February 20th, 2014.
Google seems to have mutated into some kind of mutant King Sidam. Everything they touch turns to old (news).
Ask Joe Public who he thinks the leader of modern technological advances are and chances are he’ll say Google. And he’s probably right. Then why can’t Google seem to get it right when it comes to launching new products?
I’ll tell you why. But first I need to explain I’m not talking about Google’s acquisitions. They buy a new company every day. Whether it’s Motorola or Boston Dynamics (of terrifying Big Dog fame), they make strategic purchases to position themselves as market leaders in technology. Whenever they buy a company the ensuing press coverage surely boosts that company’s profile. That’s not their problem. Their problem is in launching new products.
First announced in 1901, Google Glass has been in tech news every 5 seconds ever since. You can’t move online without someone mentioning Google Glass. This isn’t the results of Google’s PR team though, it’s just because bloggers are lazy. They’ll write about anything that they think will generate page views. These posts are predictable and pernicious to Google’s overall success. Mostly they’re speculative or fluffed up with rumour, so by the time the real announcements come along we feel like we’ve heard it before.
Bloggers writing about something is one thing, but are people interested? According to Google’s own trend data, apparently they’re not.
Compare this with the pageantry and sense of mystery surrounding other tech announcements. Apple hold a massive conference every year to announce their new products. This occurs a few months before the official launch, fuelling discussion until the actual launch. Here is proof:
The same applies to the PS4 and XboxOne.
You could argue that this is an unfair comparison since these products had an existing market and Google Glass hasn’t been launched yet. I would contend that there is an existing market for Google Glass, but they’ve shown their hand too early. There’s no mystery and no awesome features for us to get excited about. Just a load of pictures of pretty people wearing obnoxious eyewear. And Sergey Brin beginning his transformation into Robert Downey Jr.
Remember Google Helpouts? Don’t worry. Neither does anyone else…
Basically it’s a peer-teaching platform where you can teach (or learn) through video calling. The learner pays the teacher for their time and everyone’s a winner. Except Google, who forgot to do any marketing…
It’s a good idea in theory. The main problem is people can use Google’s fairly well-known search engine to find free answers to their questions for a dash of the time, effort and cost of using Helpouts.
Consider Helpouts as a start-up (one with a billion-dollar backing, but a start-up all the same). Most successful Start-Ups use a growth marketing model. They start out small and build their exposure as interest and logistics allow. It seems like Google just launched their platform and hoped for the best.
Here’s a comparison with a red-hot start-up called Ranku (for finding free degree courses). Other than offering an entirely unique and useful service, Ranku has the benefit of not being called ‘Google CourseSearch’. I’m of the opinion that ‘Google [anything]’ is starting to feel a bit stale. People like to talk about fresh new ideas more than ‘Look what Google is doing now…’
Google Helpouts also sounds criminally like Google Hangouts. To the point where I typed the wrong one about 4 times when writing the preceding paragraphs. Hangouts feels like Google arriving late to the party (about 11 years too late…)
Speaking of being late to the party:
Ray Liotta says it best:
Or, as Google put it:
I think Google+ might be the exact moment Google’s PR went a bit wrong.
A social network that offers entirely no benefit over its rivals is a stupid idea to begin with. They’ve tried basic marketing, they’ve tried reasoning with us, they’ve even tried forcing us to get involved. The fact is, people don’t want it.
Like Vinyl, Betamax, DVD, and Blockbuster, there’s just no need for it. At all. Like actually no need whatsoever.
The PR campaign here just seems to be some kind of war of attrition. Google won’t admit defeat (I guess 300 million ‘users’ can’t be wrong), so they’ll just keep flogging a dead horse. After all, they have YouTube and Gmail – properties their rivals at Facebook and Twitter can never even hope to emulate. All the same, Google+ is a a fart at the proverbial shit fight.
It’s all about the Billions
You could argue that these losses of interest are negligible in the overall scheme of things. Google still has its crafty little fingers in pies of every flavour – so why does it matter if a couple lose money?
That’s just bad business. Why do something if you’re not going to do it right? Google has the reach, the money and the talent at its disposal to turn virtually any idea into a profit – it’s just about finding the right market (i.e. not launching your rocket into space and hoping for the best). This hit-and-hope mentality needs to change.
We hear a lot of rumours about Google’s self-driving car. Here’s what they need to do to ensure PR success and sustained interest:
1) Don’t drip-feed us with non-news stories about what colour the steering wheel might be, or pictures of pretty people in the passenger seat.
2) Don’t market it as something instantly lame like ‘Google Drivecar’. Give it a cool modern name that we won’t shudder to hear.
3) Create mystery and speculation around it. Talk about the crazy things it can actually do. Design elements are not cool functions.
4) Have a launch event where you tell everyone the same thing at the same time. Make it awesome.
5) Make sure all the marketing is as cool as this (it actually makes us get goose bumps about the possibilities):
(Just don’t use Oscar Pistorius…)
6) Watch this Ted talk. It’s about focussing on why a product is great rather than just what it does.
And if all else fails, you can make an infographic about it.
If you don’t work at Google but you want to talk about an online PR strategy for your company, give me a call.
We’ve been making infographics as a linkbuilding method for our clients.
If you don’t know why, see here.
Last week we launched a new piece for our friends at Love Reading. We’d researched the crimes committed by the most popular children’s book villains and worked out the sentences they would have received in a European court.
You can take a look at the piece here.
Long story short, the infographic came to the attention of The Times and they ran the research on page 3 of the Saturday edition. They mentioned the client’s site (and provided a link in the digital edition).
A testament to the power of infographics.
If you want to talk about an infographic for your brand, give us a call.
I ran an experiment last year. I had a website with no blog. It had lots of pages on a niche topic, but very few readers. I installed a blog and began posting once per month. In a year, the traffic doubled – (I’ll admit it increased from ‘barely perceptible’ to ‘quite unremarkable’, but you can’t argue with the numbers).
The massive spike around April 2013 was from some experimenting with paid discovery. The second, smaller spike was a particularly controversial blog post.
I think this settles the argument once and for all: A regular content schedule is a sure-fire way to get traffic.
I know what you’re wondering – ‘How does this affect me, the business owner?’
Well, business owner, I’ll tell you.
It means that you should be publishing regular content on your site if you want people to be visiting it. But as a business owner (or marketing manager) you’ll be plenty busy enough with all sorts of other concerns – do you have time for creating a content marketing strategy too?
You need to be producing content – that’s a fact. It’s a thing you can’t deny. I create content for 30 clients – I use the ‘DEAL’ system, from Tim Ferris (author of The Four Hour Work Week):
Define, Eliminate, Automate, Liberate.
Define the sort of content you need. I daresay you won’t go far wrong with one blog post per week and one infographic per month.
You’ll also need to consider sharing and seeding the content as it’s produced. This can be done via the regular social networking channels, but also on targeted interest sites via email outreach.
All of these things take time – hours and hours of time. But only if you do them all yourself…
Remove any unnecessary steps in the programme. Don’t waste your time getting bogged down with trying to design things yourself or write blog posts yourself – there are plenty of people in the world who will do it for you in exchange for money. They are called freelancers and are readily available online.
Think about what you really need to do for the job to work. In fact, I’ll do it for you – you need to come up with content ideas and you need to check it, then post it. The rest can be done for you.
Automation is achieved by setting up a system that handles the tasks for you. In essence, you feed the machine with briefs and it comes back with content. Online freelancing services exist purely to make your life easier, and they’re really great.
My favourite freelancing sites include:
O-Desk is very useful for finding people to do basic tasks – data analysis, basic research, number crunching etc. I use O-Desk for jobs that are too time consuming to handle myself. For example, if I was trying to make an infographic about football transfers (which I am), I’d post the job on O-Desk and find someone more capable and efficient than me to handle the research and analysis while I concentrate on planning the next infographic.
O-Desk also allows you to create teams of people to handle larger ongoing projects. It’s efficient and easy to manage and provides a screentracker so you can make sure your freelancers are staying on task.
Do note, however – O-Desk has a very high number of have-a-go-heroes. They aren’t necessarily qualified in a given field, so although they are competent, you can’t expect them to do more demanding tasks. For basic stuff though, it’s ideal.
Textbroker’s site is fairly basic in functionality, but it focusses solely on copywriting so it’s far more targeted. Prices vary based on the writer’s rating (out of 5). I’ve found some really fantastic writers on Textbroker, but also some absolute stinkers. Usually I have to edit a few things as it’s easier than sending it back for amendments, but it saves a lot of time.
Good copywriters also tend to be good researchers. They’re generally more able to follow a complex brief than their counterparts on O-Desk, so you can offer them more in-depth projects to research.
People Per Hour – covers pretty much every digital-based job, but I use it for designers
PPH is more useful to me than some of my own body parts. I can post a job at 9 in the morning, receive proposals and have the job in the bag before I go to bed that night. People Per Hour has the benefit of knowing where your freelancer is located, so you can target areas that are likely to have more qualified personnel.
For instance, in searching for a designer, Europe has more reliable design schools than other parts of the world, and by choosing someone in Britain I can guarantee we’re in the same timezone, language and operate on the same working hours. It makes the tasks much more manageable.
The site is really fun. You could spend hours looking at the fantastic artwork and designs people come up with. It costs a lot as it’s targeted solely for design and membership is by invitation only so the vetting process is quite thorough.
Hiring works like a traditional jobs list – you post your jobs and people apply.
It is possible to contact the designers for one-off work, but generally they know the value of their work so be prepared to pay for it.
You need to get your content in front of people. Using services like O-Desk will be futile as the workers tend to take the easy option, and language barriers often mean briefs are misinterpreted. People Per Hour is better as you can find people with proven experience who can provide you with a list of relevant sites to contact with a view to posting your content.
Seeding is an essential part of the content process. Making sure your content appears in the right places and in front of the right people is undoubtedly going to reap its own rewards. By building lists of relevant sites to post to, you can automate this process and make sure every piece of content is placed in front of the influencers, sharers and promoters you need.
If you’ve got a bit of budget, you might also consider paid promotion on social media. ‘Boosting’ a post on Facebook, or StumbleUpon’s paid discovery service guarantee the content will be exposed to more people. However, the content needs to be useful and relevant to the audience to gain more traction. If it’s not engaging, people won’t engage with it (click/share etc.) and you’ll have wasted the promotion budget.
As you practice and refine this process you’ll find yourself free to do other things for your business. You’ll be free to chase new clients and more work, and the best part is, you won’t need to do any more work yourself – the system can handle it!
You’ll notice I didn’t mention anything about idea generation – that’s because I think idea generation is the one thing you shouldn’t outsource. You need to make sure your content is completely suitable for the purpose, and you can have a lot of fun coming up with new ideas.
One of the biggest problems facing Content Marketers is how best to represent ‘The Brand’ when developing engaging content.
I’ve got a newsflash for you:
YOU DON’T HAVE TO!!!!
In fact, I’d go even further and say you should always try to move away from your brand when building content. The less ‘advertorial’ the content is, the more engaging and sharable it will be.
Far be it from me to tell you your brand is boring, but unless you own a company that makes Star Wars costumes for cats, the internet won’t care what you have to say.
The best content is the stuff that:
- Fills a knowledge gap,
- Answers an important question, or,
- Gets people worked up into a frenzy of commenting and sharing.
You need to ask yourself one important question when planning your content:
Who Will Find This Interesting?
The best answer to this question is ‘Everyone’. You need to ensure maximum appeal to encourage maximum sharability. You need to be getting your content in front of high authority websites and bloggers. If they see the value of the content, they’ll be more willing to use it and provide you with that all-important link. You will never, ever, ever be able to trick people into posting an advert for your website. That’s just not how it works. However, if you’re offering something entertaining or useful that they can reuse to their advantage, they’ll be much more willing to promote your brand.
Here’s a nice thought experiment to explain what I mean:
You’re at a festival with two stages. On one stage, a man is stood talking about the history of his company. On the other stage, a man is riding a lion and juggling swords while a penguin tries to shoot an apple off of his head with a revolver. Who do you think would draw the bigger crowd? Which will be filmed and go viral on the internet and which will be ignored?
The internet is the world’s biggest festival. There’s plenty of content out there, so make sure yours stands out.
I know what you’re thinking: ‘But, Joe! My brand is interesting. I’m offering something unique and my clients love it’. That may be true, and it’s a great system for driving sales. Unfortunately, web content for the most part isn’t about driving conversions – it’s about promoting the brand, building authority and increasing engagement.
I’ll agree your brand probably is very interesting, but I guarantee you’ll find your content more successful if you focus on using your unique industry position to inform your content, rather than define it. I’ll bet you’re sitting on a goldmine of insider information that would be perfect for filling knowledge gaps or creating a useful resource. Everyone has some information lying around – whether you’re a travel company with a great knowledge of the most beautiful places to visit in Europe or a rug manufacturing company with an insight into the psychology of rug design. Put a spin on your data and make it as interesting as possible.
Here’s a takeaway list of things to remember when planning content:
Interest: You need to make it interesting. Make sure nobody will be saying ‘So What?’
Emotion: Getting people worked up on a human level is a surefire way to increase engagement. Happiness and funny content are well shared, but (I’ll let you in on a secret…), making people angry is the best method. The more furious people get, the more active they become. That’s how the Daily Mail is so successful (See Matt’s post: ‘Why the Daily Mail became the world’s most read newspaper‘)
Topical: Try to tap into a current trend on Social Media or in the news. If you can give it a new slant, all the better.
Usable: Usability is a hugely beneficial trait of online content. If people think their friends might find it helpful, they’ll send it to them. Life Hacker is a fine example of this in practice.
In summary: sometimes it pays to step away from your brand a little in the name of creating good content. Especially on the internet.
Take a look through our Complete History of Viral Content and apply this criteria to see why things were successful.
October 10th, 2013.
Those of us interested in how search engines work have been talking this week about ‘Hummingbird’. Not the hollow-boned, nectar-loving tweetie-pies; rather Google’s newest and most revolutionary search engine algorithm in quite some time.
You’ll likely have heard of ‘Panda’ and ‘Penguin’. They were algorithmic updates which supposedly made the search results better. Unlike their counter-parts in the animal kingdom, they weren’t cute and they didn’t make for good YouTube videos; but they did improve the quality of websites and the practices of SEOs.
‘Hummingbird’ is a different beast entirely. Far from being an update to an existing algorithm, it’s an entirely new feature which shows Google’s desire to move searching away from ‘Keywords’ and towards ‘Semantic Searches’. They’re approaching what they call “conversational search”
In 2001, you may have searched for:
‘CINEMA + TIMES + LONDON + AVENGERS’
And you may have been presented with an article from The Times about a new movement of filmgoers in London who are avenging the demise of arthouse productions.
But search isn’t like that anymore. People search more or less how they talk, so searches are more like:
‘Cinema times in London for The Avengers’.
And the rise of voice search on mobile devices means people will try to search:
‘What time is The Avengers playing in London?’
Words like ‘how’, ‘what’, ‘when’ etc. now have a value in Google’s searches. They want to give the most accurate response to your request.
What does that mean for website owners?
As a website owner you’ll need to be improving the information content of your site. Undoubtedly keywords will still matter, but since Google is now holding keyword data to ransom, the best thing you can do is improve the quality of your on-site content. This also means you can stand out in your industry – if you’re the world’s authority on Playstation Game Artwork then make sure you can answer questions like ‘Who designed the GTA 5 artwork?’.
‘Hummingbird pays more attention to each word in the query, ensuring the whole query is taken into account – so if a resulting page is a bit less strong in general, but it’s the most relevant to your search terms, that’s the result you’ll get.’ – Google, as told to The Register.
People are asking questions. If you’re equipped to answer them then your site should reflect that.
Personally I think this is a step in the right direction. The internet is becoming more personal, so responding to the intricacies of language is more essential now than ever before. It makes far more sense to work out what people mean rather than just responding literally to the words they use.
June 25th, 2013.
All of the briefs we’ve received this year have included a request for a ‘mobile version’ of the proposed new site.
But what does this mean? And do I hear the creak of an overloaded bandwagon?
Just as 2011-12 was the year of the Social Strategy [with no specification as to what that actually means], 2013 is fast becoming the year of the Mobile Site.
Yes, it’s true that mobile use is increasing:
Source Monetate E-Commerce Quarterly.
But how should you respond?
People could be accessing your website from any number of devices (such as phones (of all shapes and sizes), tablets (of all shapes and sizes) and even smart TVs (of all shapes and sizes). So, as a website owner, you shouldn’t be asking whether you should be considering mobile options, you should be asking which mobile options to consider – or shock-horror, opting to do nothing.
So there are 4 main options available to you. Each has its pros and cons, so let’s get the run-down:
#1 Responsive Web Design
What is it?
In a nutshell, this is designing your site so that its layout responds to the device on which it is being displayed..
- Streamlined: The site is hosted on the same domain and uses the same URL so there are no SEO issues or redirecting issues.
- Consistent with Desktop Content: The same content is just presented in a different layout.
- Low Maintenance Cost: Although initial build costs may be slightly higher, the cost of maintenance and updating should be lower (as you are only maintaining one site).
- Slower Loading Times – If you are adapting an old site to a responsive site you may find that it is not fully optimised for mobile and is slow to load. However, if you are building a new site and taking a ‘Mobile First’ approach, this shouldn’t be a problem. But 3G and 4G coverage remains sporadic and unstable – so some content may take time to download.
- General Usability – Mobile users will generally have a goal in mind when accessing a website. Whether it’s buying, reading or checking-in, they may not want to go through the same process as a desktop user. They may expect a stripped down version of the site similar to an App.
- Lack of Mobile Features – You won’t be able to get the same level of integration from a responsive site – features such as camera, photos or calendars.
- Lack of Zoom - if you are used to pinching and zooming into websites on mobile in order to be able to read the tiny text then you will not be able to on a responsive website.
Whether or not to go responsive divides opinion. We’ve been experimenting on our own site with responsive design and generally prefer the regular layout, when viewing on an Iphone. But all sites and companies are different and user needs should be a chief consideration.
#2 Dedicated Mobile Site
What is it?
Dedicated mobile sites are purpose built versions of the original website which are hosted at a new domain address (usually by adding ‘m’ before or after the original address: m.tesco.com or www.argos.co.uk/m/.
The web server normally recognises which device is being used and serves (delivers) the appropriate site to display.
- Different Content – A site purpose-built for mobile will usually have features which can load more quickly on mobile platforms, and you can dispense with some of the superfluous elements found on the desktop version.
- Speedy Development – Compared with alternatives, a mobile site can be built relatively easily. This is less labour-intensive and subsequently less costly than other mobile options.
- Mobile-Focussed – Development for the mobile platform means that navigation and usability are friendlier for mobile users.
- Slower Service – Redirection from main sites to mobile sites takes time. It may only be seconds, but it still damages the overall user experience.
- Double Maintenance – Essentially two sites need to be managed; adding new functionality would need to be done twice.
- SEO Issues – Since the content (and therefore the traffic) is split across two URLs, there’s the chance that your overall SEO will suffer. However, there are ways around this which I’ll outline later in this article.
We built a mobile shop-page for an automotive client. The desktop site’s main focus is selling car parts, so we stripped it down to the essentials to make it easy for mobile users.
#3 Mobile Apps
What are they?
Apps are programs that are saved to the device. They’re relatively small (compared with full websites) and they tend to serve one function (reading articles, shopping, checking-in). They can be a useful way to allow mobile users to access one of your site’s main utilities, or to promote your brand (with a game or similar App).
- Completely Mobile Friendly - Apps have the distinction of being native to the device, so they can access and utilize any of the phone’s capabilities (Camera, Calendar, Maps etc).
- Offline Options – While some Apps require the internet to function fully (social platforms), many others can operate offline, or cache data when an internet connection is available ready for when one isn’t.
- Quicker Loading Times – Since the App is self-contained, loading times should be quicker. Of course this depends on (and is limited by) the device’s memory and processor power.
- Push Notifications - Apps have the ability to update you with the things you need to know. Such as when you receive a new friend request on Facebook, or when you’re near a public toilet.
- No Cross-Functionality – Apps are made for specific platforms. iOS Apps will work on iphone or ipad, but will not be usable by Windows devices – or any non-Apple devices for that matter. This means Apps must be developed for each platform, which is expensive.
- Updates – Apps need to be constantly updated and tweaked. This is in terms of both user-feedback and changes to the device. This can be time-consuming and costly.
- Downloading – Apps have to be downloaded for use. Success in the App world may require considerable marketing and promotion.
We’ve applied appropriate aptitude to developing an App for a company that focusses on standardised testing. The App allows mobile users to practice the tests wherever they are.
The 4th Option
So those are your three options regarding adapting to mobile. There is of course a fourth option and that is that of doing nothing. Most website operate perfectly satisfactorily on mobile and indeed users who know your site will welcome the fact they do not need to relearn where everything is on the page and the new navigation options. This is a strong argument for keeping the status-quo which is not receiving enough credence now that the dash for “mobile first” has been triggered in marketing departments.
So in conclusion beware of the bandwagon, think about the implications before you jump. If someone says “Mobile first” to you ask them what they actually mean and what they want to achieve.
If you would like any more information, please get in touch.
And as a special thank you for reading this far, I’ll now present a guide on how to optimise mobile sites for SEO in the form of a Shakespearean sonnet:
You’ve built two sites; one desktop, one mobile,
But now you’re concerned that your traffic’s split,
And now you’ve come to visit Datadial,
To fix your SEO a little bit.
There are two points that must be mentioned here,
Two tags to put in your HTML,
(On each version of the page – let’s be clear)
They are two tags, and they both start with ‘Rel’.
Rel=”alternate” on the desktop
Make sure it points to the mobile and all…
And pointing back, just so it doesn’t flop
On mobile: Rel=”canonical”
But other things cannot be avoided.
Like linking to mobile, just like I did:
So basically add some links in the HTML of each page that look like this:
Desktop: <link rel=”alternate” href=”http://m.example.com/page-example”>
Mobile: <link rel=”canonical” href=http://example.com/page-example>
If you like crime stories, you’ll love this. ‘True Crime: Hammersmith’ is the story of a deranged criminal organisation (Datadial) and the ensuing legal battle to stop it.
Chapter 1. The Best Intentions.
On August 17th, 2010; the world was rocked to its core when the Datadial blog posted an article titled ‘Increase Conversion rates – advanced techniques’. Of course, it all seemed fairly innocuous. A simple review of tools to help increase conversion rates on your website. The article named several companies and their websites and praised them for their techniques. Indeed, one man even thanked Datadial for the mention! Clearly Mr. Eames didn’t realise that he was just a pawn in one man’s cruel game; the likes of which the legal world has never seen. …until now.
Chapter 2. The Worst Intentions 17th April 2013. Almost three years later. An email is sent from Fox Williams LLP to the author of the article and owner of the website, Mr. Robert Faulkner. The email was sent on behalf of Fox Williams LLP’s client, Shopzilla.co.uk. You’ve probably heard of Shopzilla. According to their Trade mark List of Goods and Services (which was supplied in the email) they specialise in: ‘Promoting sale of goods and services of others; Internet consumer comparison shopping services; providing ratings and reviews of businesses and products and services for use by consumers; providing databases containing commercial information relating to products and merchants’. As it transpires, Shopzilla had been mentioned in Datadial’s article all those years ago. Right at the bottom. As an honourable mention, as recognition for their online service. Shopzilla had finally gotten wind of the article, after all that time; and they did the only thing any self-respecting company would do. They contacted their solicitors to have the link removed. Chapter 3. Motives Why did they want the link removed? Why indeed. Allow me to reprint the grounds of the legal action and analyse each point in-depth:
- Trade Mark infringement
- Causing detriment to the distinctive character of the Trade Mark;
- Causing detriment to the reputation of the Trade Mark by creating an undesirable association with the Infringing Website; and
- Taking unfair advantage of the goodwill attached to the Trade Mark.
Now… as I’ve mentioned, Shopzilla is legally defined as one that “provides ratings and reviews of businesses and products and services for use by consumers”. It sets itself up as one. That is the legal definition of Shopzilla. If acknowledging this definition is ‘detrimental to the distinctive character of the trademark’ and it creates an ‘undesirable association’ I daresay they might need to have a brand re-think. I wasn’t sure exactly what ‘Goodwill attached to the Trade Mark’ meant. Suing for a mention of your brand doesn’t seem like an act of goodwill to me. I have since looked up ‘Goodwill’ in legal terms and it pretty much means ‘the right to do business without direct competition’.
Basically not stealing other people’s business. (If anyone has a better definition, I’d welcome it in the comments). I’m not quite sure how praising a company prevents it making profits; but I’m fairly sure Datadial didn’t steal any of their market, or any other products that Shopzilla recommends on its site.
As requested, I’ll provide an account of the profits Datadial made through the use of Shopzilla’s name alone:
£0, 000, 000, 000, 000, 000, 000, 000
We’ll happily share in these profits with Shopzilla. It’s only fair.
2. Passing off [Fox William’s LLP’s] client’s goodwill Our client has invested significant time and money in developing the Shopzilla® brand making it instantly recognisable amongst the public as a trustworthy and reputable online comparison shopping engine. It is highly likely that the average consumer will be confused, believing that our client is in some manner connected with the Infringing Website, either through ownership and operation or through a commercial relationship or endorsement with the operator of the Infringing Website. Such connection is causing our client damage. As such, your use of Shopzilla® in this way constitutes passing off.
I had to open my legal dictionary again for this one. Basically ‘Passing off’ means creating an undue association between two parties, specifically one claiming undue association with the goods sold by another company. I’d like to state unequivocally that Datadial’s use of a link congratulating Shopzilla® on its use of product comparison is not an attempt to gain an association with Shopzilla® or any products sold or compared on Shopzilla®’s website. It would be interesting to see if Shopzilla® could provide proof that Datadial has stolen any of its business.
3. Copyright Infringement The use of the Infringing Website of text and graphics taken from our client’s websites is an infringement of our client’s copyright. You have copies and communicated the copyrighted work to the public through the Infringing Website. The use of the copyrighted work has occurred without the consent of our client, the copyright owner. We put you on notice that any continued use of our client’s text and/or graphics (in whole or in part) on the Infringing Website will constitute and infringement of our client’s copyright. This is without prejudice to our client’s position that you already have the requisite knowledge to establish such liability.
I was totally on-board until the last sentence. Even my module in Forensic Linguistics couldn’t have prepared me for that. I guess they’re suggesting that because Shopzilla® is a well-known website we should know that everything on their site belongs to them.
If Fox Williams LLP is reading this, I would recommend visiting The Plain English Campaign’s site. I’ve provided a link so you know what I’m talking about. . http://www.plainenglish.co.uk/ I hope they don’t sue me…
Legalese notwithstanding, Datadial hasn’t stolen any content from Shopzilla®. Neither text nor images have been used. Shopzilla®’s name wasn’t even used. It was a link via a URL, and you can’t copyright a URL. And even if you could (WHICH YOU CAN’T) it was a mention in a review so it’s fair use! What’s even more confusing is that Shopzilla appears to have sold out on Point 6 of its own philosophy:
‘Information is Empowering: Share it Wherever Possible’.
Chapter 4. Reasons. So far as I can tell there are no legal grounds for removing a hyperlink. We have been advised by Fox Williams to seek legal advice, so I am hoping the readers of this article can offer some help. Fox Williams have not mentioned that this is a link clean-up operation; and surely they would have gone down the normal route if that was the case. If they’d sent us a polite email asking for the link removal, we would have explained that since we have a reasonably high domain authority of 50+ the link in question would likely have little effect on their rankings and it’s 3 years old anyway so any effect would have been discounted anyway…etc As a precautionary measure we have taken down the link, as requested. If anyone has any thoughts on why Shopzilla wanted this link removed so badly, please share them here though keep it legal! Chapter 5. A riposte. Datadial is not a law-firm, but it is an internet marketing agency. We know how to use Google. Upon receiving the email, we took to the web to find out all we could about the legalities of Hyperlinking. Here are some insights into the subject as documented by Out-Law.com.
- “…hyperlinks do not transmit a work, (to which they link) they merely provide the viewer with information as to the location of a page that the user can choose to access or not. There is thus no communication of the work.” (source)
- “Just as an improved search-engine that improves the ability of users to locate material for which they are searching should not be required to obtain permission as a matter of copyright law, so providing links or access to material already publicly available should not be regarded as an act that requires any authorisation” (source)
- “every internet user enjoys access to the work simply by learning the uniform resource locator (URL) the court held. The hyperlink technique obviates the need to enter the URL manually and merely provides an easier and more convenient way to use the internet.” (source)
- “Kranten.com successfully argued that such deep linking to other sites is a widespread and commonly accepted practice on the internet and because, as in UK law, news articles can be copied for the purpose of reporting current events, provided there is sufficient acknowledgement.” (source)
The author of the original article has never been in trouble with the law. He’s an honest man who does business by the book. You can imagine his upset when he received the original letter. Faced with the fear that he would spend the rest of his life in prison, he considered transfering all of the company’s money to The Battersea Cat’s Home, and move to a Tibetan Monastery. However, he quickly rationalised the situation and sat down on his sofa with a glass of wine and a Twix. Since Shopzilla® and its lawyers are solely responsible for causing an undue amount of stress, it only seems fair that they reimburse him for the glass of wine and Twix. Twix: £0.80 Glass of wine: £2.40
Chapter 5. Prologue.
Shopzilla’s VP has come forward to apologise for the misunderstanding. The apology is in the comments below. They acknowledged that it was a mistake and said they were sorry it happened. I guess we’re not being sued anymore!
We just received a courier delivery…
I wonder what it is…
Well, how about that! A bottle of Red Wine and a box of Twixes. Thanks very much Shopzilla!