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pavisnet
08-27-2001, 02:24 PM
Mom and Pop have a business... say a small hotel in central NY state. They rent a server. They buy the services of a web site designer to put together a site that talks about what a cozy hotel they are right next to all the skiing, etc. and encourage people to make reservations with them.

They pay money to looksmart, msn, yahoo, etc to get the link to their website,(their own on-line advertisement bought and paid for), linked with the appropriate directories.

Essentially they have bought and paid for an online advertisement just as they might buy a TV commercial, radio commercial, a yellow pages ad, an ad in a newspaper, a brochure, etc.

Along comes "Smart tags", "toptext", and
other forms of software. They sell keywords like
"hotel" and "skiing" to the top bidder.

They then give away their software so that mom and pop's bought and paid for advertisement now has the ability to take mom and pop's "paid for" traffic away from their bought and paid for "ad". Because now we can, with this wonderful software, (and without mom and pop's permission,) use mom and pop's own property to encourage people to stay at some other (the highest bidder's) hotel and ski some other place (the highest bidder's) that may not even be close to mom and pop's hotel.

Mom and Pop not only have their website
"stolen" (that IS the term used when someone take's someone else's property without permission) but, what's worse...
THEY ARE PAYING TO HAVE IT STOLEN FROM THEM, BECAUSE THEY ARE NOW PAYING FOR THE HOSTING, DESIGN AND MARKETING OF AN AD THAT PROMOTES THEIR COMPETITION.

The content of their ad has been changed by an outside source using mom and pop's own "ad" (i.e Website) as the vehicle to move their own potential customers elsewhere.

There is absolutely no justification, legally, ethically or morally for this type of theft.

THAT is the issue with this sort of technology. THAT is the essence of the idea that needs to be communicated.

It does NOT matter if I have downloaded TOP TEXT as a matter of choice.

It does NOT MATTER that we have the technology to do this stuff.

Basically,
If someone overwrote mom and pop's radio ad there would be lawsuit and damages.
If someone overwrote mom and pop's TV commercial there would be lawsuit and damages.
If someone did the same thing to mom and pop's
yellowpages ad there would be lawsuits and damages.

I would suspect that if mom and pop were aware of it in these terms there will be some very large class action suits initiated and some very large damages paid by any and all companies using their technologies to subvert the advertising mom and pop paid for.

I would also suggest that perhaps this may be the only way to stop this.

Scuba
08-27-2001, 03:06 PM
I have said it befor in the past, the first time i have heard about this smart tags technolagy and such.
If I create a Web site and some one use such a technolagy to "Change" words into tags or somthing similar - i will concider that as:
1. Copyright theft.
2. Hacking.
It does not matter how it was done.
Any body that provide such a service - if it's for advertisers or a program you can install - i will concider him as such and i am preaty sure he can be Suit.
If it's a service - Copy right
destributing software - destributing iligal software that "Hack" the site - not on the server but on the way from the server to the monitor.

You only need one good law suit in order to stop this type of Trash on the net.

Chief
08-27-2001, 11:42 PM
Mom and Pop have a business... say a small hotel in central NY state. They rent a server. They buy the services of a web site designer to put together a site that talks about what a cozy hotel they are right next to all the skiing, etc. and encourage people to make reservations with them.

This is the best description I've seen of this problem.

Click Here!