Posts Tagged ‘ music

The Eminem Guide to Becoming a Writing and Marketing Machine 23 November 2009 at 6:56 am by admin

image of the rapper Emineml

Ten years back, my soon-to-be wife, Cindy, and I first noticed the bombarding beat for Marshall Mather’s “My Name Is.”

“What an ass,” I said as the two of us sat to watch the Grammies a year later. “It’s sad he can sell so many records just by being vile. Really, how much talent can that possibly take?”

“Have you heard the record?” Cindy asked.

“No,” I admitted. “But I’ve heard enough to know he’s an ass.”

She pursed her lips in silence as I stuttered through a series of half-articulated examples — the criticisms of others slipping through the filter of my voice. Unlike me, she was withholding judgment of the music until she’d heard more of it.

“You know if you listen to the album you’ll be a lot more entitled to an opinion, right?”

My wife has taught me, and continues to teach me, more than anyone else.

The next day I bought the Slim Shady LP along with the newly minted Marshall Mathers album. I then spent the next few months in a new sort of aural awe.

I’m not sure what my expectations were, but they certainly weren’t to meet a man who would murder my preconceptions of the alphabet.

Though I’ve always been drawn to great lyricists and songwriters, I’d never heard anyone able to effectively indulge satire, rage, sorrow, shame, guilt, regret, power, passion, loneliness, bravado, stupidity, genius, leadership, idiocy, misogyny, sympathy and, believe it or not, tender compassion. And Eminem was doing it in a stream of pentameter that would, I’m certain, cause William Shakespeare to shudder.

Plus, the dude is a brilliant storyteller.

Marshall Mathers is a lyrical sniper with a shotgun, and vents more in a few hundred words than many are able to effectively communicate in pages of copy. When I listen to an Eminem record, I’m hearing a man who cares about every single syllable and the exact tone of its delivery.

This isn’t to say all his songs are good. In fact, each album has a handful of songs I find both repugnant and unendurable. Yet they are always peppered against gems of absolute genius.

Eminem is a complicated artist, and could easily provoke pages of arguments on his positives, negatives and overall impact on our culture for better or worse. But as a writer and marketer, few can touch what he’s managed to accomplish.

Meaning that if we pay attention, there’s plenty to learn.

What Eminem can teach you about writing

1) Write and read all you can

Marshall started writing while just a child, constantly sanding the rough edges of his craft, knowing without doubt that the only thing that would get him out of the trailer park and into a better life was furious effort and endless practice.

Marshall familiarized himself with the greats until storytelling was as natural as drawing breath. He may have started by imitating the pioneers who came before him, but Eminem soon blended their legacy into his own brew that was like nothing else.

2) Edit ruthlessly

Eminem’s best tracks harbor some of the tightest writing I’ve seen in any medium. One has to wonder just how long he spends on each song, considering how securely each syllable is cemented in place.

Not only can Em craft a compelling argument in prose, he can also structure it in a way that would dazzle Dr. Seuss, not only by rhyming words that shouldn’t rhyme, but by packing more poetry into a verse than should be technically possible. Only fastidious editing can pull the written word so taut.

3) Write what you know

One of the things that makes Eminem so polarizing is that his message flies from mind to mic with only the thinnest filter in between. Listening to his music is like tuning into a live therapy session that would make Tony Soprano seem stable by comparison. It’s easy to believe that Marshall is speaking directly from his heart and unique set of experiences.

4) Start strong and finish stronger

The best of Em’s songs achieve something rare in commercially produced music — they realize a powerful climax prior to their conclusion. Many of Marshall’s songs are written as arguments, and it’s usually in his third verse when he drives his point home, often with a lyrical sledgehammer.

5) Be concise and use powerful sentences

Marshall pares his arguments down to the marrow. His intuitive sense of flow allows him to seamlessly drift from the measured cadence of ordinary speech to an unrivaled intensity of verse, but it is always the power of his writing which enables him to drive his point home with such precision.

What Eminem can teach you about marketing

Eminem is a terrific writer, but if he wasn’t also a natural marketer, he might very well be still living on the wrong side of 8 Mile.

1) Put yourself out there

Be tireless and undaunted. Marshall paid his dues in underground clubs as the only white boy to step up and take the mic.

I was playing in the beginning, the mood all changed. I been chewed up and spit out and booed off stage. But I kept rhyming and stepwritin the next cypher, best believe somebody’s paying the pied piper . . .

Em knew that no one was about to hand him anything. If he wanted his voice heard, it was his job to spread it.

2) Be extreme

Try speaking to everyone and you end up speaking to no one.

As Sonia recently pointed out, Jenny Lawson and Naomi Dunford aren’t for everyone, but those who love them, really, really LOVE them.

See I’m a poet to some, a regular modern day Shakespeare, Jesus Christ the King of these Latter Day Saints here. To shatter the picture in which of that as they paint me, as a monger of hate and Satan — a scatter-brained atheist. But that ain’t the case, see it’s a matter of taste. We as a people decide if Shady’s as bad as they say he is. Or is he the latter — a gateway to escape? Media scapegoat, who they can be mad at today . . .

3) Tell a story

Build a backstory that is unique to you and you’ll develop a following that can belong to no one else.

Marshall’s storytelling was evident in his first LP, but he cemented his place as a teller of unforgettable tales in the second album, most notably with the song Stan, which tells the story of a crazed fan who does double duty in the song as a doppleganger for Marshall. Eminem used this narrative as both a means of self reflection and as a response to the many critics questioning the cultural impact of his music.

4) Experiment

Eminem’s music is crammed with experimentation. From the simple lo-fi beats of his earliest work to the wicked carnival rhythms which characterized his partnership with Dr. Dre, and all the loopy meters in between, it’s easy to imagine that Marshall isn’t happy unless he’s trying something new.

Not every experiment works, but at least he’s willing to play in the lab.

5) Address objections

A big rule of marketing is to address audience objections before the audience does.

Eminem has a history, going all the way back to his first major release, of addressing critics head on without flinching.

How many retards’ll listen to me and run up in the school shooting when they’re pissed at a teach-er, her, him, is it you is it them? ‘Wasn’t me, Slim Shady said to do it again!’ Damn! How much damage can you do with a pen? Man, I’m just as %#&@#! up as you woulda been if you woulda been, in my shoes, who woulda thought, Slim Shady would be something that you woulda bought?

Marshall Mathers is complicated and undeniably controversial, and though his critics would correctly point out that his music is filled with hate and vitriol, few of them seem to acknowledge that he is also manipulating his own material, taking his arguments to such ridiculous extremes that he turns them into farce.

Love him or hate him, the man known as Eminem has proven that he’s an important force in both modern music and culture. You don’t have to like his lyrics or his message to learn something from him. I’m grateful for the day my wife wondered out loud if I really knew what I was talking about.

About the Author: Sean Platt is a direct response copywriter and independent publisher. Follow him on Twitter.


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The Eminem Guide to Becoming a Writing and Marketing Machine

+ Blue Hat Technique #21 - Advanced Mininet Building By admin 10 November 2009 at 4:11 am and have No Comments

I promised awhile back that I’d teach you ugly bitches more ways to build your sexy SEO Empire. With some spare time this week I might as well take some time to help your nasty hooker ass do just that. YES I will insult you through this entire post because judging from the recent comments you donkey fuckers are getting a lil too big for your own britches and need to be brought down a peg. I’m kidding of course. You guys are great. I just feel like filling this post full of as many reasons not to read it as possible and since no one gave me an excuse to do it, I just made one up. :) This post will be advanced and since this technique’s ability to be bulletproof feeds off creativity and the subtleties of being selfmade I’ll also only give out pseudo code instead of code samples. It is however an extremely efficient way to build large amounts of unique and self-promoting sites and is more than reusable for just about any chunk of niches so modularize your code and save it for future scaling. Trust me you’ll wish you did.

Getting Started With Your Custom Mininet Generator
It’s always easiest to start a project with an example in mind so begin by picking a generalized niche that can involve a lot of different sites along the same theme. For this example I’ll use music based fan sites. So I’ll grab a few starter domains to test with such as AudioslaveFanzSite.com MetallicaFanzSite.com KanyeWestFanzSite.com and maybe one more for good measure, JonasBrothersFanzSite.com. <- See how I was all insulting and mean at the beginning of this post and suddenly changed it around to being all considerate and using faggy bands as examples so you fags can relate to what I’m saying here. I’m not mean all the time and can in fact be quite understanding. *grin* Anyways! Now that you got your domains setup an account under a single domain on your server and add the rest as addon domains. In your site’s root make a Sources folder and another to hold a data dump. After that setup a MYSQL database to be used by all sites and put a row in a table for a single domain you bought (the rest will be inserted automatically later). I recommend you put the actual domain in some value in that row.

Build a Single Universal Template
This is easier than it sounds. You can always go 100% custom but to save time I like grabbing a generic looking premade template. I then put it into a script and disect the html to put in as many variables as I can fit. A few examples would be

$heading1

$maincontent

which I will later fill with the actual content and variable values. Pack the template full of as many customizations as you can so it will not only be flexible and universal among all topics in the niche but the html itself is very random and as uncookie cutter like as you can get it. Torwards the end of the process I also tend to throw in a bunch of $randspacing type variables as possible. Then i use a randomizing function to create various spacing and line returns and randomly insert it throughout just about every group of html tags. I mention this now instead of later in the post because its important to realize that you will want this template to be as flexable as possible because you’ll eventually be using that same template on a TON of sites that may or may not be doing some interlinking so you don’t want it to appear as a network. Changing colors, widths, and images around are a great way to accomplish this just don’t get too complicated with it starting out. Keep it very basic and once you got the mininet nearly done you can add as many as you’d like later. Sometimes it’s typical to throw yourself off focus and doom the project by getting too hung up on getting the same thing perfect. For each variable you place in the template you’ll want to put the same as a field in the SQL table you created previously.

Putting Together Some Content Sources
For an example such as the music fan sites mininet I’d probably jot down a few sources of content such as Audioscrobbler for the band descriptions, primary image, and discography. Then Youtube API for a few music videos for each musician. Another great source would be Yahoo Images for some band related wallpapers and Alexa for some related sites to link to. I might even grab the Google Blogsearch rss for some recent blog posts related to that artist. Starting out it’s usually best to keep your sources as simplistic as possible and not stray too far from readily available RSS and APIs. Like I said you can always get more advanced and custom later. Create a module script for each source and put it in your previously created Sources folder. Then for each source you came up with add it as a table in your SQL and put in all the fields you’ll need for each one and remember to save room to identify the domain on each one.

Building The Generator
Create a backend script that will simply be a place to copy and paste a list of the domains and their primary keywords into with a button to submit it. My domains and keywords for this example would most likely be pipe delimited such as:
GodsmackFanzSite.com|God Smack
U2FanzSite.com|U2
BeyonceFanzSite.com|Beyonce Knowles
Once the list is submitted the generator needs to insert a new row into the table and create all the randomized variables for the site such as the background colors , various spacings (and/or a brand new template file stored in the data folder) putting them in the same single row. Once the basics are done it can call all the source modules and run them using the domain name and the keywords they need to grab the right content. They will then need to put that content into the database under the proper domain’s row(s). You now have all the content you need for each site and each got its own template! Now it’s time to just build the son of a bitch.

BUT! Before I show you how I’ll give you a few examples of how I would setup my tables for each of the sources so you can get a better idea.
For my Youtube I’d probably keep it simple and just do the domain and the embed code.
Domain|EmbedCode

Audioscrobbler:
Domain|BandDescription|Albums|PrimaryImage

YahooImages
Domain|PathToImage

GoogleBlogSearch
ID|Domain|PostTitle|PostDescription|PostLink

Alexa
Domain|RelatedSite1|MySite1|RelatedSite2|MySite2|RelatedSite3|MySite3|MoneySite1

*the MySite1 would be another random fan site in your list of domains. The MoneySite1 would be a money site of yours you can insert later to help with upward linking ;) These are foundation sites after all.

So simple even a retarded piss bucket like yourself can figure it out :)

Scripting The Sites
I know some of you are going to talk about dedicated IPs for each site and various other expensive ways to make sure the sites don’t get associated with each other but there was a good reason I said to use addon domains although there are other more complicated and better solutions. The first thing you should do when scripting the index page is to grab the current domain using an environmental variable such as HTTP_HOST. Once you have the domain name you can use that to grab all the appropriate data for each domain name and you only have to code one site and get it to work for ALL the sites in the mininet. For instance if someone goes to JayZFanzSite.com it’ll grab that into the variable and customize the entire site to be a Jay-Z fan site even though its all the same script controlling all the addon domains. I always start with the main page and branch all my subpages off that. For instance for the Jayzfanzsite.com I would put in a section for Jay-Z Music Videos and link to More Jay-Z Music Videos(the Jay-Z being that domains primary keyword as specified in the DB). That Jay-Z Music Videos subpage would just be more previously scraped music videos from youtube. The same would be done for the Jay-Z Wallpapers, Jay-Z Discography, Jay-Z Lyrics, Jay-Z Guitar Tabs..Whatever sources I’m using. Each would be a small section on the main page and would expand into their own subpage which would target popular keywords for that artist. Once all that is done and built into the template you can test each change among all the current test domains you have to make sure each shows up nicely and the randomizations and backgrounds all are static and neat for each site. Be sure to put in a place for your Alexa similar sites and as shown above mix in links to your other fan sites for each band/musician as well as some placements for your current and future money sites so they can all get good link volume. Once every test site looks pretty and is fully functional along with fairly unique content all you have to do is scale up with more domains.

BUT FIRST! I like to incorporate ways for each site to self build links. Such as for the Google Blogsearch posts I’d put a section on the main page for Jay-Z News listing the most recent 25 blog post results or so. Then I would build a small cronjob script to update it every day with 25 new posts or so and do a pingback on each to score a few unique links from other related sites every day automatically. This way you not only have lateral links from other sites on the mininet but links from other sites and the links are always growing slowly so each site can continue to grow in rank and traffic over time.

Buying More Domains and Scaling Up
As indicated I like to keep it simple and pick a prefix or suffix that has many open domains that way I don’t have to spend a ton of time picking out the domains I can just grab a list of several thousand popular bands and mass buy the domains then copy and paste them into the backend generator. Boom! Several hundred to, if you’re bold enough, thousands of new sites. All of which will grab quite a bit of underexposed traffic from keywords, image search and links. It will also give you tons of links and awesome pagerank for future sites you build. It’s a lot of work initially but it’s definitely easier then hand building all those sites yourself and the sites can easily become just as successful as if you did, especially if you did a good job with your sources. Once you’ve scaled up that mininet to a level you’re comfortable with and can maintain financially (it helps to build in a montenization module to the site so you can easily switch out ads among all the sites so they can create the most money possible per site) you can switch to a new group of sites using the same code, many of the same sources, and same method. The music fan site example is great because nearly the exact same code can be used in so many ways. For instance I can take the same damn code, get rid of the audioscrobbler and swap it for a widely available car DB for the description, image and car specs, and build a whole mininet for every single make and model car out there with a whole new set of domains such as JaguarXJ220specs.com, BMW540specs.com, PontaicGrandPrixspecs.com. It’s as easy as swapping out the keywords used in the modules so they become Pontiac Grand Prix Videos (from youtube source) and Pontiac Grand Prix Wallpapers/Images. All you need is a new template and a new group of domains to build an absolutely massive and diverse mininet that is actually profitable and self growing.

PS. I know I said HUNDREDS and THOUSANDS of sites all dramatically, but as with all techniques start off small. Get your scripts and promotion right. Make sure it works and is profitable on a per site basis before scaling up to any ridiculous levels.

LATA JERKS!

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+ How to Make Money with Free By admin 09 November 2009 at 7:42 am and have No Comments

image of sign saying yes, it's free

We live in a world of free. If you’re trying to make money, especially online, you might think that would make things difficult.

Every day, someone releases a new eBook, video, or podcast that not only contains tremendous value, but gives away many of the “tricks of the trade” that we used to have to pay for.

You’d think that the paid content business would be shrinking in the face of all this free information, but it keeps getting stronger. How can that be?

For instance, there are a lot of free materials that teach people how to set up a Wordpress blog or to use Twitter effectively. A quick search on YouTube will provide you with hundreds of videos that can teach you to do almost anything you want to know.

Yet, there are still people making plenty of cash selling products explaining how to do any and all of those things.

How do they do it?

Building relationships

People buy from those that they know and trust.

Sure, there are people in the yellow highlighter brigade who can sell ice to an Eskimo, but it isn’t easy to do. (And you may not even want to.)

Most of us can’t write the ultimate sales letter. We also can’t afford to hire a $20,000 copywriter. So how do we do it? We build relationships.

When you establish a “winning difference” or USP, you can start attracting the people who really dig what you do.

If your stuff is good, I guarantee you can find at least one evangelist to recruit others to come check you out. They’ll spread the word for you, which attracts more evangelists, and means that you will have ever more people stopping by.

Nurture relationships with your readers and evangelists and your small army will continue to grow.

The benefit of free

Content marketing is all about giving away some of your best stuff for free. Not just your “pretty good” content, but content that will improve and add value to the lives of your readers.

As they learn more, their game will improve and they’ll keep coming around for more. And they’ll want to reciprocate by either buying your paid products or spreading your message.

Most people won’t buy from you unless you’ve proven to them that you know what you’re talking about. Great content is one of the best ways you can do that. When you give content away for free, you earn trust and anchor your business in the mind of that reader. If they use your stuff, and it works, they’ll keep coming back for more.

They’ll pay for souvenirs

I first heard this idea from Seth Godin when he gave a speech about book marketing, but the concept applies to nearly every online business.

He said that people buy souvenirs, not products. In the music industry, Nine Inch Nails does this by selling collector’s editions of their albums. In the blogging industry, we can do it by selling a physical version of a product, limiting quantities of digital products, or by publishing a book.

If your blog creates a great experience, think about what kind of souvenirs you could offer that would let them hold onto that experience.

They’ll pay for access

Particularly if you’ve used your blog to build your reputation and authority, you can also sell different levels of access to you.

The people who truly love what you do want other ways to access your knowledge. Your raving fans will start by picking up every digital product you offer. From there, many will want more exclusive access, such as a consulting service, a mentoring or coaching program, or a monthly membership with exclusive access to you.

If you empower people to do what they most want to do, they’ll want to buy something in order to feel closer to you. (And, of course, it goes without saying that you’ll deliver value that’s in line with the prices you’re charging.)

JB Glossinger does a great job of this with his Coach Cast. Brian and Sonia do it with Teaching Sells.

You’d have to sell thousands of eBooks to make a living as a blogger, but it might take only a few hundred premium members to do the same job.

Free samples have been part of marketing and selling since long before the Internet. Give great value and follow a few proven models, and you’ll discover not only does “free” not hurt you, it can actually be a great boost for your online business.

About the Author: Nathan Hangen writes about web entrepreneurship at NathanHangen.com, and about how to use social media to fuel your brand at Making It Social. Follow him on Twitter @nhangen.


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+ Friday Recap - Social Chokehold Edition By admin 23 October 2009 at 3:58 pm and have No Comments

Happy Friday, friends! Hungry for a recap?

The week’s big news was that social search entered the mainstream. Bing, and subsequently Google, announced social search integration into their respective search engines. Bing partnered with Twitter and Facebook to serve status updates and tweets in search results, and the social search service is now up and running. Quick aside: Bing’s parent Microsoft also released the Windows 7 operating system this week.

Meanwhile Google, in a move that smacks of thunder theft, has said that its social search will launch in Labs in a few weeks. (Not content to just slap Microsoft, Google co-founder Sergey Brin managed to smack Yahoo! this week as well.)

For more on the social search features and how they may affect SEO, check out Marc Elison’s exploration of the subject on the Bruce Clay Australasia blog. [Hallo down under! --Paula]

happy girl eating ice cream
CC BY 2.0 Ice cream = Happiness

The social networks themselves also celebrated accomplishments this week as Twitter reached its five-billionth tweet and Facebook data was used to create a Gross National Happiness Index based on the sentiment expressed in users’ status updates.

In other social news, Facebook elaborated on its leaked and as-of-yet-unreleased home page design, and Twitter use is being blacklisted by some segments of Hollywood.

Now, living in L.A. you see lots of weird things. But have you ever seen a group of people break into song in the middle of a grocery story? Improve Everywhere, the infamous group of improv artists that spreads smiles in the New York City area, pulled off this very feat, with all the gape-mouthed glory you’d expect if life turned musical before your eyes.

Rumors that Google is entering the music game were all but confirmed by leaked screenshots of a new service where Google allows users to stream music through the search engine and purchase songs through iTunes and Amazon.

However, the search engine did announce new features for Google Analytics and an API for Website Optimizer. The company’s newly approved patent for “trustrank” also piqued interest in the search community.

Communities are really the lifeblood of the online world, and posted comments are like a vital sign. Outspoken Media has posted seven illnesses of a comment-less blog, and more importantly, their cures. If you should be taking advice on building blog engagement from anyone, it’s clearly The Lisa. I know I do.


Study of e-mail user demographics by RapLeaf

The findings of a RapLeaf study of 120,000 e-mail users will be revealed in a multi-part series on the consumer data company’s blog. The first part, available now, breaks down the users of AOL, Gmail, Hotmail and Yahoo! e-mails by age and gender. The study shows that there are more male than female users of Hotmail, more female than male users of Gmail, and email users age 46 and up prefer AOL.

E-mailing and text messaging, according to a study by The Participatory Marketing Network and the Lubin School of Business’ Interactive and Direct Marketing Lab at Pace University, are the last activities that Gen Y would be willing to part with. Gen Y, those babes of the Baby Boomers, would give up the phone, TV, social networks and basically the whole rest of the Web before letting anyone pry e-mails and texts out of their hipster hands.

SEO vlogger Neal Rodriguez published his interviews with Bruce and me from SMX East earlier this month. Bruce talks about the coming new-and-improved SEOToolSet suite of diagnostic tools for Internet marketers. Neal and I talk about BCI’s liveblog coverage and my favorite learning moments at SMX East 2009. And just in case it’s not clear, the name’s Nussey, Virginia Nussey. (Cue secret agent theme music.)

Things I learned from Boing Boing this week:

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+ Electronic Contacts and the Long Arm of the Law By admin 13 August 2009 at 11:59 am and have No Comments

Our moderator is Anne F. Kennedy, SES Advisory Board, Founding Partner and CMO, Joblr.com and Managing Partner & Founder, Beyond Ink. Our speakers are Robert Friedman, Partner, Kelley Drye & Warren, and Mark Rosenberg, Of Counsel, Sills Cummis & Gross P.C.

Long Arm of the Law Panel

Anne says our speakers will put up legal jargon definitions in the presentation slides. Robert is up first. He’s going to talk about personal jurisdiction. Lawyers talk about different kinds of jurisdiction. Personal jurisdiction refers to the state in which an individual or business can be sued. A person or company cannot be sued in a particular jurisdiction if the court does not have personal jurisdiction over that person or company. There are special considerations in the electronic space.

Caveat 1: This is an area of law that’s developed since the country was formed. Therefore this is going to be a broad overview with the goal of giving you the understanding for your business.

Caveat 2: The goal is to do business and make money, so they’re not saying don’t do business. But there are risks to consider. You may decide the reward outweighs the risk.

Most states have statutes that allow a person or company outside its borders to be sued in that state. Find out what your state law is and what jurisdiction another state has over someone in another state. For example, in NY, the Long Arm Statute grants personal jurisdiction over a person or company doing business in NY or transacting business in NY and the lawsuit arises from that contact.

If you transact enough business in the state, it might be fair to have jurisdiction in that state. You also consider the due process — would the person reasonably expect to be sued in that location?

Our forefathers never considered the way business is done today. The system was created based on state borders. That invisible line acts as a barrier for jurisprudence. But with Internet commerce, the goal is knock down all the borders. Commerce is quick and widespread. So how have the courts that have grown with these laws deal with the new borderless commerce? The answer: not very well.

Web Site Jurisdiction

Chloe v. Queen Bee of Beverly Hills: Six weeks ago a court in one state considered a case that revolved around a single transaction in the state by a company outside the state. The finding was uh oh, we don’t have a way with dealing with this — we have to examine it deeper.

Companies and individuals that use interactive Web sites to do business in certain states and with residents of certain states may be sued in that state.

Key facts with a Web site jurisdiction case:

  • Revenue generation
  • Active vs. passive distinction
  • Solicitation or targeting of a state’s residence

The Zippo Sliding Scale has been adopted by courts:

Slide from Electronic Contacts and the Long Arm of the Law

On one side of the interactivity scale is passive information. On the other side is the active site that is selling product and generating revenue. In the middle is some degree of interactivity but no sales are being made. This includes registration, blogging, free items, file sharing.

Even the most passive Web sites have some interactivity. Even tech-slow law firm sites are becoming interactive with blogs and comments and posts.

Here are some cases that illustrate Web site jurisdiction.

Sony/ATV Music Publishing LLC v. CAVS USA, Inc.: Jurisdiction was found based on online orders to over 100 Tennessee customers and just 2.5 percent of products sold there. The court exercised jurisdiction.

New Angle Pet Products v. MacWillie’s Golf Products: $32.97 was spent in a state to buy a product in another state over the Internet. This was enough for jurisdiction.

Square D Company v. Scott Electric Company: This case was based on less than one percent of sales. There are quite a few others that fall in the same group. Even just a quarter of a percent (.25%) was enough in one case.

Societe des Bains de Mer v. MGM Mirage: Sales weren’t even considered. A sales drop-down menu was enough to get jurisdiction because it meant people in that state could buy from the site.

The ninth circuit of California — the highest federal court before the Supreme Court — just made a radical and controversial decision. There were two competing law sites. One site had a completely plagiarized page touting their elder law practice. The Web designer had lifted it from another client. The fact that the plagiarized firm was doing law in CA was enough to give the state jurisdiction.

Meta Tags and SEO

While Meta tags are interesting from a legal standpoint, they have less relevance to business today. Optimization has more relevance. Keyword advertising isn’t bringing as many legal cases because the plaintiff has to prove consumer confusion. Morris Material and Handling case can be looked at for an example of this case

Personal Jurisdiction in the Clouds

This is the next frontier in the business and legal side for libel, trademark, etc. The courts are grappling with how to deal with these issues.

Capitol Records, LLC v. Video Egg, Inc.: No jurisdiction based on the sheer availability of infringing products on the site. The site didn’t actually generate revenue. But the court found jurisdiction based on substantial ad sales to NY companies. A factual record showed that VideoEgg promoted the NY user base to advertisers. So despite the fact there was no revenue generation from the downloads, the ad revenue was enough.

Contrast that with a case in NY where Royalty Network sued Dish End. The court didn’t issue jurisdiction because while Dish End has big NY advertisers, there was no evidence they had promoted their NY user base to advertisers. This is a good indicator of how courts will consider jurisdiction.

IO Group, Inc. v. LaPerna: No jurisdiction where there were no sales in CA. Uploading files onto CA server and allowing one CA business to advertise on a site was not found to be enough for jurisdiction. The server location and the one advertiser was not enough of a basis for jurisdiction.

Forward Food LLC v. Next Proteins, Inc.: Jurisdiction found based on a single visit to NY, uploading of due diligence documents to a virtual data room for review in NY, and several emails sent to NY.

Chang v. Virgin Mobile USA: A phone company downloaded a Flickr user’s photo and used it on their ads. A court in Texas, where the Flickr server was located, did not find personal jurisdiction. A server isn’t enough. There needs to be some kind of targeting or proof that the company wanted to business there. With more targeted marketing happening, this could provide an easier basis for establishing jurisdiction based on audience targeting.

Mark will now talk about how to protect yourself with the court’s past decisions in mind. He asks, “Why should we care?” You may be considered to be doing business in states you never thought you were doing business in. You may need to comply with another state’s laws. Jurisdiction determines where you can get sued. You may be required to collect sales tax for customers located in other states.

State Registration Requirements

You may need to register or license your business in other states. Insurance, financial products and counseling, and real estate transactions — even if an advertiser for such businesses — you may need to register or license in the state.

You may need to register the product that you’re offering. If you don’t there could be significant penalties.

Comply with state laws:

  • Disclosure requirements of disclaimers
  • Product or service may be prohibited
  • Age limitations
  • Sales restricted to in-state sellers
  • Tax issues

Where can you be sued?

  • Any place personal jurisdiction exists
  • Not just where you or the plaintiff reside
  • Where your cease and desist letter is received

Where you get sued matters:

  • Cost and convenience issues
  • Laws vary from state to state — this often determines who wins or loses
  • Court rules and docket speeds — each courthouse, and even each judge, can have a different speed or process

Collecting Sales Tax

New York and Rhode Island required that a sale that was affected in any way through someone in that state — for instance, if an affiliate led to the sale and resides in that state — pay that state’s sales tax. There are steps you can take to avoid doing business in a certain state.

Option 1: Nothing

This is a viable option if:

  • Passive site
  • Purely local site
  • Don’t deal with regulated products or services
  • Don’t have affiliates
  • Don’t care

Odds are you’re probably safe if one or more of these apply.

Option 2: Avoid a particular state

Don’t offer product or service to residents of that state. Make it clear on your site, and really mean it. If the site blocks them (for instance, if the state isn’t in the sales drop down), the phone sales team needs to know to look for sales from these states as well.

Option 3: Choose where you want to be sued

This can be as simple as including terms in your Terms and Conditions. It’s called a forum selection clause. Something like: “Any claim sought shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such court.”

Option 4: Choose what law applies

This is approached with a choice of law clause: “By visiting Amazon.com, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Amazon.”

Keep in mind that a state attorney general can still bring a case against a company with choice of law and choice of selection clauses. The clauses don’t apply to state attorney generals, just consumers.

Option 5: Stay out of court

Have an arbitration clause. This is often a quicker, cheaper way of resolving a dispute compared to litigation in court.

Terms and Conditions

It’s a best practice to make users affirmatively agree to the terms and conditions before the sale. A court will consider if there was a real agreement. Did the consumer look at the terms and agree to them. Checking the box is almost ironclad.

Affiliate Sales Tax

Avoid affiliates in states with sales tax requirements. But you may not want to cut out states like CA and NY because you’re ruling out a number of affiliates. Mark thinks that more and more states will adopt affiliate sales tax.

Cease and Desist Letters

Before you send it, think twice. You’re opening yourself up to being sued in that state. File a complaint first and then hold off on serving. Having a first-filed litigation could give you the upper hand if the person brings an action against you. Your filing will go through first.

Read the original here: 
Electronic Contacts and the Long Arm of the Law