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2016-09-29

US Appeals Court: Affiliate Network Liable for Deceptive Marketing

On September 23, 2016, a federal appeals court affirmed a lower court ruling that an online advertiser can be held liable for deceptive marketing content that it did not develop.

By way of background, the LeadClick affiliate network connected third-party merchants with its affiliates to promote the former’s products.  Here, LeanSpa, a core client of LeadClick, sold weight-loss and colon-cleansing products.  Allegedly, the vast majority of traffic directed to the LeanSpa websites originated via bogus news websites with unsubstantiated efficacy claims.

According to the court, LeadClick ratified publisher use of such websites, utilized contracts that required affiliates to [...]

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2016-09-16

Is AdBlock Plus Trying to Extort Money from Advertisers?

Adblock Plus had announced that they would begin selling ads (ironic, right) that they deemed ‘acceptable’ through their own platform.  There had been rumors that both Google and AppNexus would be working with Adblock Plus to sell these ads, but it seems that is not at all the case.

AppNexus published a response to the news saying, “Unfortunately, the information reported in the original article around AppNexus’ involvement in any such exchange is, in fact, incorrect, and a result of an unauthorized announcement from third parties.” The third party referenced is ComboTag, which is an ad tech company that was planning on helping AdBlock Plus to sell their ads.

AppNexus [...]

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2016-09-08

Slingbox Streaming Service Ad Case Dismissed

A complaint filed in July 2015 in the Southern District of New York alleged that, beginning in 2014, Sling Media began placing unsolicited advertisements next to streaming content transmissions being viewed by consumers, without first disclosing in the software license that it intended to do so. Plaintiffs alleged that certain advertisements would disappear if an app was purchased to disable the advertisements, in violation of the consumer protection laws of numerous states, including New York General Business Law § 349.

A New York federal judge has now dismissed the lawsuit. In doing so, the court held that the plaintiff failed to plead facts sufficient to establish that [...]

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2016-09-07

Warner Brothers Reports Own Site As Illegal to Google

Warner Bros’ high-pressure anti-piracy campaign went one step further last month, as the entertainment company named its own website in a list of sites that it believed had illegally infringed on its copyright. While most people can’t get Google to remove anything from their search results, Warner Bros has gone a step further and been mass submitting urls, with obviously no actual research.

Not only was “http://www.warnerbros.com/dark-knight” and “http://www.warnerbros.com/the-matrix” included in the 300 URLs it asked Google to remove from its search results, but also legitimate Amazon and Sky sites.

Warner Bros was using [...]

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