Results 1 to 13 of 13
  1. #1
    Newbie
    Join Date
    January 18th, 2005
    Posts
    11
    how do other affiliate marketing sites deal with the patents of linkshare, befree, amazon.com

    I was reading on affiliate sites and which one to sign up. And then I came across a few patetns that befree and linkshare have won.

    I am curious and concerned that if I sign up with your organization then what if you get an letter from the patent holders that you have violated the patents.

    Basically I want to know that how are other affiliate marketing sites still around when a few hold affiliate patents. This is important to knwo since based on this i can make a discision on which affiliate marketing site I should use.

    Also I am new to this so please excuse me, I am not sure so I am going to post this question to each of the affiliate sites, if that wrong you can delete the question. thanks inadvance for all your help.

  2. #2
    ABW Ambassador
    Join Date
    January 18th, 2005
    Posts
    4,423
    Brian you missed some forums - or are you just getting started?

    Chet

  3. #3
    Newbie
    Join Date
    January 18th, 2005
    Posts
    11
    I am sorry I didn't understand your question. yes i am new.

    The reason i am askign is I came across article in which they said linkshare has won a patent on certain affiliate marketing methods. And I am wondering how these other affilaing marketing sites are in business.

    Lets say I wanted to start an affiliate marketin site (hypothetical) or more likely joining one of these affilaite marketing sites then will they be shut down anytime soon because ot this? That is what i am trying to know.

  4. #4
    ShareASale President/CEO and ABW Veteran Brian - ShareASale's Avatar
    Join Date
    January 18th, 2005
    Posts
    3,657
    @Chez - i like the way it was "language sensitive" though... "Question" for US based companies, and a "Query" for an AUS company.



    Thanks,

    -Brian Littleton
    -Owner/Operator Shareasale.com
    brian@shareasale.com

  5. #5
    Newbie
    Join Date
    January 18th, 2005
    Posts
    11
    i am sorry i posted my last reply twice. I guess it takes a few seconds to refresh.

    Also please move my question if its in the wrong place. As mentioned I am going to start a site and signup to a few affiliate marketing sites and I thought it was interesting so I brought it up.

    Thanks for the quick feedback so far. Wow you guys are quick.

  6. #6
    Newbie
    Join Date
    January 18th, 2005
    Posts
    11
    Here are the two links that I read about patents:

    http://www.channelseven.com/newsbeat...19991207.shtml

    http://www.internetnews.com/IAR/article.php/255201

    Let me know what everyone things on this.

  7. #7
    Newbie
    Join Date
    January 18th, 2005
    Posts
    11
    Mr Brian (Mederator)

    I am new to this forum stuff so I have no idea what you just typed, maybe this is your fancy forum talk but please translate it for me though:

    " @Chez - i like the way it was "language sensitive" though... "Question" for US based companies, and a "Query" for an AUS company."

    Sorry dont understand what that has to do with my question maybe i just didnt get it.

  8. #8
    ABW Ambassador
    Join Date
    January 18th, 2005
    Posts
    1,086
    The patent complaints are more likely to be lodged against the networks than the individual sites. I do not know any affiliate sites that have received cease and desist orders for having an affiliate site. If you do receive a cease and desist order, I suspect that ceasing and desisting generally stops the problem.

    The question of patents is more likely to involve the networks. They are the ones violating Amazon's patent by existing. You are just using a program. Copyright and trademark issues abound in affiliate marketing. Patent issues rarely show up in the affiliate world. I think it has something to do with the fact copying and pasting links is not exactly rocket science.

    The questions of patents probably comes in if you are setting up your own network program. It probably will not arise if you are a merchant setting up your own commission tracking program.

    Personally, I would like to know what patent hassles the networks suffer. What things have the networks done to do to keep out of the patent related snit fits?

    sound thinking

  9. #9
    Newbie
    Join Date
    January 18th, 2005
    Posts
    11
    Thanks for answering my question yintercept. So that means we should be ok as an affilaite.

    Well what about the networks. What if they get and shut down, its a loss of money and time for us.

    I guess the correct question as yintercept has asked is, is how are networks dealing with the patents?

    Also where is the best place to post a legal question like this?

  10. #10
    ABW Ambassador
    Join Date
    January 18th, 2005
    Location
    Nunya, Business
    Posts
    23,684
    It's nothing an affiliate has to worry about, affiliate marketing has been around almost 10 years. Don't worry about.

    I work in lounge pants . Looking for a sponsor, PM with offer.

  11. #11
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
    Join Date
    January 18th, 2005
    Location
    St Clair Shores MI.
    Posts
    17,328
    My take is if Linkshare could have used their patent to run CJ and BeFree out of the game they'd have done it back in 1999. Obviously tracking sales and clickstreams is proprietary technology with each network. Amazon had the first patent or copywrite and in 1998 they bailed on a legal battle to enforce it on the startups.

    All the networks did was use the old time computer VAR (value added reseller) model and place tracking/reporting cookies on the common banner server technology. Same old song and dance trying to get paid on referral sales due to a variety of excuses. They chose a zero risk advertising mindset requiring startup and monthly ad server fees for merchants and stipulating to affiliates ....you get paid when we get paid. CJ changed that by requiring excrow merchant accounts and consolidated payouts.

    You'll find your inquiry meaningless as their are only a handful of merchants on each network worthy of a showcase status. It's like a 3 card mollie game of finding the winners. No patent looms to threaten the landscape or whack a competing network as the affiliate industry, like the SE's, have just a few players and some wannabees.

    ABW puts pressure on them by screwing with their implied responsibility to recruit active affiliates for those fancy monthly fees. We rightfully deserve our PITA title as they sure haven't been able to do one thing right if left on their own.

    Mike & Charlie ...

    If they won't adopt and feed a bird ..flip them one! BBQ some Gator and remember to flush WhenU..

  12. #12
    Full Member
    Join Date
    January 18th, 2005
    Posts
    212
    quote:
    Originally posted by BrianWilliams:
    I am sorry I didn't understand your question. yes i am new.

    The reason i am askign is I came across article in which they said linkshare has won a patent on certain affiliate marketing methods. And I am wondering how these other affilaing marketing sites are in business.

    Lets say I wanted to start an affiliate marketin site (hypothetical) or more likely joining one of these affilaite marketing sites then will they be shut down anytime soon because ot this? That is what i am trying to know.


    If I was you I would just stay away from this whole thing.

  13. #13
    Full Member
    Join Date
    January 18th, 2005
    Posts
    279
    BrianWilliams, your concern may not be what you're thinking.

    Here is the patent information for LinkShare; while patent is only for protecting methods, the abstract and claims will give you a fair idea what exactly are protected:

    http://patft.uspto.gov/netacgi/nph-P...e&RS=linkshare

    Being an affiliate is to partner with merchants (through affiliate networks and/or in-house programs), and to promote these merchants' services and/or products, which is a totally different arena. You will need to concern more about trademark and copyright issues.

  14. Newsletter Signup

+ Reply to Thread

Similar Threads

  1. Daily deal sites and affiliate programs
    By CTanK in forum Groupon
    Replies: 12
    Last Post: February 3rd, 2011, 01:42 PM
  2. Replies: 0
    Last Post: May 25th, 2010, 03:33 PM
  3. Amazon Gets Patents on Consumer Reviews
    By Allen Nance in forum Amazon
    Replies: 2
    Last Post: November 11th, 2005, 04:36 PM
  4. Affiliate Program: In house vs. CJ, Linkshare, Befree...
    By Choicemgr in forum Midnight Cafe'
    Replies: 18
    Last Post: January 17th, 2004, 09:28 PM
  5. Affiliate Sites Listed in Amazon
    By Tracy in forum Amazon
    Replies: 3
    Last Post: July 29th, 2003, 10:50 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •