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Navigating the YouTube Safe Harbor: One Year Later (or Netflix Not Chill) February 23, 2018

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One year after presenting “Navigating the YouTube Safe Harbor” at the 2017 SxSW 2017 Music Festival with Kelly Klaus, John Tehranian and David Schelzel, I find that the SxSW organizers have posted audio from our presentation on SoundCloud.

(Thanks, SxSW!)

Cut to 2018. Former disrupters Netflix and Amazon Studios have aligned themselves with traditional Big Content to sue the makers of Dragon Box and Tick Box for their online streaming devices. The complaints rely in part on the marketing language used by the defendants.

On February 13, 2018, Tickbox stipulated to a preliminary injunction where they agreed to (among other things), not include, provide links to, curate, or create add-ons or otherwise technologically enable third-party cyberlockers or streaming sites that Tick Box knows or has reason to know transmits pirated content. (Internet Explorer, Google Chrome, Safari, and Firefox are not defined as such transmitters).

The Dragon Box is at an earlier stage, with no preliminary injunction application filed and no response due until March 5, 2018. Dragon Box’s attorney had some interesting quotes in Ars Technica on the stakes raised by this case, if it does not go the plaintiffs’ way.

Netflix and chill, this is not.

Yes, Bad Publicity: FTC to Crack Down on Celebrity Endorsements August 7, 2016

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Great meeting at the FTC today. Stricter disclosure FTW! Love it : )

Both Bloomberg and Marie Claire broke stories last Friday that the FTC is going to pursue investigation of celebrity endorsements that aren’t clearly advertisements.

The announcement is the continuation of the FTC getting tougher with entertainment-based companies that do not clearly follow FTC Guidelines such as the proposed consent order in the Warner Bros. settlement with the FTC over “Middle Earth: Shadow of Mordor” game influencers with influencers such as YouTube star PewDiePie.

This blog previously reported the “Pony Stars” Disney’s $3 million consent judgment with the FTC over alleged violations of the Children’s Online Privacy Protection Act by collecting the data of thousands of children under age 13 without parental consent.

The FTC‘s interest in extending regulatory probes into the music, gaming and children’s entertainment industries is the writing on the wall that players in those industries need to rethink the old Hollywood adage “There’s no such thing as bad publicity.” If the publicity is paid for, you better tell the public who paid and how much, or else face FTC scrutiny.

On a somewhat related note, more ideas about “How to Act as a Business in a World in Which User Feedback and Reviews Are Critical to Your Reputation and Business” can be found in the presentation that Bennett Kelly and I did for the 12th Annual Stanford 2015 E-Commerce Best Practices Conference presentation on June 8, 2015 with Laurence Wilson of Yelp, Ed Chansky of Greenberg Traurig and attorney Francine Ward.

Slides of the Stanford presentation below:


(Photo Credit: Ted Murphy under Creative Commons license via flickr) Shoutout to my old BlogWorld 2009 panelists on “Sponsored Conversations” Ted Murphy, Jeremiah Owyang, Jennifer Leggio and Wendy Piersall.

StrikeTV October 30, 2008

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Here’s my LAist post on StrikeTV, the internet television network conceived a year ago during the writers’ strike and launched during Digital Hollywood this week.