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Bless 'em!! They're trying so hard, but there's not much they can do against Nintendo this time around...
I don't quite understand how this came to be news. Viral marketting is big business. We know they all they likely do it to some extent or other. And there's some things pretty untraceable like the idea of Forum Mites working surreptitiously to spread a message.
The poignant part of this for me is that a court mentioned companies could get into trouble over viral marketting. Quite how they can enforce that, I'm not sure. In the UK it's not against the law to advertise a 'product' without any mention at all of the product or company. I imagine that's the same in the US? Though I hear ads over there are pretty...straight-forward. Still, the idea that companies would have to disclose their involvement in a marketting campaign wouldn't fit in with that. Much as I'm unimpressed with viral marketting and these dodgy campaigns, least of all because I doubt they achieve much (why not put that 'viral' material on yourpsp or dustballs? They need some content!), it comes with the whole open-marketting-capitalist thing. Same with YouTube. You can't really screen everything of commercial interest. Just accept marketeers will wrangle into every opportunity, unless you want a heavily regulated marketting sector. And no government wants that as it's bad for the economy!
I don't understand US law on this matter, but wouldn't the fact that you can look up the owner of the website to trace them to an advertising firm serve that requirement? It's not like they hid that info, so weren't really misrepresenting anything other than the content, but that's marketting. eg. You get celebrities to endorse your product when they themselves wouldn't use it. Or you get actors pretending to give interviews extolling the virtues of a product. These are common marketting techniques to disguise a message as 'coming from the people'.You don't have to mention the name of a company or product explicitely in an advertisement, but at least in the US, there are disclosure guidelines and you can find the source of an ad if you want. These sorts of things are meant to deliberately conceal and misrepresent the source, which is where the issue arises.
I don't understand US law on this matter, but wouldn't the fact that you can look up the owner of the website to trace them to an advertising firm serve that requirement? It's not like they hid that info, so weren't really misrepresenting anything other than the content, but that's marketting. eg. You get celebrities to endorse your product when they themselves wouldn't use it. Or you get actors pretending to give interviews extolling the virtues of a product. These are common marketting techniques to disguise a message as 'coming from the people'.
I don't understand US law on this matter, but wouldn't the fact that you can look up the owner of the website to trace them to an advertising firm serve that requirement? It's not like they hid that info, so weren't really misrepresenting anything other than the content, but that's marketting. eg. You get celebrities to endorse your product when they themselves wouldn't use it. Or you get actors pretending to give interviews extolling the virtues of a product. These are common marketting techniques to disguise a message as 'coming from the people'.
That was my second example though, and quite common. You get adverts that appear to be interviewing ordinary Joes, but they're paid actors. Not that I'd mind if an end is put to that, as it is misleading. But I don't see why Sony are 'teh Evil' for this when it's a practice that's been around for decades. In many forms. eg. You can get books or TV programmes starting with 'based on a true story' when it's all just made up, because as a work of fiction, the 'based on a true story' part is also a part of the work of fiction. At the end of the day, trust nothing! Or enforce an honest world. I can't imagine that second option proving popular though.It would be like a company saying they're going to interview 10 random people about how great their product is but then someone finds out the people werent random but were screened and pre-selected. That is simple lying and misdirection.
eg. You get celebrities to endorse your product when they themselves wouldn't use it. Or you get actors pretending to give interviews extolling the virtues of a product. These are common marketting techniques to disguise a message as 'coming from the people'.
That was my second example though, and quite common. You get adverts that appear to be interviewing ordinary Joes, but they're paid actors.