator to show advertising. For the websites to claim that this is violating their copyrights is silly, because this means that any advertising supported software could in theory be violating their copyrights. Soon you might have people claiming that Opera browsers shouldn't have advertising in it, because it might infringe the rights of the sites that are seen. The content is not being changed, so I am unsure what the judge was thinking of in his ruling.

    On top of that, the ruling seems to violate the first amendment rights of Gator. In theory they are displaying alternative commercial opportunities when people visit these sites, and giving consumers more choices. The fact that their software is showing advertising for competing products for some sites should have no relevance in the case. This is like claiming that I am violating the rights of a competitor if I put a billboard across the street from him, or handed out fliers in front of his store. No court would ever try to violate my first amendment rights to do this, but in this case since it is online we have some tech-illiterate judge who probably still thinks light switches are a "cool thing." The proof that Judge Hilton is completely clueless comes with his ruling in which he prohibits Gator from "tampering" with the websites -- as if he understands that their program is changing content or changing the look of the site. This is not the case.

    What really upsets me is that the Internet Advertising Bureau, the organization that is supposed to represent this industry, is once again quiet on the issue. But don't forget that this is the organization that criticized Gator in the past for basically being "too innovative." The Internet Advertising Bureau once again gets my award for being a useless organization that serves no purpose except to be a masturbation tool for the board members. Maybe they should come out in support of companies that are trying to do something to improve our economy instead of supporting a few select companies that pay for their hookers

    A.B.
    Name of Newsletter withheld to protect them, not to infringe on their (C)


    My response:

    quote:
    Bumb,

    I really enjoy reading your newsletter, but you sparked me to voice my opinion about Gator.

    Gator, Currently incorporates tactics that are predatory towards publishers, large and small. If I as an affiliate marketer, pay for traffic via a PPC search engine why in the world would Gator or any company think that they have a right to pop up on my site? I pay the hosting fees, I own the rights to my site and pay for the traffic, Gator who incorporates "drive by downloads", hidden "trickling" downloads and blind downloads, and basically strong arms merchants / advertisers with fees up to $50K so they will not allow competitors to pop up on their sites .... is this what you call the industry to "support"? If so that is indeed pretty sad!

    >>>This is like claiming that I am violating the rights of a competitor if I put a billboard across the street from him, or handed out fliers in front of his store.<<<

    Gator's product goes "INTO THE STORE" and *DRAGS* the consumer into the competitors' store, as such they are "tampering" with websites, Judge Hilton is 100% correct! This issue is about ending parasitic activities of online marketers like Gator!

    The one thing you did get right was the IAB ... it IS a "useless organization that serves no purpose except to be a masturbation tool for the board members"

    Continued Success,

    Haiko
    Haiko@abestweb.com
    ====================================
    http://www.abestweb.com
    The Fastest Growing Affiliate board
    4,400++ members are not wrong!
    ====================================


  2. #2
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    The author of this newsletter probably thinks Ken Lay ( Enron) and Bernie Ebbers (Worldcom) are pillars of their industries and are getting a bad rap. What a worthless attempt at justifying hijacking site traffic for their corporate greed. Gator needs to be completely eliminated from the affiliate arena.

  3. #3
    ABW Ambassador Andy's Avatar
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    quote:
    This is like claiming that I am violating the rights of a competitor if I put a billboard across the street from him, or handed out fliers in front of his store.


    What a flippin' idiot!

    It's like putting a billboard in front of a competitor's billboard, blocking it from view!

    I wonder how many people subscribe to his newsletter? I hope a lot of his subscribers tell him how wrong he is. If Gator and other parasites are allowed to continue doing what they're doing, there aren't going to be any publishers left, just the parasites. They publish nothing, they steal.

    Who will they steal from when there's no one left?

    Andy

  4. #4
    Affiliate Marketing Consultant Linda - 5starAffiliatePrograms's Avatar
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    No, it's worse than that! In my opinion here is the REAL brick and mortar analogy.

    I just downloaded Gator to see how it's stealing my traffic. 1st I went to Yahoo and clicked a link for Gateway Computers. As soon as I got to Gateway's site (they paid to build and maintain) I got 2 pop-ups. 1 for 70% off computers at Ubid and 1 for 1 cent shipping for Sony computers.

    BRICK & MORTAR ANALOGY
    Picture a Gateway computer store. Now picture
    Sony sneaking onto their private property, digging 2 holes and putting a big Sony billboard right in front of the front doors so customers can barely get in.

    Trespassing - distruction of property and unfair or illegal advertising.

    In our case, since we are fairly niche - none of our competitors have paid Gator to advertise on our site - so if you search for one of our keywords and click on OUR PAID PPC ad - you go to our site and then Gator pops up either a Lycos
    SERP page for OUR KW or an Overture serp PAGE FOR OUR KeyWords.

    SO IF Gator can't make money on certain KW from advertisers - then they get paid for clicks from Lycos and Ocerture!

    BRICK & MORTAR ANALOGY
    An ad company sneaks on to our PRIVATE PROPERTY and digs 2 holes and puts a big billboard in front of OUR STORES FRONT DOOR - Saying "Here are all the local competitors you could buy from instead!)

    A billboard accross the street on public property is one thing. A competitors billboard ON OUR PRIVATE PROPERTY - blocking OUR ENTRANCE - whether it's our physical store or our virtual store is illegal.

    We pay for our PPC ads and we pay to build and maintain our site. It is private property and no one should be able to deface it - especially with competitors ads!

    That article just burns me!

    Linda
    Ecommerce & Affiliate Manager
    ProSound and Stage Lighting
    www.pssl.com
    Email & Search Engine Marketing
    www.catalystEmarketing.com

  5. #5
    ABW Ambassador
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    quote:
    gets my award for being a useless organization

    quote:
    The proof that Judge Hilton is completely clueless
    quote:
    . Maybe they should come out in support of companies that are trying to do something to improve our economy instead of supporting a few select companies that pay for their hookers

    Sorry, but even if this is a high ranking really powerful person who puts this newsletter together, jut the tone of the decriptions leave me with a less than stellar view of their writings.

    but on the other hand not gonna play favorites here

    quote:
    it IS a "useless organization that serves no purpose except to be a masturbation tool for the board members


    Is this last comment really needed in here???

    WW

    It was so cold last winter that I saw a lawyer with his hands in his own pockets.

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