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Archive for the ‘Legal’ Category

Fined For Breaking The Broadcasting Law

27 Jun 2005

The Flemish Media Commission is the institute that verifies whether or not the Flemish broadcasters obey the media rules for this part of the country. Apparently the Commission has been very active lately, because three Flemish TV stations have been fined between 5000 and 10.000 euros for not respecting the Commission’s general guidelines. The violation has been investigated on the 2nd of February this year, between 7.30 pm and 10.30 pm.

The 3 stations are : CANVAS (sub from VRT) – VTMVT4

The violations are :

CANVAS was offering 2 DVD’s, one of the Norah Jones concert and one of Jamie Cullum’s. The public broadcaster said the DVD’s were derived merchandising products from the ‘Music on Sunday’ show, that had featured excerpts of these concerts. CANVAS also said the DVD’s were co-produced with a record company and so it has the right to claim a certain percentage of the sales numbers.

The FMC countered these statements, pointing out both the DVD’s were products intented for international markets and that those DVD’s were in fact already for sale before CANVAS had broadcasted the concerts. The added sticker ‘As seen on CANVAS’ does not suffice to make a product inherent to one’s merchandise.

Moreover, the promotional clips for the DVD’s were shown after the CANVAS broadcast of the concert, and that makes it advertisement, which is prohibited on the national broadcast. Fined € 10.000 (euros).

The commercial competitors of CANVAS were no angels themselves at this point. VTM had broken the 10-second parameter for sponsoring before or after a show. After the soap/sitcom ‘Family’, the station even allowed a 33 second clip for promotional broadcast. ( e.g. before or after the ads-sequence). Fined € 5000 (euros).

VT4, another commercial station, has been caught for exceeding the limits of advertisement-time. The maximum level set for ad-blocks is 12 minutes per hour. VT4 broadcasted 12.5 minutes, and was fined a cool
€ 10.000 (euros), though it had hoped to be forgiven for this mistake.

It’s the first time the FMC has made such an investigation but it has announced to keep checking all of the stations on a regular basis.
It’s a good thing for the Flemish consumer he’s being protected from an ad-overdose, whereas our American fellow-consumers are being left in the cold and are being subjugated by commercials.

What a lovely day it is. :)

Sources : [Klara Radio] in the 10 am news and [DeStandaard] for more details.

Background check :

Regulations about the quantity of advertising of the Directive Television without Frontiers and others. [here] -

[Media Regelgeving in Vlaanderen] (Flemish)

 
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Posted in Ethics, Legal

 

Samsung To Be Paid Per Unsend SMS

22 Jun 2005

Following the trend being set with the special blacklist system, that prevented you to dial numbers at certain times of the day ’so that you could make sure there were certain “special someones” who you would be unable to call during a time when you were most likely to be a bit more sloshed than, say, rational, concerning what you would say to those people’ there is now a way to retrieve text messages that have mistakenly been sent. Good news for regretful souls among us.

“A mobile phone capable of deleting a sent short message stored in a receiver’s mobile phone and a method of transmitting and deleting a short message using the same are provided. In a method of transmitting and deleting a short message, a sender’s mobile phone generates a short message, transmits it, and stores its transmission-related information. A receiver’s mobile phone stores the short message. The sender’s mobile phone transmits a delete request message to the receiver’s mobile phone, requesting deletion of the short message. The receiver’s mobile phone searches for the short message in response to the delete request message and deletes the short message from a storage area”

Samsung lets us know the corporate tune playing on the factory grounds nowadays is ‘In the Money’ from a band of local performers.

Article on [Cellular News] about the patent.
The patent text [here] of Choi Jong-Ho’s invention.
TechDirt about this matter. [here]
TechDirt about the special blacklist system. [here]
via [Engadget]

 

Ambiguous Marketing in Primary Care

08 May 2005

Since 2000, a range of international lawsuits, boycotts and criticism is directed to Novartis, world leader in pharmaceuticals and consumer health. Are they using ‘medical prevention’ to promote their products or is this just a genuine marketing campaign with a secret agenda?

The company started a so-called “information campaign” through television advertisements, patient folders, etc stimulating patients with onychomycosis (fungus of the nail) to visit their general practitioner. Nice and expensive gesture for the ‘public health’.

In fact, it’s an inventive marketing strategy to bypass the law against drug-advertising, to sell it’s own product, called lamisil. With their misleading statement and the hideous monster of the TV-spot, they provoke mass-fear within the population to increase indirectly their sales. At the same time, GPs are pressured to prescribe lamisil and lamisil only by Novartis representatives. All other links with the company are carefully hidden.

All around Europe, courts decided that Novartis’s campaign did not violate laws prohibiting advertising of prescribed drugs, as neither Novartis nor terbinafine (molecule of lamisil) were specifically named. So the campaign is relaunched again and again, despite of the huge criticism of the GPs, consumer organizations and the state. And of course the taxpayer is affected again, while lamisil is partially reimbursed.

Their bypass solution has meanwhile been copied by other companies: in order to reach the consumer on a direct manner, just sell the disease!

Ye-hey it’s ‘happy hour’ again! Let’s all consume prescription drugs !


Read ‘Dutch GPs call for ban on Novartis products’ on BMJ Journals

Read more on BMJ Journals
Read the Medinet source
Read about it on SweetLove
Publication by the Belgian Senate about who’s resposible
Read more on EPO.Be

Research and writing by Talie Van Hecke. Talie is a medical representative in the field of dermatology and adivses products to GPs and dermatologists.

 
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Everyone Who Buys A PC is A Criminal Anyway

07 May 2005

The Belgian Commission of the Chamber has approved a proposal that upholds a tax on computers at the point of sale, thus to be paid by the consumer. The money generated from this tax would go to a fund, serving the needs of CD & DVD producers and the artists themselves to compensate the losses they suffer from the illegal reproduction of audiovisual materials.

This law implies that everyone who buys a pc does so to eventually duplicate his CD and/or DVD collection. Hmm.
It also implies consumers buy a PC to participate in the circuit of illegal downloading and sharing of audiovisual media.

So, every public service, including those of the government, need to pay this tax when buying new computers. Schools, hospitals… you name it.
They’re all rascals and villains. Me too, FYI. Cool counrty I live in.

Protest can be posted and read here ! Join the battle ! We’re outlaws anyway, so it doesn’t matter anymore now ! Nothing to lose !

UPDATE : The tax is € 40 ! (One EUR [€] = 1.28 USD [$])

 
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Taking On A $6 Billion Market With Behavioral Advertising

06 May 2005

It has always been important to collect data from your customers, in order to be able to guarantee them a personal approach. The right way to gather information is to let people send it in voluntarily, but apparently that doesn’t always result in the expected response. So companies started to find new ways to gather information, some of them less legit than others. To define the border between ‘letting people agree to share their data’ and ‘having the data without actual consent’ is a rather difficult matter, as I’m about to point out.

One of the key players in the market of behavioral advertising is Claria, the company formerly known as Gator. The first time I heard about this company was when my ad-infested pc came to a crash, and the roommate I was sharing a flat with explained to me it was Kazaa who imported GAIN to my pc. That’s how things came to run slow, and eventually blocked everything I wanted to do. GAIN is a part of Gator, and belongs to a much greater network. The privacy statement on their site says the following about their activities GAIN Publishing distributes a variety of popular software applications and owns and operates a behavioral advertising network called the GAIN Network. The GAIN Network helps keep many popular software applications and web sites free. These software applications also occasionally display pop up ads on your computer screen based on your online activities. Alternatively, ad-free versions of the software titles distributed by GAIN Publishing are available for purchase (conditions apply).

Well. The good thing is, since then I’ve rarely used a download or peer-to-peer search tool. I can say with the hand on my heart that within the last two years, no BearShare, Kazaa or LimeLight-alike program has been installed on my computer. That’s how I blocked out GAIN. I hope.The pop-ups GAIN used to cause were large in numbers and took ages to load, taking all my bandwith and although I was on cable, surfing became almost impossible or took far more time than under normal circumstances. So I did a little research on the pop-ups. Here’s what the GAIN disclaimer says :

“The number of ads the GAIN Network will display to you depends on how often you view websites indicating your interest in products or services being offered by GAIN Network advertisers and on the volume of your Internet usage generally.”

So on the one hand, the more I loaded Kazaa – which displayed a start-up website on every load, or some other GAIN sponsored service for that matter, the more ads I’d be getting. On the other hand, since I’m always surfing the web I spent many hours visiting pages. The ads are also based ‘on the volume of my internet usage generally’ so that leaves me to conclude that a massive bomb of ads is waiting for me, every time I connect to the web. These ads should all be dislplaying products that I’m supposed to like, based in my surfing behaviour and the pages I’ve visited.

To emphasize this : I open my browser (make a connection in general) and without even having the chance of going to the pages I like, I’m supposed to deal with tons of ads telling me what to buy, think or like.
All of this happened because I’ve clicked ‘yes, I agree’ in the Kazaa software. If had know I’d be giving GAIN permission to collect my data this way, I’m pretty sure I’d have cancelled the installation. I just didn’t know what it was, until it made my PC crash.

This is clearly a borderline-case where the lacunas in law and legislation are exploited in the disadvantage of the web users in general. This is how I interpret it. I’m not saying it is a fact. I experience it this way. So far for GAIN. Let’s take it higher. Pop-ups are apparently efficient but far too aggressive. There must be another way.

Why did I bring this up?

C|Net reported about Claria on february 14th :

Claria “[...] is launching a new marketing division and advertising service to migrate from hawking its signature pop-up advertisements to selling behaviorally targeted display ads. If it has its way, the ads will appear on publisher pages across the Web, reaching as many as 200 million people. To address the privacy implications of such an ambitious service, Claria has also hired a team of experts to ensure it meets industry and consumer clearances. Claria plans to announce partners and introduce the service, called BehaviorLink, in April.”

Clickz reported on BehaviorLink :

“BehaviorLink still uses intelligence gathered from observing user behaviors online. However, it eschews the pop-ups that have characterized its platform to date. The company also hopes its new ad model will help it court more well-established software publishers, which bundle Claria’s software with their own free offerings, and share in the revenue generated. The company has also assembled a group of privacy experts to boost its image with more prominent software publisher.” [...]

What does this mean for Claria, and what are the results they intend to obtain with this project? (as read on Clickz):

“For Claria, BehaviorLink will initially mean more work for less pay-off. Under its existing model, an impression is served to the user’s desktop directly by GAIN, Claria’s installed adware product, sometimes at the moment he or she is considering an online purchase. In other words, the company creates its own inventory. The company’s margins for BehaviorLink sales will obviously be thinner than those for its GAIN-served ads, since it will have to actually pay for the media into which it serves ads. Additionally, the effectiveness of those impressions will presumably be less than for its GAIN-served units, since they’ll be served hours or days after the user action that triggers them. But even hours or days later, the impressions are surprisingly powerful, at least according to Claria’s own research. For individuals who saw one of Claria’s ads within 14 days of the action that triggered it, the company found the click-through rate was between four and 30 times higher than that of an ‘untargeted’ ad.”

So you’re only being submitted to behavioral advertisement if you’re using some sort of software (often freeware) that has ties with GAIN.
Still, that market is estimated on 40 million users and BehaviorLink has set its target to expand the market to 200 million users by engaging in partnerships with as many small software and tool providers as possible.

Things are going to get tricky if you want to avoid being played.

On the other hand, if you are a marketer who wants to take part in this action, here are some benefits (from the BehaviorLink site):

“BehaviorLink also allows Advertisers to better understand their target audience by analyzing their behavior across the Internet – what sites they are viewing, what competitors they shop, how they respond to your ads, and frequency of purchases to name a few. BehaviorLink’s unique visibility into Web traffic and usage patterns allows for a comprehensive analysis of consumer behavior in many categories. Advertisers can segment consumers on many levels of category usage or brand loyalty in order to deliver ads to consumers who will best respond to them.”

Also :

“A behavioral marketer, using data from BehaviorLink, has deep insights that enable more relevant offers, more targeted offers and higher-value offers to the consumer. Because of the obvious relevance, BehaviorLink ads often fall into the “information” category as much as advertising. The more consumers perceive that they are receiving information versus an ad, the better it is for both the consumer and marketer.”

This takes us to the thin line that separates us from choosing or searching a thing/subject/product and having it offered to us. I still don’t feel at ease when people decide for me what’s best, or when people are trying to guess what I will like better than something else. I guess I’ll have to take more distance from my ‘consumer view’ on the web when it comes to marketing, if I want to be able to market my products on the web successfully.

To be continued…

Read the full ‘How It Works’ on BehaviorLink
Claria Privacy Statement and Terms of Use
Read GAIN Publishing’s About section
Read the story on Clickz

 

Why There Should Be No Software Patents

24 Apr 2005

Around this time, the European council is bowing itself over the case of the patenting of software and codes. Voting ‘pro’ is not a good thing, because once patenting is legal, it will block access to and the usage of code or algorithms to developers worldwide, and it will stagnate the evolutionary process of software development, for this entire evolution is based on the knowledge and use of previously invented applications, and when those are no longer free to be modified, it will stop improvements and fine-tuning of these applications by other developers than those proper to the company that has ‘originally’ released the wares.

Christian Schaller is the Business Development Manager for GNU/Linux multimedia specialist Fluendo. He serves on the GNOME Foundation board of directors and has posted a three-page argument about this item on OS-News.

“We today face the risk of software patents being approved in the EU because not enough parliamentary members will be showing up to vote. Due to this it is important for those of us who oppose software patents to make sure EU parliament members see the damage software patents cause, so they realize it is important to be there to vote providing the needed absolute majority. But sending out a clear message is also important for the process of patent reform in the US and other places who have fallen into the trap of introducing them.”

What is the goal of the patent system?

“The original idea of the patent system was to stimulate innovation and research by awarding innovators and researchers with a time limited monopoly on their ideas in return for them disclosing those ideas to the public. The feared alternative was for this knowledge and innovation to be kept secret as trade secrets by the people and companies making them, and these great ideas then never reaching the general public to be built upon by others and through that generating even more wealth for society than otherwise would be the case. The original idea was in other words not as much to protect ideas from being used by others, but to encourage the publication of the ideas so they could be used by others. I doubt anyone with inside knowledge of the industry can say that goal is achieved by the software patent regime in the US today.”

You want to steal my great idea !

“A very typical argument you get when arguing for the dissolution of patents is that you want to prohibit the people who come up with good ideas and do research from cashing in on their ideas and research. Many outright accuse you of wanting to be able to steal other people’s good ideas. Such arguments can be hard to counter if you are taken unaware. One natural response I see many people come up with is trying to explain how all ideas build upon earlier ideas and that no idea is truly original and as such nobody is stealing nobody else’s idea. I know I have fallen into that trap myself at times. The problem with this line of reasoning is that its too abstract so unless you are discussing with a true intellectual it will fall on deaf ears and the admission that they are standing on the shoulders of giants come hard to many.”

“The counter argument need to instead be that, yes of course we should help inventors to earn money on their inventions, but in the case of software, patents doesn’t do that. Making software today is complex and a program is using a multitude functions and algorithms to be able to do what it does. If you do come up with a really good idea while making your software, which you can patent, you will not really be able to cash in on it, as your established and bigger competitors will have patented so many of the other things your program needs to do that you can’t really use the patent against them to get ahead anyway. You can of course cross license with your competitors, but then the patents just mean forcing businesses to spend more money on legal fees and bureaucracy, which is not exactly the perfect crib for the generation of new ideas.”

Click here to go to OS-News and read the entire argument.

 

Microsoft VS. Adobedia

19 Apr 2005

From BetaNews:

“In a stock deal valued at $3.4 billion, Adobe on Monday announced it has acquired rival Macromedia. The merger, which brings together Adobe’s ubiquitous PDF document format and graphics suite with Macromedia’s market-leading animation tools, pits the combined company squarely against Microsoft.”

“Through the combination of our powerful development, authoring and collaboration tools — and the complementary functionality of PDF and Flash — we have the opportunity to drive an industry-defining technology platform that delivers compelling, rich content and applications across a wide range of devices and operating systems,” Adobe said in a statement.”

Wow. Nice one. This would bring Photoshop and Dreamweaver together too, and that makes designing web pages just more funny and interesting than it already was. I can’t wait to see the output of this merge, especially when it comes to the possibilities of Flash, DreamWeaver, Illustrator, Indesign and Photoshop. I also look forward to Microsoft’s answer to this very tactical joint venture between these graphical giants.

Furthermore, I believe that this could be a great event for the graphical industry, as seen from a creator’s point of vue. The possibilities with Premiere and Flash shouldn’t be underestimated neither. It’s going to take a lot of money and adaptation efforts from all of us, but once we have patched ourselves out of this fusion, I believe there is no limit to the things we can combine. A lot of ‘import and export’ restrictions will vanish and merging will become much more comfortable.

Read it on BetaNews

 

Dot Life-Where The Watcher Steps In

13 Apr 2005

How far can you take things in Virtual Cyberland? BBC News reports on the origin of a new species: the in-game detectives. Apparently, some people in real life are wondering what their legal better half is pulling on his/her computer every night and day. Second-Life, an online virtual game, allows his participants to join a mob squad or to have a ‘closer relationship’ with someone else. Cyberfumbling, as I call it, seems pretty innocent. But is it really? This boy/girl you meet in cyberland… what is he/she doing when you’re offline?

Quick word about the game:

“Like its name implies, Second Life is an online world that encourages people to create a character and live out another existence doing almost anything they want. It’s an imaginary world without the elves and dragons people tend to associate with the “fantasy” tag. Characters can buy their own island, create their dream house, become a clothes designer, go fishing, spend nights partying in clubs and bars and, of course, have virtual sex with virtual people.”

“But, he says, the humour of the situation swiftly disappears when they realise they are about to ask the detectives to spy on someone they care about – even if they only know that person through the game.”

As the cyberdetectives say in the article, sometimes real life companions can’t cope with the virtual reality either and hire a pro to set up a honey trap to lure the cybersexer into. Luckily sometimes it turns out ok.”

“One of the cases Mr Au wrote about for Second Life that involved a honey trap ended well. All the target did during the meeting with the foxy female avatar was talk about his real world girlfriend who had set the detectives on him.” – Hah. That’ll teach her. :)

Fact is, the girlfriend actually paid hard cash for the investigation, and that brings a totally new profession onto the market. e-Detective.

Question that pops up randomly in my head is:

How healthy is your relationship when he’s e-dating all the time and you hire a detective to spy on him in cyberland, only to find out he likes you? Time to TALK. Remember that?

A psychotherapist or relation-counselor would have been less expensive. As for the detective filling his days with cyberhacking someone’s personal feelings and setting up traps… Clever, but very disgusting.

Click here to read more about this virtual thing.