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  1. #1
    Defender of Truth, Justice and the Affiliate Way
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    Exclamation Need Your Legal Questions!
    Hi All,

    I'm pleased to announce that an upcoming Webmasterradio Affiliate Marketing Today show will have an attorney as a guest to answer questions related to legal matters faced by affiliates.

    So here's your chance! Please post questions that you would like addressed during the radio show. Haiko and I putting a list of questions together from the feedback here. I want to get the list to him by Friday, so be sure to post your questions as soon as possible. His speciality is business and contract law, so your questions should be along those lines (no we won't be talking about wills, divorces, etc ) The guest is actually my attorney, so he has some background info on affiliate marketing, parasites and the such having the dubious pleasure of listening to me yammer on. And yes, he has experienced unwanted applications making their way on his computer.
    Last edited by Kellie aka Ms. B; March 13th, 2005 at 09:41 AM.

  2. #2
    The slot machine that IS paid! Billy Kay's Avatar
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    Without seeing any other replies... this has my earlybird nomination as "Best Thread of 2005"

    Soon as you post your list... I'll furnish my "add-ons"

  3. #3
    Content $ Queen Ebudae's Avatar
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    lol - here is one:

    Can we sue Google for loss of income due to ALGO changes

    Ebudae


  4. #4
    Content $ Queen Ebudae's Avatar
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    Here is another:

    How can we sue the Parasites without having to prove specific income loss?

    Ebudae


  5. #5
    ABW Ambassador cditty's Avatar
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    And how do we prove income loss with the switch happening on the merchants site through the end users computer and not ours.
    Recycled Talent - Architects of custom scripts and snippets, perfectly written to suit any need. We stay on top of the latest technology so you don't have to.
    Total Stupidity - Shining light on stupid things.

  6. #6
    ABW Ambassador
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    I want to know his thoughts about adware popping advertising over people's sites without permission or compensation.

  7. #7
    Content $ Queen Ebudae's Avatar
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    Quote Originally Posted by TrustNo1
    I want to know his thoughts about adware popping advertising over people's sites without permission or compensation.
    that is a good one!!! I'd like to know that too!!

    Ebudae


  8. #8
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Kellie helped faciliatate this so it will refect on her also, please be serious!

    Moving thread to cafe to get more views ... need Qs by 3/4 11pm EST
    Continued Success,

    Haiko
    The secret of success is constancy of purpose ~ Disraeli

  9. #9
    Member Chocolate_Chicken's Avatar
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    Can we compel a merchant to reveal information about which affiliate a sale got credited to without escalating the matter to a lawsuit and filing of a discovery motion.

    In case it's a sticking point, the sale in question would be a purchase that the curious party made themselves through a link with their own affiliate ID intact, and which did not get credited to their affiliate account.

  10. #10
    Resident Genius and Staunch Capitalist Leader's Avatar
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    Fortunately, I haven't had to deal with deadbeat merchants for a while, but just in case one comes along again, I'd like to know:

    I'd like to know some basic law stuff, like how to get claims entered into the courts on bankrupt merchants. I know there's some way to file a claim to be an "official" creditor when that happens. Not that there's much chance of recovering money, but without making that filing there's *no* chance, from what I understand!

    Also some tips on dunning "solvent" deadbeats would be good.

    I also have some fraud-related questions. For instance, how to recover damages when a merchant is found to be not tracking, but doesn't offer a fair settlement.
    Or what can be done, in a legal sense, about reversal-maniacs. Is there a way to recover damages? Is there a way to make them have to prove the reversals are legit?

    What can be done to a merchant who is blatantly dishonoring its own terms, as was highlighted in a recent thread here?


    How can we sue the Parasites without having to prove specific income loss?
    Actually I think that is a good question, along with exploring alternate angles like copyright infringement, etc.


    As for suing Google, LOL! But personally I think it'd be better to get Lloyd's of London to underwrite "adverse ranking" insurance. $1 Million payout in case of bad SERP ranks
    There is no knowledge that is not power. ~Hemingway

  11. #11
    notary sojac Herb ԿԬ's Avatar
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    Regarding intellectual property cases, have any/many been showing up in courts having to do with content on Web pages being overwritten by "parasitic" links?

  12. #12
    Defender of Truth, Justice and the Affiliate Way
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    Some good questions guys, keep them coming.

    I'd actually like to get the list to him on Friday, so the cutoff time may need to be Thursday 3/3 11pm EST.

  13. #13
    Internet Cowboy
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    What level of organization is required before a suit can be considered a class action.


    • How many plaintiffs must there be?
    • Does a judge determine a suit's status and declare it to be a class action?
      • If so: What must the group prove in order to gain class action status?
    • What must the plaintiffs share, other than a loss. Must they have similarities in their business models? More? Less?
    • What costs are involved in a class action suit, as opposed to a general civil suit.
    • Do attorneys specialize in class actions?

      • If a group of people were able to get together and bring such an action, do these type of attornies do this kind of work on contingency?
    • Does he know a young, energetic, upstart intellectual property attorney or one with a sound understanding of the web who wants to make a name for him/her self?
    Last edited by UncleScooter; February 28th, 2005 at 08:33 PM. Reason: gender PC


  14. #14
    ABW Veteran Mr. Sal's Avatar
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    please be serious!
    If I get more serious I will look like a prune.

    I'm a proud member of CJ for a long time and I don't care about some of the parasites they have there, since I won't work with any of them, but I have this question about Linkshare.
    If I decide to join Linkshare some time this year, would I be accused of working with parasites?

    I already know the answer to that question but, I need the legal answer before I send a reply to somebody that still don't get it.

    Sal.

  15. #15
    Outsourced Program Manager Jorge - SHOPiMAR's Avatar
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    In putting together a list of "Affiliates Opposed To ParasiteWare™", would it take 1,000, 5,000 or 10,000 sites together as a statement of support from all affiliate marketers worldwide, to show that there are thousands of sites from affiliates to merchants that ARE TRULY opposed to spyware and parasiteware, in order to create an effective legislation?

    Would such a list shown on a site, help as evidence to a cause and create an effective legislation that perhaps could eradicate parasiteware?

  16. #16
    ABW Ambassador
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    I am curious to how much leeway your lawyer will have to discuss any items in detail. I was under the impression for a lawyer, giving legal advice to an open audience is a major no-no, even with disclaimers. Has your lawyer said what he can and cannot actually talk about? What state do they practice in?

  17. #17
    Defender of Truth, Justice and the Affiliate Way
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    Chet yes there will be disclaimers (he's a lawyer after all) and he practices in La which will be stated. In fact one of the things I discussed with him is when varying differences in State laws may come into play in certain situations. This is more to address general legal questions vs giving specific legal advice. For example, what legal options do you have available to you as an affiliate for a nonpaying Merchant vs Merchant Y owes me X amount do I sue him? Or an affiliate receives a C&D what are the things they should consider vs I received a C&D from Whoever stating XYZ, do I comply with it? I've attended such presentations put on by lawyers more than once. Some big name attorneys actually do the public speaking circuit.

  18. #18
    Defender of Truth, Justice and the Affiliate Way
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    Jorge,

    That is more a lobbying/legislation question vs a business/contract law question. But I've got a possible contact along those lines that I hope to get involved on the parasite front. I just need a bit more time to clear some other stuff off my plate before pursuing that one.

  19. #19
    notary sojac Herb ԿԬ's Avatar
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    Cease & Desist communications seem to come to us as a group with regularity. Would be good to know how to handle them in general terms. How to tell the bogus from the ones with possible merit? How to handle either?
    Last edited by Herb ԿԬ; February 28th, 2005 at 11:30 PM. Reason: removed sig

  20. #20
    notary sojac Herb ԿԬ's Avatar
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    so one of us gets an email or even a registered letter from a company or individual claiming our domain name belongs to him because it is the same as or similar enough to his "trade mark." they want it for free, of course.

    I understand there are three points that must be met before the adjudicating authority will order the domain handed over, but what is the procedure one should follow when facing this situation, --whether the claim is facially valid or not--?

  21. #21
    notary sojac Herb ԿԬ's Avatar
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    if an affiliate-type just wants to build sites and collect commissions, is there any compelling reason to file a DBA?

  22. #22
    Moderator MichaelColey's Avatar
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    I would second the questions about Cease & Desist letters. It seems like a major miscommunication when merchants authorize us to promote items then the manufacturer tells us we must cease & desist from promoting it.
    Another question: What can we legally require in a contract regarding late payments from merchants, as far as penalties and interest go? Can a contract require that they pay fees that we incur if we turn them over to collections? For instance, if a collections agent charges 20% can we have a contract stating that a 25% penalty will be applied when an account is 60 days past due? (That would give us 100% after the collection agency fee.)
    Michael Coley
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  23. #23
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    What is "Webmasterradio Affiliate Marketing Today" and how do I listen to it?

    (Sorry - little slow to give up time slices to new stuff - but you got my interest with this topic)

  24. #24
    Defender of Truth, Justice and the Affiliate Way
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    Weekly Internet radio show hosted by Haiko. http://www.webmasterradio.fm

  25. #25
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    I have Win XP SP2, Media Player 9+, IE 6+.
    When I try to connect, it tries to download a file called listen.pls (which I opted out of).
    I have no associated application for .pls extension on my PC.
    I checked within Media Player to see if the .pls extension was there to re-associate with Media Player - nope.

    What next?

    Thanks.

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