Did The FTC's New 'Blogger' Guidelines Just Change The Way All Book/Music Reviews Must Be Conducted?

from the just-wondering dept

A bunch of folks have been sending in the fact that the FTC has (as was widely expected) approved new rules on "endorsements" or "testimonials," including a section on bloggers or "word-of-mouth marketers." The end goal here is definitely admirable, but I question whether or not this ruling really makes sense:

The revised Guides also add new examples to illustrate the long standing principle that "material connections" (sometimes payments or free products) between advertisers and endorsers -- connections that consumers would not expect -- must be disclosed. These examples address what constitutes an endorsement when the message is conveyed by bloggers or other "word-of-mouth" marketers. The revised Guides specify that while decisions will be reached on a case-by-case basis, the post of a blogger who receives cash or in-kind payment to review a product is considered an endorsement. Thus, bloggers who make an endorsement must disclose the material connections they share with the seller of the product or service.

Again, the concept is definitely admirable. There's long been a fear that companies are effectively bribing people with free stuff in order to get good reviews, and the FTC wants people to reveal that info. But... does that really make sense? It seems to me like this could just create a totally unnecessary minefield for anyone who blogs. And why is this focused on bloggers and word-of-mouth marketers? Almost all book and music reviews in the mainstream press involve the books and music being sent for free - and there's never been any question of impartiality of most of those reviews -- but why are they now left out of these rules? Is every blogger who reviews a book going to have to disclose where they got it? What about music? Many music bloggers are sent mp3s by the record labels. Do they need to reveal who sent them stuff? Does that really matter?

The real question, from my standpoint, is whether or not the FTC is really needed here. If someone is constantly blogging positively about stuff they get for free, they put their own credibility at risk, as people realize that the products aren't actually very good. It seems like the type of situation that sorts itself out. Those who are constantly pushing products for questionable reasons hurt themselves and soon no one trusts them. Does the FTC really need to be involved in that process? In the meantime, I'm suddenly glad that we don't do reviews on this site for the most part. I do occasionally mention or review books, but I guess I'll have to mention when I buy those books vs. when I'm sent them for free (it's about 50/50), which seems pretty pointless.

52 Comments | Leave a Comment..

Remind Me: Why Do We Let Patent Lawsuits Go On Even As USPTO Has Doubts About The Patents?

from the shouldn't-things-wait? dept

While plenty of people are familiar with the fact that NTP got $612.5 million from RIM in a patent dispute a few years back (which drew tremendous scrutiny into the realm of patents), one of the most interesting details that many people didn't follow was that at the same time as the lawsuit was going on, the US Patent Office was re-examining those same patents, and issuing rejections of the very same patents. Despite the USPTO even rushing to announce its problems with the patents way ahead of schedule, the judge chose not to wait for the final rejections and pressured RIM into paying up.

This sort of thing happens all the time.

For example, just weeks after TiVo was practically dancing in the streets over its latest wins over EchoStar in a patent dispute over basic DVR functionality, the USPTO has given an initial rejection on some of the claims at issue in the case. While TiVo is quick to downplay this as just the first step in a long process (which it gets to respond to), it's being a bit misleading in suggesting that this sort of thing happens all the time. Sure -- it happens a lot, but to questionable patents. It seems that, if the USPTO has agreed to review a patent and clearly the examiners have serous questions about the patentability of certain claims, shouldn't any lawsuits that hinge on those patents be put on hold?

22 Comments | Leave a Comment..

Fox Fires Columnist For 'Reviewing' Leaked Copy Of Wolverine

from the calling-more-attention... dept

Last week, we discussed why it looked like movie studio 20th Century Fox was overreacting to the leak of a workprint copy of the upcoming movie Wolverine. The studio could have easily used the leak to get good publicity. Instead, it's freaking out and rushing around trying to blame everyone. The latest person caught in the crossfire? A columnist for Fox News who downloaded the leaked copy and wrote a review... Since both 20th Century Fox and Fox News are owned by News Corp., the studio flipped out and the writer, Roger Friedman, has supposedly been fired. For what? For actually admitting that the movie was out there? It's not like it hasn't been all over the news. For calling more attention to the fact that the movie can be downloaded? Firing Friedman seems to be getting a lot more attention than the review actually did. Once again, just because you have the legal right to do something about infringement, doesn't mean it makes any sense. Here's yet another case of a Hollywood studio letting its legal rights override common sense, and because of that, it's harming its own reputation.

23 Comments | Leave a Comment..

Amazon's One-Click Patent Fix Rejected Again... for Now

from the back-and-forth dept

The back and forth over Amazon's infamous one-click patent has gone "back" again. Back in October we noted that, after many years and a few false starts, the USPTO had rejected a bunch of the patent's claims. However, as we noted at the time, the process was far from over. Patent reviews are a ridiculously complex process that take a hell of a lot longer than they should, and involve a lot of back-and-forth, often with many "non-final" rulings that go back and forth before anything is finally established. In fact, Amazon word-smithed the patent and tried to get the patent office to reinstate the claims. Luckily, however, the USPTO isn't buying it and is rejecting the rewritten claims... though, it's still not final. And people wonder why the patent office is overworked and why many people are pushing for a more efficient process to review patents.

1 Comments | Leave a Comment..