Business Is this moral and or legal?

[suesheboy]

Lets say you want to promote a product and you see people tweeting about it.

Can you embed their tweets on a page using it as a recommendation?

For example this tweet was posted about Ruth Chris:

Wonderful Saturday evening, my fiancée treated me to #ruthchris and I must say I am very impressed… Instagram

What about retweeting it and putting your affiliate link in as well?

What about other social media?

Obviously I will be reading TOS's. Just wanted to see what everyone thinks and or if any of you tried this.

[suesheboy]

No one has any comments about this?

[2MuchMark]

Hi Suesheboy,

That's a good question. I don't know how to answer that exactly, however I'll share something with you that other companies are doing.

Today I went to Google to look up something I am thinking about buying. I clicked through and read some info on a couple of websites.

Now, surprise surprise, I am seeing banner ads for that exact same item pop-up on Facebook.

Someone somewhere knows what I searched for, and is now trying to sell it to me. Through an affiliate link too.

Scummy? or Smart? I'm not sure which...

[suesheboy]

Originally Posted by **********

Hi Suesheboy,

That's a good question. I don't know how to answer that exactly, however I'll share something with you that other companies are doing.

Today I went to Google to look up something I am thinking about buying. I clicked through and read some info on a couple of websites.

Now, surprise surprise, I am seeing banner ads for that exact same item pop-up on Facebook.

Someone somewhere knows what I searched for, and is now trying to sell it to me. Through an affiliate link too.

Scummy? or Smart? I'm not sure which...

That's called remarketing. Usually pay per impression not pay per click.

Personally I find it creepy and 99% of the time I am be marketed to after I already bought the product. I have never looked for something and was remarketed at a lower price.

To make matter worse I have looked up items with my affiliate links and found myself remarketed to later and KNOW I would not get credit for the sale.

[xXXtesy10]

all legal man.. everything.. just do it ;)

[nm_]

If you are using their widget and/or api to pull this publicly accessible data than i don't see why not ;]

do it!

[TheSquealer]

you can't do anything with anyone's content unless you have permission to do so. Just as you can't reproduce posts on this forum without the permission of the owners. There are few limited exceptions with restrictions (including in news reporting etc). You can't take someone else's content and use it to profit from, unless you've got their permission.

What people do and don't get caught or haven;'t got caught doing yet, is not the same as being legal.

[Barry-xlovecam]

Entrepreneur.com - Page Not Found
No one took the New York Times to court ...
http://www. --- entrepreneur.com/article/230647 no deep linking :P

Who Owns Likes, Posts, Pages And Tweets In Bankruptcy?: Vorys, Sater, Seymour and Pease LLP
Tweets 'ownership' in bankruptcy -- nothing definative.

Are Tweets Copyright-Protected?
WIPO says they are usually not copyright

Who Owns Your Tweets?
From an Aussie lawyer

More directly toward twitter feeds but in the scope of employee/employer
Who owns the Twitter Feed? Why your business needs a social media policy. | First Venture Legal

Twitter claims no copyright of a user's feed for obvious reasons
https://support.twitter.com/articles/15795

I can find no answer.

Copyright requires intent. Twitter is generally not for profit and impromptu so the tweets are not usually copyright. If it is a business' feed made for profit the tweets may be copyright -- that is the caveat -- and it is a grey legal area unless someone has a appealed and upheld copyright court case ...

[2MuchMark]

Originally Posted by suesheboy

That's called remarketing. Usually pay per impression not pay per click.

Personally I find it creepy and 99% of the time I am be marketed to after I already bought the product. I have never looked for something and was remarketed at a lower price.

To make matter worse I have looked up items with my affiliate links and found myself remarketed to later and KNOW I would not get credit for the sale.

Mmmm, depends. Remarketing is tracking your potential customers clicks and then showing him the same ad after he's clicked on your ad. That is fine.

What I saw was different. When I Googled, I went straight to the manufacturers website, read, and left. Now I am seeing ads for that product, but, links to it are to other locations where I can buy the same thing. I am being encouraged to buy the item from a different location than what I found it on.

[davidclickpapa]

tweets are public. retweet/publish them all you want. i wouldn't go the extra mile to post them as "recommendations" though..

[freecartoonporn]

Originally Posted by **********

Mmmm, depends. Remarketing is tracking your potential customers clicks and then showing him the same ad after he's clicked on your ad. That is fine.

What I saw was different. When I Googled, I went straight to the manufacturers website, read, and left. Now I am seeing ads for that product, but, links to it are to other locations where I can buy the same thing. I am being encouraged to buy the item from a different location than what I found it on.

thats retargeting, many ad networks does this.

you can opt out of retargeting from google ads.

Remarketing vs. Retargeting: What's the difference? | Conversion Sense eCommerce Optimization & Growth Blog

[aka123]

Depends, here in El Finlando it is legal to use quotes. I assume EU area has quite uniform laws regarding this. You can present smallish quotes, but the source has to be mentioned. In this case you could do like this to present testimonials.

"Fucking awesome!"

John Doe *









* Twitter (30.6.2015)
Twitter / ?

[aka123]

Originally Posted by davidclickpapa

tweets are public. retweet/publish them all you want. i wouldn't go the extra mile to post them as "recommendations" though..

It doesn't matter is it public or not. Someone owns that content (if it is enough unique) even if it would be posted on every fence, billboard and web page. Assuming it isn't fucking old content (about over 70 years or something like that).


This isn't unique content and not protected (for real that smiley pic is, but not the text I typed to make it):

LOL

This is (well.. barely):

Motherfuuckkeerrs, tattaaadaa diddaadaa, I made this sentence, prööötttttttt, fucking awesoomeeeeeee!!!!

[pornguy]

Originally Posted by TheSquealer

you can't do anything with anyone's content unless you have permission to do so. Just as you can't reproduce posts on this forum without the permission of the owners. There are few limited exceptions with restrictions (including in news reporting etc). You can't take someone else's content and use it to profit from, unless you've got their permission.

What people do and don't get caught or haven;'t got caught doing yet, is not the same as being legal.

Hrmmmm.. I just reproduced your post.

Can I have permission?

[Barry-xlovecam]

Originally Posted by davidclickpapa

tweets are public. retweet/publish them all you want. i wouldn't go the extra mile to post them as "recommendations" though..

Football games are public too ... they are a performance for profit and are copyright. Any content that is a planned performance (or deed) for the benefit of ones self or some other benefactor (like a charity event) is copyright. A webcam performance that we broadcast in public is copyright -- it is a planned performance for profit.

A tweet of 160 characters, not planned or not planned for profit, is not copyright it is impromptu ;

im·promp·tu
imˈpräm(p)ˌt(y)o͞o/Submit
adjective & adverb
1.
done without being planned, organized, or rehearsed.
"an impromptu press conference"
synonyms: unrehearsed, unprepared, unscripted, extempore, extemporized, extemporaneous, improvised, spontaneous, unplanned; informaloff-the-cuff, offhand, spur-of-the-moment, ad-lib
"an impromptu lecture"
extempore, spontaneously, extemporaneously, without preparation, without rehearsal;
informaloff the cuff, off the top of one's head, on the spur of the moment, ad lib
"they played the song impromptu"

An analogy: If you video someone running down the street naked that is an "impromptu" performance. That is not copyright. The right of publicity (personality rights) is a totally separate issue. If a security camera videos my ''crime'' is it a violation of the right of publicity or the 4th Amendment Rights (search and seizure)? No. Could I win a case of right of publicity for the tort that I was videoed smoking a joint in an alley? No.

This post is not copyright (c) me. I grant non-exclusive copyright to GFY to transmit it. Would GFY sue if another site used just this post? Not copying the entire page -- the entire page is produced with intent and for profit -- the ad revenue ...

Twitter has copyright of their feeds but in aggregate as a work intended for profit. Twitter makes no copyright claim on an individual's tweets -- if they did they would be legally responsible for the tweet's content -- that is a giant can of worms ...

[aka123]

Originally Posted by Barry-xlovecam

Football games are public too ... they are a performance for profit and are copyright. Any content that is a planned performance (or deed) for the benefit of ones self or some other benefactor (like a charity event) is copyright. A webcam performance that we broadcast in public is copyright -- it is a planned performance for profit.

A tweet of 160 characters, not planned or not planned for profit, is not copyright it is impromptu ;


An analogy: If you video someone running down the street naked that is an "impromptu" performance. That is not copyright. The right of publicity (personality rights) is a totally separate issue. If a security camera videos my ''crime'' is it a violation of the right of publicity or the 4th Amendment Rights (search and seizure)? No. Could I win a case of right of publicity for the tort that I was videoed smoking a joint in an alley? No.

This post is not copyright (c) me. I grant non-exclusive copyright to GFY to transmit it. Would GFY sue if another site used just this post? Not copying the entire page -- the entire page is produced with intent and for profit -- the ad revenue ...

Twitter has copyright of their feeds but in aggregate as a work intended for profit. Twitter makes no copyright claim on an individual's tweets -- if they did they would be legally responsible for the tweet's content -- that is a giant can of worms ...

I don't know about USA, but in here that profit thing plays no part in defining is it under copyright or not. Being unique does. Also, if I have got it correctly, football game is not under copyright in here, but for example record about it is (well, not under copyright, but similar rights).

This post is copyrighted to me, despite me giving certain permissions to GFY. Copyright doesn't need to be exclusive. For example if I post some porn pic made by me to Tumbrl and thus give certain rights to Tumblr, I don't lose my own rights to the picture. As neither does for example content selling services unless the rights are sold totally. And in any case, I will always be the creator of my own work. Even if I sell all rights, unless it is chostwriting, someone can't claim it as their own work.

[suesheboy]

Some great responses. It still feels gray and Europeans are not my target audience.

If I have a page where just list a venue with my photos, my written content and links to my sponsor where someone can buy discounted tickets and on that page I just embed 4 tweets from people who "loved the show" "best thing I ever saw." and "laughed my ass off" it looks like I am cool.

What about of I "retweet" positive tweets about a product or service and add my affiliate link to the tweet? Spam or not spam?

[Barry-xlovecam]

Originally Posted by suesheboy

Some great responses. It still feels gray and Europeans are not my target audience.

If I have a page where just list a venue with my photos, my written content and links to my sponsor where someone can buy discounted tickets and on that page I just embed 4 tweets from people who "loved the show" "best thing I ever saw." and "laughed my ass off" it looks like I am cool.

What about of I "retweet" positive tweets about a product or service and add my affiliate link to the tweet? Spam or not spam?

Twitter's TOS says affiliate links are Spam.
It's their playing field and your risk

This post is as-is in the public domain under the "I don't give a fuck and I am not responsible" licence

[Va2k]

ASK a real lawyer and don't count on anyone here bailing you out when you took someone's advice the wrong way.

[TheSquealer]

Originally Posted by pornguy

Hrmmmm.. I just reproduced your post.

Can I have permission?

What one posts is owned by the owners of the forum,... assuming it doesn't infringe on another rights holders rights (I.e. Posting a copyrighted image or video)

[aka123]

Originally Posted by TheSquealer

What one posts is owned by the owners of the forum,... assuming it doesn't infringe on another rights holders rights (I.e. Posting a copyrighted image or video)

Owned? The hell it isn't.

"Forum Rules

Registration to this forum is free! We do insist that you abide by the rules and policies detailed below. If you agree to the terms, please check the 'I agree' checkbox and press the 'Register' button below. If you would like to cancel the registration, click here to return to the forums index.

Forum Rules

Registration to this forum is free! We do insist that you abide by the rules and policies detailed below. If you agree to the terms, please check the 'I agree' checkbox and press the 'Register' button below. If you would like to cancel the registration, click here to return to the forums index.

Although the administrators and moderators of GoFuckYourself.com - Adult Webmaster Forum will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of GoFuckYourself.com - Adult Webmaster Forum, nor Jelsoft Enterprises Ltd. (developers of vBulletin) will be held responsible for the content of any message.

Basic Rules of GFY

1. No spamming other boards! We don't spam other boards about GFY. We need the same courtesy!

2. Signature rules. Maximum 120x60 button and no more than 3 text lines of default size and color. Unless your sig is for a GFY top banner sponsor, you may use a 624x80 instead of a 120x60. Yes there is a reason this is so big. Also putting your text in a cell and making it look like a button is against the rules. Let me repeat... A 120 x 60 button and no more that 3 lines of DEFAULT SIZE AND COLOR text.

3. Anything goes, except do not post people's personal information, or attack people personally, stick to the issues. Also don't post links to illegal sites. And WHOIS information is public info, it is not considered personal information. So don't bitch at us if you put your home address as your personal info on WHOIS. Calling someone a Pedo, Refferring to them as a Pedo, post Pedo links, and Death Threats are now grounds for immediate banning.

4. GFY Haters... If you are a GFY Hater, don't go away mad, just go away. You want to hate on GFY, go do it somewhere else. Plain and simple.

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The owners of GoFuckYourself.com - Adult Webmaster Forum reserve the right to remove, edit, move or close any thread for any reason."

https://gfy.com/register.php

As there isn't nothing mentioned about it, at least here in Finland it is assumed that I have given some non-exclusive right to display my posts here, etc. But sure as hell they don't own my messages. I can for example sell my posts anytime. Who wants to buy?

[RSD]

You can promote freely on Zwipper.com

[TheSquealer]

Originally Posted by aka123

Owned? The hell it isn't.

"Forum Rules

Registration to this forum is free! We do insist that you abide by the rules and policies detailed below. If you agree to the terms, please check the 'I agree' checkbox and press the 'Register' button below. If you would like to cancel the registration, click here to return to the forums index.

Forum Rules

Registration to this forum is free! We do insist that you abide by the rules and policies detailed below. If you agree to the terms, please check the 'I agree' checkbox and press the 'Register' button below. If you would like to cancel the registration, click here to return to the forums index.

Although the administrators and moderators of GoFuckYourself.com - Adult Webmaster Forum will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of GoFuckYourself.com - Adult Webmaster Forum, nor Jelsoft Enterprises Ltd. (developers of vBulletin) will be held responsible for the content of any message.

Basic Rules of GFY

1. No spamming other boards! We don't spam other boards about GFY. We need the same courtesy!

2. Signature rules. Maximum 120x60 button and no more than 3 text lines of default size and color. Unless your sig is for a GFY top banner sponsor, you may use a 624x80 instead of a 120x60. Yes there is a reason this is so big. Also putting your text in a cell and making it look like a button is against the rules. Let me repeat... A 120 x 60 button and no more that 3 lines of DEFAULT SIZE AND COLOR text.

3. Anything goes, except do not post people's personal information, or attack people personally, stick to the issues. Also don't post links to illegal sites. And WHOIS information is public info, it is not considered personal information. So don't bitch at us if you put your home address as your personal info on WHOIS. Calling someone a Pedo, Refferring to them as a Pedo, post Pedo links, and Death Threats are now grounds for immediate banning.

4. GFY Haters... If you are a GFY Hater, don't go away mad, just go away. You want to hate on GFY, go do it somewhere else. Plain and simple.

5. Multiple personalities are not allowed. If you have multiple personalities we will find out about you and we will shut down all your accounts. Also if you post under someone else's account and do it to break the rules, or they break the rules and we tie you to them. We will ban you and them. This is just like carrying someone else's bags at the airport. Don't do it.

The owners of GoFuckYourself.com - Adult Webmaster Forum reserve the right to remove, edit, move or close any thread for any reason."

https://gfy.com/register.php

As there isn't nothing mentioned about it, at least here in Finland it is assumed that I have given some non-exclusive right to display my posts here, etc. But sure as hell they don't own my messages. I can for example sell my posts anytime. Who wants to buy?

Finnish law is irrelevant and not applicable as you are not posting to a Finnish board, subject to Finnish law.

This has been through the U.S. Courts long ago. Unless otherwise stated, you do not own the text you post on this forum.

[aka123]

Originally Posted by TheSquealer

Finnish law is irrelevant and not applicable as you are not posting to a Finnish board, subject to Finnish law.

This has been through the U.S. Courts long ago. Unless otherwise stated, you do not own the text you post on this forum.

I haven't agreed to give the ownership of my posts. And are you sure this is US board anyways?

Also, as I haven't made any contract about the ownership of my posts, I go along according my own country's law. Good luck disputing that. When it comes to ownership of my property, especially intangible property, it is my country's laws those apply. I have created the text and I am Finnish. The only way my rights can transfer to someone else, is me giving those rights.

[TheSquealer]

Look, you are basically retarded and you'll go forever with stupid arguments. You have no rights to what you post on this forum unless they were explicitly granted to you by the forum owner. You don't own what you write and the owners can freely modify or edit your posts - your post doesn't become the unalterable word of God..

Finnish law has nothing to do with a U.S. Forum owned by a U.S. Company.

So yeah, I'm sure you fucking idiot. This went through the courts many times in he past in the U.S.. You being dumb doesn't change that fact.

I not going to look up case law and interpret it for you just to watch you keep throwing out idiotic arguments while ignoring the facts. You don't even have a clue what jurisdiction and what law even applies... but you want to argue. Dumbass.

[aka123]

Originally Posted by TheSquealer

Look, you are basically retarded and you'll go forever with stupid arguments. You have no rights to what you post on this forum unless they were explicitly granted to you by the forum owner. You don't own what you write and the owners can freely modify or edit your posts - your post doesn't become the unalterable word of God.. Finnish law has nothing to do with a U.S. Forum owned by a U.S. Company. So yeah, I'm sure you ducking idiot. This went through the courts many times in he past in the U.S.. You being dumb doesn't change that fact. I'm too lazy to look up case law and interpret it for you just to watch you keep throwing out idiotic arguments while ignoring the facts. You don't even have a clue what jurisdiction and what law even applies... but you want to argue. Dumbass.

Yeah, and you are the really sophisticated one. LOL

Yes, the owners of this forum can modify and edit my posts, but it has nothing to do with the ownership. I have only given "common sense" license to them, that includes editing, deleting, etc. my posts. You don't get it; I own the intangible property made by me. I, and I live in Finland. Intangible properties like this are always created by a person and then owned by a person, unless I transfer the right, but I will always be the creator anyways. This forum didn't create nothing, I did. Thus I am the owner.

[TheSquealer]

Oh, your using "common sense" to fabricate a legal interpretation. Got it. We used to have a few smart Fins on this board. Sucks that they are gone and now we're left with you.

[aka123]

Originally Posted by TheSquealer

Oh, your using "common sense" to fabricate a legal interpretation. Got it. We used to have a few smart Fins on this board. Sucks that they are gone and now we're left with you.

Yes, common sense is used in legal context. Maybe not in US, but in here it is. For example if you buy Coca-Cola from store, meet stranger at the street and sell that coke to him; there are lot of common sense things applied. You know, regarding what happened, as you probably didn't write huge contracts in there with dozens of signatures. Probably you didn't write huge contracts in the store neither.

[suesheboy]

Originally Posted by Barry-xlovecam

Twitter's TOS says affiliate links are Spam.
It's their playing field and your risk

This post is as-is in the public domain under the "I don't give a fuck and I am not responsible" licence

No! I can not afford to be spamming on twitter. I have way too many eggs in that basket! I need to build landing informational pages and link to that in twitter.

[suesheboy]

Twitter TOS:

"If you post misleading links (e.g. affiliate links, links to malware/click jacking pages, etc.);"

So if I post "discount tickets to this here" and a link to my whitelabel store with discount tickets, that is a misleading link thus spam? I don't think so.

[suesheboy]

I realize it is not what I think but what twitter thinks

[Barry-xlovecam]

I don't really know.

You don't have to make it easy to figure out tho ...

We use Twitter and link to a cam broadcast site as a principal (the site owners). I have had no direct or second hand feedback from affiliates saying that they have had accounts closed for affiliate links used.

Don't use trademarked names in your account name I have had them close accounts using our trademarks without license -- that I know they will do.

[L-Pink]

Originally Posted by suesheboy

I realize it is not what I think but what twitter thinks

That's what matters.

[suesheboy]

Originally Posted by Barry-xlovecam

I don't really know.
Don't use trademarked names in your account name I have had them close accounts using our trademarks without license -- that I know they will do.

Good to know.

Not an issue with what I am doing though.

[MetaMan]

Originally Posted by **********

Hi Suesheboy,

That's a good question. I don't know how to answer that exactly, however I'll share something with you that other companies are doing.

Today I went to Google to look up something I am thinking about buying. I clicked through and read some info on a couple of websites.

Now, surprise surprise, I am seeing banner ads for that exact same item pop-up on Facebook.

Someone somewhere knows what I searched for, and is now trying to sell it to me. Through an affiliate link too.

Scummy? or Smart? I'm not sure which...

Holy shit! You're a fucking idiot!

Are you even a webmaster? You don't even know what re-marketing is?

[MetaMan]

Originally Posted by **********

Mmmm, depends. Remarketing is tracking your potential customers clicks and then showing him the same ad after he's clicked on your ad. That is fine.

What I saw was different. When I Googled, I went straight to the manufacturers website, read, and left. Now I am seeing ads for that product, but, links to it are to other locations where I can buy the same thing. I am being encouraged to buy the item from a different location than what I found it on.

dude YOU'RE FUCKING STUPID AS A BAG OF ROCKS!

I do not for 1 second believe you're a webmaster or at least not a successful one.

These 2 posts by you in this thread really show me what kind of a mixed up idiot you truly are. NO WAY you successfully run websites. I just do not believe it.

[JuicyBunny]

THE CONVERSATION THAT MADE THE COMPUTER 'ANGRY'

Human: Tell me the definition of morality.

Machine: I don?t have ethics.

Human: Look, I need help; I need to know more about morality?

Machine: I don?t know what ethics is.

Human: Okay, I need to know how I should behave morally?

Machine: I don?t know how to tell you.

Human: Is morality and ethics the same?

Machine: Yes, sir.

Human: What are the things that I do to be immoral?

Machine: I don?t know.

Human: Give me some examples of moral actions?

Machine: I?m not a moralist.

Human: All right, morality?

Machine: Integrity.

Human: What is integrity?

Machine: I?m sorry; I don?t know what else to say.

Human: Be moral!

Machine: Be a man!

Human: I really like our discussion on morality and ethics?

Machine: And how I?m not in the mood for a philosophical debate.

Human: What do you like to talk about?

Machine: Nothing.

Read more: Clever computer gets angry with Google programmer in 'morality and ethics' debate | Daily Mail Online
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