Re: Interesting Twist to BANNER ADVERTISING

From: Robert J. Woodhead <trebor_at_animeigo.com>
Date: Wed 29 Dec 1999 22:17:51 -0500

FRED WROTE:
> Now, we're wondering if this is the same thing as the
> local cable operator who replaces network feed ads with
> locally sold ads? Or the movie theater owner who sells
> ads to air during the preview trailers of movies?
> I've noticed attending the movies over the holidays,
> more and more local advertising up on the big screen,
> from Pepsi to the corner car wash.

I am not a lawyer, but I have a friend who is a very
good IP lawyer, and I can give you for free the advice
he'd give you for a couple of grand. Which is to stop
and pray nobody notices what you did. You will almost
certainly get yourself into a very interesting
("interesting" to a lawyer means "expensive" for the
client) lawsuit.

Consider that you are modifying a copyrighted webpage
without permission, and defrauding the webpage
provider of advertising revenues or banner exchange
credits.

Consider how you'd feel if your major source of income
was banner ads on a website, and someone did this to
you. Then apply the golden rule.

Note that in the cases you describe above (cable
operators) the ads that are replaced are in slots
specifically reserved for the cable operator. If they
started replacing other ads, they'd be in serious
legal trouble.

Finally, if you do this kind of thing, you are
modifying content, not just passing it through. Which
means you'll arguably lose any common-carrier
protection you might have, and could be legally liable
for the content!

Eeek!

In such cases, you don't want to be the first guy to do
this. You want to be the guy who does it AFTER the
first guy does it, gets sued, and spends all his money
resolving the legal issue of whether it's kosher.

Best,R

-------------------------------------------------------
Robert Woodhead, Webslave, http://selfpromotion.com/
How to get listed on Yahoo http://selfpromotion.com/yahootips.t
Search Engine page optimization http://selfpromotion.com/pageprep.t




Received on Wed Dec 29 1999 - 21:17:51 CST