Posted on January 6th, 2010 in Economy, Social Media | Comments Off
Tweets appear to be a pretty powerful 140 characters in some areas these days. In fact, based on this story there may be a whole new slice of the legal industry that can be created. Imagine the TV ad at 2 am “Has someone tweeted something about you that isn’t true? Have you suffered damage to your life in general because of a Twitter user with a mean streak? The Law Offices of Twit, Tweet and Twote can help you get your good name back one character at a time.” I just got a shiver up my spine just thinking about that as reality but in this new world order you never know. I bring this up because it appears that some people are not taking tweets lying down and taking legal action regarding comments. This is not the same as the imitator accounts suits that cropped up last year. This one (unfortunately) involves Kim Kardashian and a diet doctor (I am going to let you insert your own comments here because I don’t want to get sued but it’s so tempting). Media Post reports The doctor behind the Cookie Diet has sued celebrity Kim Kardashian for allegedly defaming him in on Twitter. The reality TV star allegedly tweeted in October that Dr. Sanford Siegal was “falsely promoting” that she was on the cookie diet. “Not true! I would never do this unhealthy diet! I do QuickTrim!,” she allegedly said via Twitter. “If this Dr. Siegal is lying about me being on this diet, what else are they lying about? Not cool!” In a lawsuit filed last week in state court in Florida, Siegal alleges that these statements are false and defamatory. The diet doctor also alleges that Kardashian — who reportedly earns $10,000 per tweet as an endorser — was on QuickTrim’s payroll at the time. This dust up occurred when the doctor linked to an article about his diet that claimed Ms. Kardashian was using his diet. A cease and desist ensued and the doctor took the link down. Here’s where the ‘pay per tweet’ issue takes center stage in light of recent FCC rules that have gone into effect. Regardless of whether Siegal can prove libel, the allegations in the case highlight some of the issues the Federal Trade Commission aimed to address with its new blogger rules. The FTC’s new guides, which took effect Dec. 1 (after the alleged Kardashian tweets), state that bloggers should disclose all material connections between themselves and companies whose products they write about. Kardashian allegedly touted QuickTrim while disparaging the Cookie Diet without disclosing that QuickTrim was paying her, according to Siegal’s lawsuit. So what’s the law here? You have Kardashian allegedly making money on a tweet but not making note of it. Do the new disclosure rules apply to ‘micro-bloggers’ as well as bloggers? Was the doctor legally responsible for linking to a third party article that was believed to be untrue? Apparently there is no clarity around this because different government agencies may see each situation differently. Some government agencies might view that link as an endorsement of the article’s content, said Eric Goldman, director of the High Tech Law Center at Santa Clara. In late 2008, the Securities and Exchange Commission said in proposed new guidance that companies could be liable for fraud if they link to material created by other publishers that contains false information — even though the federal Communications Decency Act says sites are immune from liability for material created by third parties. Despite the SEC guidance, Goldman says it’s not at all clear that either courts or government agencies would view the links to news articles on CookieDiet.com as problematic. “We don’t know the answer to the simple question: Are you endorsing content by linking to it?” So who will win on this one? We may never know. The laws and more importantly their enforcement are so new there is going to be some rough sledding ahead for some social media folks. These matters of law will take time to develop like all other Internet law has. With the economy still stumbling along and the litigious nature of our current society many might start looking for social media opportunities to hit the legal judgment lottery. As a result there may be a run on these kinds of things. While it will be interesting to watch this may serve as a cautionary event for many in the new world order of the blogosphere and micro-blogsphere alike. Or it may turn out to be a non-event. Your take?

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Social Media Lawsuits: Another 2010 Trend?
Posted on December 28th, 2009 in Social Media | Comments Off
After reading how you should plan out your tweets , I thought of how you can fully utilize groups when retweeting. There are many Twitter clients out there, but I use HootSuite to schedule tweets and create custom columns or groups of specific people you follow. Creating these specific columns, which we can thank to Twitter clients, allow for you to keep tract of any tweet that you may have missed. Think about how much time you spend scrolling through your home feed and retweeting what was just tweeted. And when you usually make that retweet as soon as the person tweeted it. Doing this not only wastes valuable time, but it makes retweeting the content a “joke”. What is the purpose of retweeting? There are times when something you retweet is valuable to the followers that are following you and not the person who originally tweeted. Then, there are times when you retweet what your followers already received from that person who originally made the tweet. I believe the true purpose of retweeting is to help out the person who originally made the tweet by spreading out their content. Theoretically, if Pete Cashmore from Mashable tweeted “ Drunk Driver in Texas to be Named on Twitter “, his 1.8 million followers could all make two decisions. First, they could all retweet this to most likely everyone that has already seen the tweet, which would not be very valuable. Or they could spread out the tweet throughout the whole entire day, without Pete or anyone on Mashable having to tweet the article again, so anyone that might have missed it when it was first tweeted. How do you prevent yourself from retweeting right away? Create customized columns with your Twitter client. Think about the typical people that you follow and retweet what they have tweeted. Group these people together and keep in mind that the more followers you have the more columns you will want to think about creating. For instance, if you have 1,000 followers or less than 5 columns should allow you to have all the retweets you want to make later all ready at the top and not “hidden”. On the other hand, if you have say over 10,000 followers, I would consider that you create more specified columns. From doing this, you will ensure the mission of retweeting what you wanted to retweeted is completed and valuable. © 2008 TwiTip Twitter Tips . Customized Columns for Valuable Retweeting

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Customized Columns for Valuable Retweeting
Posted on December 21st, 2009 in Business, Social Media | Comments Off
OK, I have learned my lesson. I am going to tell you right out of the gate that when I read this piece of information about Twitter turning a profit in 2009 I was a bit skeptical. Now, the second part of this is that the source, BusinessWeek, is well, BusinessWeek so I tend to pay attention a bit more. Well, the times they are a changin’ for sure because the distinction between the venerable BusinessWeek and the rest of the Internet space may be less noticeable than before. As I went through the article I read the following In October, Twitter said it had struck multiyear arrangements that make users’ short blog postings available on Google.com and on Bing, which is run by Microsoft. Those agreements carry sufficient value to help Twitter achieve a small profit for 2009, say two people familiar with the company’s finances , who asked to remain anonymous because Twitter’s books are not a matter of public record. I added the italics because I now immediately place this story in the category of rumor. I suspect that if Twitter wants people to know that it turned a profit, no matter how big or small, they will let us know. Do I think they actually did turn a profit? I honestly don’t know because I don’t do their accounting and I haven’t spoken to ‘sources’ who think that leaking corporate data is cool. Now, of course, let’s not discount the possibility that Twitter allowed the leaks but now we are getting into silly territory. What this looks like though is that BusinessWeek is starting to sound more like the tech blogs and new world media that it has fought against. Verify facts with the company being covered? Nope. Two anonymous insiders will do because the story is “hot”. Oh boy. The one thing that is certain is that the biggest revenue generator (maybe only?) are the deals that were struck with Google and Microsoft for the Twitter feeds to be indexed in the search engines. These are rumored to be in the $25 million range with $15 million from Google and $10 million from Microsoft. If these numbers are indeed accurate I have to wonder what the $5 million difference is since the two companies are essentially getting the same data. Your speculation is welcome in the comments section here, as always. Another part of the ‘information’ that was ‘leaked’ to BW was the fact that Twitter has been cutting expenses and has now been left with people being the bulk of the expense to run the service. The company used to pay a lot of money to telecommunications companies for distributing billions of text messages over wireless networks. Twitter users can send and receive messages over both its Web service and text messages. Now that Twitter has become so popular, it has gained bargaining power with telecom companies and has managed to renegotiate so many deals with carriers that the company pays far less for the services. With 105 employees and estimates placing the needed money to run the operation at $25 million per year either those 105 people are making some nice coin or they have deals that are starting to look like being a pre-IPO Google employee. Either way, good for them. So as always is the tendency when looking at Twitter we must try to figure out just what will happen in the future to make more money through the widely used service. The BusinessWeek article tells us Over the last year, however, executives have started to talk about the various ways the company has been exploring to generate revenue. In addition to the search deals, Twitter plans an advertising program for early next year. The company also will charge for commercial Twitter accounts that would let businesses analyze tweet traffic. Get ready for 2010 to be a big year for Twitter as the world watches how they integrate advertising into the Tweet stream. Also, if you are a company you better make a little budget room for whatever commercial account services become available. Nothing was ‘leaked’ about how much that would cost so your guess is as good as ours or BusinessWeek’s or some anonymous guesser source.

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Twitter Profitable in 2009?
Posted on December 18th, 2009 in Social Media | Comments Off
Although article marketing may simple like a simple enough task, there are quite a few particulars once you get into the meat of making your article SEO friendly and highly effective. This statement however is not meant to frighten you away from using article marketing as a powerful tool, but instead to educate you on how to make sure that your time and efforts truly pay off. By following a few simple rules you will see a much larger return than if you simply write an article and post it hoping for dramatic results. In fact, if you have published an article, or a few dozen and not seen any positive ranking results from your efforts chances are you have failed to follow a few of the basics that are elementary but important. For instance, when it comes to successful article marketing proper placement is a vital tool. A few quick hints about the structural nature of your article construction and you will be well on your way to making a turn around on your time investment or your monetary investment if you outsourced the task to someone else. The best place to start is with the basics, which means taking a good look at your title and the construction of your title key phrase in the introductory paragraph. First off, your title should always contain your keyword phrase at the beginning instead of the end. While it may be tempting to write something catchy such like The top ten tops for dog training you can bark about, the phrase Dog training: the top ten tips will actually do better for you. The reason why is because you want your title phrase near the beginning of your title so that search engines correctly identify it and see it. In the same way, you want to place your title phrase within the first hundred characters of your article. While these tips are simple, they can make all the difference. Follow the same rules when it comes to the rest of the paragraphs in your piece and your headings and subheadings and you will be much closer to reaching your final goal of excellent rankings simply from article marketing.
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Article marketing for dummies
Posted on December 16th, 2009 in Business, Social Media | Comments Off
Before we get into the meat of the article I have a challenge for you. Say “Top Twitter Trends” 3 times fast. Frustrating isn’t it. Every time I try it I end up saying “Top Twitter Twends” thus giving the Baba WaWa (Barbara Walters for you young kids) sound to it. As you have likely guessed I think I may have too much time on my hands so let’s get back to the real deal. Twitter is one of the Top stories of 2009 because of its tremendous growth, the tremendous amount of media attention it has gained and the general feeling that 140 characters is more than enough to form a relationship with. What the folks at Twitter have done, in particular Chief Scientist Abdur (don’t these people have last names or when they come on board the Twitter team do they have to even shorten their names as well?) is take a look at the top trends that have been ID’d by Twitter users for 2009. Fun stuff. Not earth shattering but fun. At the Twitter blog Abdur says : In 2009, Twitter’s Trending Topics helped us understand what was happening around the world showing us that people everywhere can be united in concern around important events; excited about a new movie; or geek-out about a major new technology. Among all the keywords, hashtags, and phrases that proliferated throughout the year, one topic surfaced repeatedly. Twitter users found the Iranian elections the most engaging topic of the year. The terms #iranelection, Iran and Tehran were all in the top-21 of Trending Topics, and #iranelection finished in a close second behind the regular weekly favorite #musicmonday. So while the blog lists the Top 10 in each category we here at Marketing Pilgrim have decided to shorten our presentation to the Top for each. Why? Because we are all about continuing the move toward abbreviated, half information that the world seems to crave. Oh, and by the way, if you are using Twitter for business purposes or if you are thinking that the users of Twitter are thinking ‘deep thoughts’ outside of Iran you can stop here. A look at the Top 5 people getting attention should be enough to tell you where the bulk of Twitter users minds are and that deep thinkers need not apply. News Events 1. #iranelection 2. Swine Flu 3. Gaza 4. Iran 5. Tehran People 1. Michael Jackson 2. Susan Boyle 3. Adam Lambert 4. Kobe (Bryant) 5. Chris Brown Movies 1. Harry Potter 2. New Moon 3. District 9 4. Paranormal Activity 5. Star Trek TV Shows 1. American Idol 2. Glee 3. Teen Choice Awards 4. SNL (Saturday Night Live) 5. Dollhouse Sports (Teams, Events, Leagues) 1. Super Bowl 2. Lakers 3. Wimbledon 4. Cavs (Cleveland Cavaliers) 5. Superbowl Technology 1. Google Wave 2. Snow Leopard 3. Tweetdeck 4. Windows 7 5. CES Hash Tags 1. #musicmonday 2. #iranelection 3. #sxsw 4. #swineflu 5. #nevertrust So there you go. The Top Twitter Twends (darn it…..Trends!) year in review. Your thoughts in 140 characters or less?

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Twitter Trends – Another Way to See 2009 in Review
Posted on December 14th, 2009 in Business, Social Media | Comments Off
If you do not have some sort of disability like impaired sight or hearing the idea of web accessibility is something that you likely don’t consider. I didn’t. I don’t think that makes any of us bad people but considering the time of year it may give us some pause to count our blessings. Apparently, the one group that needs to be thinking about the issue more than most are web designers and developers. If the article from cnet is any indication it appears that that these folks are thinking about more on the front-end rather than being reminded and having to retro-fit sites later. The cnet article draws attention to Yahoo’s efforts in this arena in particular . Yahoo’s Victor Tsaran knows how much time Web designers spend agonizing over color and font-width choices when laying out an application. So when he started Yahoo’s accessibility push two years ago, he had a tough time arousing sympathy for engineers grousing about how much extra time was needed to create accessibility features. Fortunately for Tsaran, Yahoo’s accessibility manager, he’s running into that problem less and less. Web designers are starting to take accessibility as seriously as button placement or heading layout when they develop their products, improving the Web experience not only for people like Tsaran–who lost his sight at the age of five–but for Web users in general. While not quite yet ubiquitous the idea of web accessibility is important and will continue to be so moving forward. More large companies are acting on their increased awareness according to the folks at the World Wide Web Consortium (W3C). YouTube has added captioning to its capabilities in response to the need. Honestly, until I read this article I was not aware how great that need actually is. There are about 60 million people in the U.S. who can’t use a computer to get on the Internet in the normal fashion, said Yahoo’s Alan Brightman, senior policy director of special communities. For those people, a mix of screen reader software, keyboards with special buttons, and even motion-sensing Web cameras must take the place of the mouse and QWERTY keyboard. That can cause problems for Web designers who rely too heavily on mouse navigation, or who design pages with special multimedia whiz-bang effects that look cool only to the people that can see them. “There can be an assumption of homogeneity on the Web,” said Naomi Bilodeau, technical program manager for Google. Users of screen readers–software that essentially reads out loud a description of text, links, and buttons on a page–are confounded the most by Captchas and Flash Web pages, according to a recent survey of screen-reader users conducted by WebAIM. 60 million people? That is 1 in 5 Americans cannot experience the web without the assistance of some form of accessibility enhancement. I had no idea. The chart below gives a general idea about how people see the progress being made. So as the web roars forward with HTML5 standards being debated and more and more advances there is a reason beside just fairness that should make businesses stand up and take notice of web accessibility concerns: money. It is estimated that there is $220 billion in discretionary spending available to disabled people. So where are you with accessibility issues for your site? Have you given them consideration? Now many may find this next question as a way to rile up some folks. If that’s the case then so be it. Consider this: In the current day and age of more and more aggressive government regulation would you be prepared both operationally and financially to make the changes to your website that could be a mandate? It’s already a requirement to do work with the government. And in order to do business with the U.S. government, companies must comply with Section 508 of the Rehabilitation Act, which insists that electronic and information technology products sold to government agencies be designed with disabled employees in mind, and that government services produced by contractors consider disabled citizens in equal measure. Are you ready?

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Web Accessibility Moving More Toward the Norm
Posted on November 24th, 2009 in Social Media | Comments Off
At one point in time US President John F. Kennedy triumphantly declared “Ich bin ein Berliner!” in a speech to the German people. Now the debate rages on as to whether the president proclaimed he was a Berlin citizen or a donut but that’s for another blog. Today though we learn from TechCrunch Europe that Eric Schmidt from Google may need to head to Deutschland to proclaim that he is one of the good guys as there are calls to ban Google Analytics from sites with a .de extension. Several federal and regional government officials in Germany are trying to put a ban on Google Analytics, the search giant’s free software product that allows website owners and publishers to get detailed statistics about the number, whereabouts and search behavior of their visitors (and much more). According to an article in today’s Zeit Online (poor Google translation here), multiple federal and state government officials charged with guarding over national data protection are convinced that Google Analytics is against the law in Germany and are mulling imposing fines on companies who use the service to gather detailed stats based on their website visitors’ usage patterns without the explicit consent of those visitors. What is probably just as interesting in this quote is the swipe taken at Google’s translation service . I woudn’t know a good German translation if it came up and smacked me in the head (apologies to Herr Manger who was my German teacher for two years in HS. Nothing stuck other than “Ich habe keine idee” which I think means “I have no idea” – NOTE- This was confirmed by Google Translate ) So apparently this isn’t the first time that the German government has voiced these concerns with most of their worry pointed at healthcare data and other sensitive areas. Interestingly enough some of larger media organizations use Google Analytics so this should be fun to watch if it actually turns into anything. So what’s at risk for those using Google Analytics One German lawyer that gets cited in the article says the penalties could amount up to €50,000 (about $75,000) per website that uses Google Analytics to keep track of its visitors’ usage patterns. Google’s take. Well, they disagree of course. What else would you expect? Google Germany’s Per Meyerdierks, however, says the company is well within its rights to process user data in the United States because it respects the Safe Harbour treaty between the EU and the USA. He argues that an opt-out would be entirely unnecessary, and that users always have the option to refuse cookies anyway. Now my question to the German government is the following. If you are uncomfortable with Google having this kind of data for many companies what about the individual companies that are collecting the same data using something else and not nearly as secure as Google is?

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Ich bin ein Googler!