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  1. #1
    Join Date
    January 17th, 2005
    [This is a respose to a private message, but I thought I'd give it a wider audience]

    If Morpheus does its stuff on the Merchant websites the merchant is having their content used for purposes they never intended and it causes loss. This is not a fair use of the merchants copyrighted work.

    Its willfully, its for profit and its federal.

    The hardest bit is defining who exactly has been harmed. Certainly the affiliate and if this was English law it would be a clear case of civil negligence. But I don't want civil.

    It is inducing a breach of contract between affiliate and merchant (only a crime in California and a few other places) and the networks are also in breach - as in using Morpehus they had decided not to keep ther contract with us.

    Actually I'll stop waffling on about civil stuff. Just take my word theres no shortage.

    So whos been harmed? A reasoable judge would want to know:-

    "Mr Merchant, where do you suppose that click came from?"

    Mr Merchant is going to say.

    "I thought it must come from the Wurld affiliate site, never thought about it really, but I signed up with a network and they promised to send me sales from affiliates. Everyone knows they all have content sites. Erm."

    And then the Judge asks:-

    "Ms Affiliate, where do you suppose that click went?"

    "Thought it went to Mr Merchant and he didn't convert it. Because he's cr@p, thats why. So I dropped him like the looser he is."

    Morpheus is designed to drive a great fat wedge between the indicidual affiliate and the merchant. The affiliate drops the merchant, because the merchant is unduced to 'swindle' the affiliate.

    The merchant ends up with a constant turnover of affiliates with his only constant friend - Morpheus.

    Morpheus has the same effect on a business relationship as heroin has on social ones. With much the same result. The parallels are so evident and I don't need to go into them at length. Suffice to say the aim is to keep the merchant hooked while not killing him off entirely.

    Thats why the networks are so keen to get the genuine affiliates on side all of a sudden. We are the food that keeps the merchant alive while they bleed him dry.


    Just because my domain is open to the public, does not make its contents public domain!

  2. #2
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
    Join Date
    January 18th, 2005
    St Clair Shores MI.
    Ici usual when the anger over aledged abuses subsides your very able to visualize the inner working of things. You can bet your observations are spread all over multiple yellow legal notepads carried by the thinkers behind Morpheus and the other innovators of "Affiliate BHO Applications". Who ever thought successful Bank Robbers or even terrorists didn't plot all the angles?

    WebMaster Mike

  3. #3
    Join Date
    January 17th, 2005
    You reckon I should maybe sue for intellectual property theft?

    Robert Anton Wilson will only sue me for the proceeds.


    The fact my domain is open to the public does not mean it's contents are public domain!

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