law

This Law Firm’s Probe Of Corruption In The Ad Business Identifies The Worst Offenders

Source: http://www.businessinsider.com/this-law-firms-probe-of-corruption-in-the-ad-business-indentifies-the-worst-offenders-2012-8

girl, cash, money

Earlier this summer, the ANA commissioned law firm Reed Smith to do ask advertisers about “media rebates” and incentives in the ad agency business.

Media rebates are one of the most controversial areas of advertising. They are, as Reed Smith defines it:

The industry practice of media companies providing rebates/incentives to agencies for referring or influencing client spending towards that media company, and then the agencies not reimbursing those funds to the client …

Rebates are a type of bribe: Media companies pay them to agencies to keep client dollars—in the form of ad buys—coming, even when those dollars may be more efficiently spent elsewhere.

In the U.S., ad executives can go to jail for attempting this. This year, two executives at Aegis’ Posterscope unit pleaded guilty to an accounting scam that, in part, revolved around a sketchy volume discount scheme. In Germany, Aegis president Aleksander Ruzicka also went to prison for exactly this kind of thing a few years ago.

The survey identified how widespread the practice is, and who clients believe are the worst offenders in the business.

Media rebates are common outside the U.S., but 28% of clients said they had encountered them domestically, too.

Television, magazi! nes and outdoor are the industry’s with the worst reputation for the practice. In the U.S.,

The vast majority of marketers believe agencies should not be allowed to keep rebates.

See the rest of the story at Business Insider

Please follow Advertising on Twitter and Facebook.

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Monday, September 3rd, 2012 news No Comments

Encrypting Your Hard Drive No Longer Works Against Federal Prosecution [Law]

Source: http://gizmodo.com/5878709/encrypting-your-hard-drive-no-longer-works-against-federal-prosecution

Encrypting Your Hard Drive No Longer Works Against Federal ProsecutionSometimes common “street smarts” fail you. Like when you ask the guy who’s selling you drugs if he’s a cop. Or when you encrypt your hard drive and refuse to unlock it for prosecutors while citing the self-incriminating clause of the Fifth Amendment.

A federal court judge has just ruled that being forced to decrypt one’s hard drive during prosecution does not violate the defendants’s Fifth Amendment rights. The ruling stems from a case against Ramona Fricosu, who is charged with mortgage fraud. She has refused to decrypt the contents of her hard drive arguing that doing so would require her to essentially testify against herself.

Nuh-uh, said judge Robert Blackburn, citing an earlier ruling against one Sebastien Boucher. In that case, the courts decided that, while Boucher’s encryption password was certainly protected, the information on his drive could be considered evidence in the case and was therefore not subject to the same liberties.

“I find and conclude that the Fifth Amendment is not implicated by requiring production of the unencrypted contents of the Toshiba Satellite M305 laptop computer,” Blackburn wrote in his opinion today. He also cited the All Writs Act, a 1789 statute, could be invoked as well to force Fricosu’s compliance.

Friscosu has until February 21 to comply or face contempt of court charges. Geez, it’s getting to the point that your secrets are better left on microfilm in pumpkin patches rather than on your hard drive. [CNet via The Verge]

Image – Tatiana Popova / Shutterstock


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Tuesday, January 24th, 2012 news No Comments

Nielsen IAG Top Ten Most-Recalled In-Program Placements: Dramas/Comedies

Sex sells … well, sex .. but not much else. Victoria’s Secret was the most recalled product placement on TV — fortunately they sell products related to what was recalled. Not so sure about the mayo and cell phone.

Source:  http://adage.com/madisonandvine/article?article_id=143808

Rank Brand In-Program Placement Description Program Airing Info Recall Index
1 Victoria’s Secret Michael interrupts meeting to offer Donna a retail store’s catalog The Office (NBC, Apr 29) 214
2 Ford Cole Austin points to his Mustang and says he still owns it Cold Case (CBS, May 2) 190
3 Skype Joyce tells Benson and Stabler that she talks to Andrew online Law and Order: SVU (NBC, Apr 7) 183
4 Yamaha Susan explains to Mike that she has inherited a piano Desperate Housewives (ABC, May 2) 181
5 Rolex Provo tells Fin that Jack stole his watch; member of the cooking staff is wearing it Law and Order: SVU (NBC, Apr 7) 178
6 MedTec Name is visible on the ambulance doors Trauma (NBC, Apr 5) 176
7 Toyota Mitchell and Cameron park their car at Charlie’s house Modern Family (ABC, Apr 14) 161
8 Chevrolet Winston drives with Guerrero, who identifies the car as a Camaro Human Target (FOX, Apr 7) 155
9 Porsche Zack asks Nick where he got his car from Accidentally On Purpose (CBS, Apr 21) 152
10 Chevrolet Pres. Hasaan rides in a black SUV after turning himself over to terrorists 24 (FOX, Apr 5) 147

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Friday, May 14th, 2010 digital 1 Comment

The 22 Immutable Laws No Longer Apply

By Augustine Fou, ClickZ, Feb 4, 2010

The habits of modern consumers and their expectations have so drastically changed the landscape into which marketing and advertising campaigns are launched that what held true in the “golden age of advertising” no longer holds true at this, the dawn of the “golden age of the individual.”

In the classic “The 22 Immutable Laws of Marketing,” Al Ries and Jack Trout expound on laws that are rooted in the ability to use storytelling to weave spellbinding brands and evoke emotion-filled loyalty. However, as the balance of power shifted away from advertisers to the people they used to target, the game has changed.

Increasingly, individuals prefer to do their own research rather than just take advertisers’ word for it. Individuals need greater levels of detailed information than can be conveyed in a :30 spot, a one page ad, or a radio spot. More individuals are empowered with information that is likely to have been created by other individuals (e.g., product reviews, blog posts) instead of advertisers.

Read on  22 Immutable Laws no Longer Apply

andressilvaaVERY INTERESTING [ARTICLE]: Click-Z takes on a marketing sacred text: http://bit.ly/ap1Gk7 (via @marcblumer)

ntortorellaThe 22 Immutable Laws of Marketing No Longer Apply http://is.gd/7Pp1Y

mectoronto2nd part in a series dissecting and debunking the book ’22 Immutable Laws of Marketing’- http://bit.ly/cKm1eL 1st part-http://bit.ly/cmhpwh

rdlynchRT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

marcblumerClick-Z takes on a marketing sacred text: http://bit.ly/ap1Gk7

rgrosskettThe 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

detroitredesignThe 22 Immutable Laws of Marketing No Longer Apply (disappointing, since I really liked the book…)http://www.clickz.com/3636379

nobumbling#Marketing as we knew it, no more, read this article: The 22 Immutable Laws of Marketing No Longer Apply http://j.mp/b6NzHv (via @mnm8312)

tkahlowRT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

acfouLike I said, it is better to be better than it is to be first (Immutable Law #1 is False) – http://bit.ly/9VkFge

vismediaRT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd Pretty interesting view of Brands & Marketing.

sofebellReading: “The 22 Immutable Laws of Marketing No Longer Apply – ClickZ”( http://twitthis.com/sqygsh )

LaraMSi hope b-schools are listening! http://ow.ly/14QX8

BrennaEliseReading: The 22 Immutable Laws of Marketing No Longer Apply http://bit.ly/azMzyH

R_OtterstromRT @oliversudotcom: The 22 Immutable Laws of Marketing No Longer Apply – what do you think about this article?http://ow.ly/15xj1

oliversudotcomThe 22 Immutable Laws of Marketing No Longer Apply – what do you think about this article? http://ow.ly/15xj1

acfouImmutable Law 5: Own a word in the prospect’s mind – what’s Apple? great design, ease-of-use, music, or computers? –http://bit.ly/aRfkiY

coopermediaonly“The 22 Immutable Laws of Marketing No Longer Apply” – http://ow.ly/15hQj

connectwithcoop“The 22 Immutable Laws of Marketing No Longer Apply” – http://ow.ly/15hQa

jeetblogThe 22 Immutable Laws of Marketing No Longer Apply – http://www.clickz.com/3636379

dougdavidoff@toddsattersten I had the same feeling about it (http://tinyurl.com/yjye2fl )

dougdavidoff@toddsattersten did you read this: http://tinyurl.com/yjye2fl? Interesting take on applicability of Immutable Laws.

KKilnerRT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

bottreeRT @tweetmeme The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

inggitaRT @durjoy: My pal Augustine Fou @ClickZ skewers the 22 Immutable Laws of Marketing: http://bit.ly/bb8MOd

acfouWhich too-clever-for-anyone, too-over-the-top-sleazy, or too-brand-perfumey-that-it-makes-me-gag ads did u see ystrday?http://bit.ly/aRfkiY

ntortorellaThe 22 Immutable Laws of Marketing No Longer Apply http://bit.ly/9DZhYs

sluuAn interesting blog about how The 22 Immutable Laws of Marketing No Longer Apply http://bit.ly/bb8MOd – (via @clickz)

TechValidateVery interesting read. Classic marketing dogma is not true anymore. The 22 Immutable Laws of Marketing No Longer Apply.http://ow.ly/14QX8

durjoyMy pal Augustine Fou @ClickZ skewers the 22 Immutable Laws of Marketing: http://bit.ly/bb8MOd

TobyDivaaugustine fou looks at marketing thru a social lens & updates ries & trout’s 22 rules http://ow.ly/153oo

IdeafoodARTICLE: The 22 immutable laws of marketing no longer apply. http://bit.ly/kent914 (via @KentHuffman)

AIM2meRT @clickz Immutable Laws of Marketing No Longer Apply http://bit.ly/bb8MOd but don’t forget the basics http://bit.ly/bmIIDF

acfouImmutable Law 3: advertisers often misinterpret that they can buy their way into the prospects’ minds by shouting loud http://bit.ly/aRfkiY

andressilvaa@warpx These Marketing Laws are very good and excellent tips: http://bit.ly/kent914 (via @KentHuffman)

davidhughanThe 22 immutable laws of #marketing no longer apply by @ClickZ http://bit.ly/c56rVy

jack2ussrDo you really believe? 😉 @ramonthomas The 22 Immutable Laws of Marketing No Longer Apply http://www.clickz.com/3636379

subbuu22 Immutable Laws of Marketing no longer applies http://j.mp/92GpRz Controversy brewing…

jannekorpiGreat article – How the laws of marketing have changed http://bit.ly/azMzyH

azalec22 Immutable Laws of Marketing no longer apply; balance of power has shifted from advertisers to those being targeted.http://bit.ly/91w7Yk

tfanelliInteresting read – The 22 Immutable Laws of Marketing No Longer Apply – ClickZ: http://www.clickz.com/3636379

MarySicardBlasphemy! “The 22 Immutable Laws of Marketing No Longer Apply,” says Augustine Fou. http://twurl.nl/dnvzqq

hainguyenVThe 22 Immutable Laws of Marketing No Longer Apply – Augustine Fou. Interesting post http://bit.ly/azMzyH

astridguillonRT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

LaunchiteThe immutable laws of marketing, re-examined in the digital/social media age http://bit.ly/bTDPK8

LaraMSi hope b-schools are listening! http://ow.ly/14QX8

BrennaEliseReading: The 22 Immutable Laws of Marketing No Longer Apply http://bit.ly/azMzyH

R_OtterstromRT @oliversudotcom: The 22 Immutable Laws of Marketing No Longer Apply – what do you think about this article? http://ow.ly/15xj1

oliversudotcomThe 22 Immutable Laws of Marketing No Longer Apply – what do you think about this article? http://ow.ly/15xj1

acfouImmutable Law 5: Own a word in the prospect’s mind – what’s Apple? great design, ease-of-use, music, or computers? – http://bit.ly/aRfkiY

coopermediaonly“The 22 Immutable Laws of Marketing No Longer Apply” – http://ow.ly/15hQj

connectwithcoop“The 22 Immutable Laws of Marketing No Longer Apply” – http://ow.ly/15hQa

jeetblogThe 22 Immutable Laws of Marketing No Longer Apply – http://www.clickz.com/3636379

dougdavidoff@toddsattersten I had the same feeling about it (http://tinyurl.com/yjye2fl )

dougdavidoff@toddsattersten did you read this: http://tinyurl.com/yjye2fl? Interesting take on applicability of Immutable Laws.

KKilnerRT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

bottreeRT @tweetmeme The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

inggitaRT @durjoy: My pal Augustine Fou @ClickZ skewers the 22 Immutable Laws of Marketing: http://bit.ly/bb8MOd

acfouWhich too-clever-for-anyone, too-over-the-top-sleazy, or too-brand-perfumey-that-it-makes-me-gag ads did u see ystrday? http://bit.ly/aRfkiY

ntortorellaThe 22 Immutable Laws of Marketing No Longer Apply http://bit.ly/9DZhYs

sluuAn interesting blog about how The 22 Immutable Laws of Marketing No Longer Apply http://bit.ly/bb8MOd – (via @clickz)

TechValidateVery interesting read. Classic marketing dogma is not true anymore. The 22 Immutable Laws of Marketing No Longer Apply. http://ow.ly/14QX8

durjoyMy pal Augustine Fou @ClickZ skewers the 22 Immutable Laws of Marketing: http://bit.ly/bb8MOd

TobyDivaaugustine fou looks at marketing thru a social lens & updates ries & trout’s 22 rules http://ow.ly/153oo

IdeafoodARTICLE: The 22 immutable laws of marketing no longer apply. http://bit.ly/kent914 (via @KentHuffman)

AIM2meRT @clickz Immutable Laws of Marketing No Longer Apply http://bit.ly/bb8MOd but don’t forget the basics http://bit.ly/bmIIDF

acfouImmutable Law 3: advertisers often misinterpret that they can buy their way into the prospects’ minds by shouting loud http://bit.ly/aRfkiY

andressilvaa@warpx These Marketing Laws are very good and excellent tips: http://bit.ly/kent914 (via @KentHuffman)

davidhughanThe 22 immutable laws of #marketing no longer apply by @ClickZ http://bit.ly/c56rVy

jack2ussrDo you really believe? 😉 @ramonthomas The 22 Immutable Laws of Marketing No Longer Apply http://www.clickz.com/3636379

subbuu22 Immutable Laws of Marketing no longer applies http://j.mp/92GpRz Controversy brewing…

jannekorpiGreat article – How the laws of marketing have changed http://bit.ly/azMzyH

azalec22 Immutable Laws of Marketing no longer apply; balance of power has shifted from advertisers to those being targeted. http://bit.ly/91w7Yk

tfanelliInteresting read – The 22 Immutable Laws of Marketing No Longer Apply – ClickZ: http://www.clickz.com/3636379

MarySicardBlasphemy! “The 22 Immutable Laws of Marketing No Longer Apply,” says Augustine Fou. http://twurl.nl/dnvzqq

hainguyenVThe 22 Immutable Laws of Marketing No Longer Apply – Augustine Fou. Interesting post http://bit.ly/azMzyH

astridguillonRT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

LaunchiteThe immutable laws of marketing, re-examined in the digital/social media age http://bit.ly/bTDPK8

DCCommercialREThe 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd http://fb.me/5k34bZe

HAustinERT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

oliversudotcomRT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

lohhw3RT @brandconsultant: Brilliant article on the death of #positioning http://bit.ly/azMzyH #advertising #malaysia #singapore #indonesia

thebfceWithTwitter, stupidity spreads even faster…The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

brandconsultantBrilliant article on the death of #positioning http://bit.ly/azMzyH #advertising #malaysia #singapore #indonesia

andressilvaa@warpx They are very good Marketing Laws: http://bit.ly/kent914 (via @KentHuffman)

Vanessa_BrightThe 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://ow.ly/14G6g

steve_suttonRT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

SweetLoveGiftsA must read! RT @clickz via @jimcaruso: The 22 Immutable Laws of Marketing No Longer Apply http://bit.ly/bb8MOd

Vanessa_BrightRT @KentHuffman: The 22 immutable laws of marketing no longer apply: http://bit.ly/kent914

samanthastoneRT @DebbieMarchok. RT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

michaelredwoodRT @DebbieMarchok: RT @marketing_chief Shaking it up. RT @clickz The 22 Immutable Laws of Marketing No Longer Apply http://bit.ly/bb8MOd

DebbieMarchokRT @marketing_chief Shaking it up. RT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

jimcarusoRT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

vivosityRT @GuyKawasaki: How immutable are the immutable laws of marketing? http://ow.ly/1o9Y82

MarketingRagRT @clickz The 22 Immutable Laws of Marketing No Longer Apply. Augustine Fou takes them apart on ClickZ. http://bit.ly/bb8MOd

faragodgRT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

veneredimiloRT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

rCrosbySticklesThe 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://www.clickz.com/3636379

brandconsultantFinally someone else who believes positioning & other mass economy models no longer apply http://bit.ly/azMzyH #marketing #positioning

RellyMeltzerThe 22 Immutable Laws of Marketing No Longer Apply http://www.clickz.com/3636379

acfouNo one knows you, the small fish in a big pond? Make a new pond? The mktng problem then becomes no one knows your pond: http://bit.ly/bb8MOd

italianpassionRT @andressilvaa: ARTICLE: The 22 immutable laws of marketing no longer apply. http://bit.ly/kent914 (via @KentHuffman)

apkalnsEven “The 22 Immutable Laws of Marketing” evolve & transform: http://www.clickz.com/3636379 #marketing #change

andressilvaaARTICLE: The 22 immutable laws of marketing no longer apply. http://bit.ly/kent914 (via @KentHuffman)

ChrisCopywriterhttp://www.clickz.com/3636379 http://fb.me/58F8vCW

UKSEOSpecialistThe 22 Immutable Laws of Marketing No Longer Apply http://bit.ly/azMzyH

vvpreethamThe 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://ow.ly/14wJp

saintmoonriverRT @ramonthomas: Al Ries and Jack Trout’s The 22 Immutable Laws of Marketing No Longer Apply http://www.clickz.com/3636379

ramonthomasAl Ries and Jack Trout’s The 22 Immutable Laws of Marketing No Longer Apply http://www.clickz.com/3636379

markvanbaale“Traditional “push” advertising is like a thief breaking into your home at dinnertime and shouting at your family” – http://bit.ly/azMzyH

nickwredenWhy “positioning” theory &”22 immutable laws” are no longer true & will hurt your brand. Great Clickz article. http://bit.ly/azMzyH

AbsatzlehreBy @-davidhughan Great read: The 22 immutable laws of #-marketing no longer apply by @ClickZ http://bit.ly/c56rVy

davidhughanGreat read: The 22 immutable laws of #marketing no longer apply by @ClickZ http://bit.ly/c56rVy

jennycoupeThe 22 Immutable Laws of Marketing No Longer Apply – ClickZ: http://www.clickz.com/3636379 via @addthis

TimCohnThe 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/aOMY3Q

jpoloObserving: “The 22 Immutable Laws of Marketing No Longer Apply – ClickZ”, http://bit.ly/baH32k

MichaelMyersThe 22 Immutable Laws of Marketing that No Longer Apply: http://bit.ly/azMzyH

CarrieK_IEGRT @KMGDePaul: Why the 22 Immutable Laws of Marketing No Longer Apply http://ow.ly/1o9Y82

KMGDePaulWhy the 22 Immutable Laws of Marketing No Longer Apply http://ow.ly/1o9Y82

KenRobbinsRT @kraigguffey: RT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

CavalierPaleRT @elneco The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

elnecootra visión a las clásicas “22 leyes inmutables del mkt” http://www.clickz.com/3636379

webexecutivesMARKETING: @acfou‘s take on how and why the first 7 of “The 22 Immutable Laws of Marketing” have changed (http://j.mp/aFxKrP ).

RogersParkCoCRT @whatworks: How the Laws of Marketing Have Changed http://ow.ly/14mSC (via ClickZ)

normbondThe 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/a8bbGa

fishermarketingExcellent! RT @whatworks How the Laws of Marketing Have Changed http://ow.ly/14mSC (via ClickZ)

AnibalDoRosarioGolden Age of Ads Laws no longer valid in Golden Age Of The Individual “The 22 Laws of Marketing” no longer applicable: http://bit.ly/bGert9

whatworksHow the Laws of Marketing Have Changed http://ow.ly/14mSC (via ClickZ)

vickysjonesThe 22 Immutable Laws of Marketing No Longer Apply http://bit.ly/acONli

bmelchiorThe 22 Immutable Laws of Marketing No Longer Apply http://bit.ly/acONli

MCNAffiliatesRT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

manfredkisslingThe 22 Immutable Laws of Marketing No Longer Apply – ClickZ: http://www.clickz.com/3636379 via @addthis

hbgcoachingRT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

steprincipatoRT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd #marketing

gburkeThe 22 Immutable Laws of Marketing No Longer Apply (Part 1, Rules 1-7) http://bit.ly/90f8Us

gregg_makuchChallenge conventional wisdom – The 22 Immutable Laws of Marketing No Longer Apply – http://bit.ly/azMzyH

shaziaparwezRT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

ForwardProIt’s always time to rethink marketing: http://bit.ly/acONli

pamdyer“The 22 Immutable Laws of Marketing” revisited http://bit.ly/btL7VC Column: They no longer apply in new landscape

jasoncerconeThe 22 Immutable Laws of Marketing No Longer Apply http://bit.ly/azMzyH

nickromRT @tweetmeme The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

dancommatorThe 22 Immutable Laws of Marketing No Longer Apply #marketing #marketingstrategy http://bit.ly/azMzyH

CGFSyncresisRT @clickz The 22 Immutable Laws of Marketing No Longer Apply – ClickZ http://bit.ly/bb8MOd

Dan_AgnewPeople still arguing “The 22 Immutable Laws of Marketing,” but it’s still great food for thought: http://bit.ly/acONli

acfouFALSE: 1st Immutable Law – It is better to be first than it is to be better; today it is better to be better – http://bit.ly/aRfkiY

DaintyNinjaHow the laws that governed the “golden age of advertising” are no longer valid in this “golden age of the individual.” http://bit.ly/acONli

craiglandesNice work: The 22 Immutable Laws No Longer Apply in the “golden age of the consumer” @acfouhttp://bit.ly/aRfkiY

FiurInformationTraditional marketers making the shift take note! The 22 Immutable Laws of Marketing No Longer Apply (http://bit.ly/acONli ) #in

acfouThe 22 Immutable Laws No Longer Apply in the “golden age of the consumer” @acfouhttp://bit.ly/aRfkiY

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Tuesday, February 9th, 2010 digital No Comments

Source: http://feeds.gawker.com/~r/gizmodo/full/~3/Jp9ZubAuXTE/dude-drops-his-kindle-2-convinces-amazon-to-replace-it-and-pay-him-200-for-his-troubles

Behold, the power of a scary-sounding letter from a lawyer! Paul dropped his Kindle 2 and it broke. Amazon wanted $200 to replace it. Instead, they replaced it and gave him an additional $200. Damn, son!

Seriously, how badass is this letter he sent to Amazon?

Paul Gowder
[Address omitted]

August 12, 2009

Amazon.com Inc.
Legal Department
1200 12th Avenue South
Suite 1200
Seattle, WA 98144-2734

Dear Sir or Madam:

On June 21, 2009, I purchased an Kindle 2 e-book reader from the Amazon.com website. I purchased this device based, in substantial part, on the expectation that it would be reasonably durable. In particular, I expected that it would be approximately as durable as is ordinary in the consumer electronics market.

Amazon.com advertises the Kindle 2 on the basis of its durability. Notably, Amazon.com displays a “drop test” video on the web page for this product. That video displays the device being dropped twice from thirty inches onto what appears to be tile. That video displays a fall with sufficient force that the device visibly bounces, and deliberately creates the impression that the device will function after impacts similar to that sequence of drops.

Despite those representations, the Kindle 2 is far less durable. On July 26, 2009, I dropped a messenger bag containing the device onto the sidewalk, from approximately two feet above the ground. It was dropped only once, and the messenger bag absorbed enough of the shock that nothing else in the bag, including a Macbook laptop, suffered an! y damage whatsoever. (Unlike the drop displayed in Amazon.com’s video, for example, nothing actually bounced.) Moreover, there was no visible damage on the exterior of the Kindle 2. Nonetheless, the Kindle 2 became completely unusable, with over 50% of its screen no longer able to display any text.

I called Amazon.com support and was told that, because of the accidental drop, you would not be willing to supply a replacement device under warranty. You did, however, offer to sell a new device at a discount, for $200.00. I took advantage of that offer under protest, and explicitly reserved my rights to bring a claim against you based on the unreasonable fragility of the device and the misrepresentations in your advertising. It is that claim that forms the subject of this letter.

I am prepared to offer an immediate settlement of my claims against Amazon.com for a payment of $400.00. That sum represents the $200.00 replacement fee I paid plus $200.00 to compensate me for the diminution of utility and value of the device as well as of the e-books I have purchased for that device, in light of the fact that the replacement device, too, can be expected to be far more fragile than advertised and prone to destruction under the slightest stress. This offer expires thirty days from your receipt of this letter. If you do not accept this offer, I intend to bring suit either individually, or, if I decide it is warranted, as representative for a class of similarly situated plaintiffs. At that time, I will seek the amount noted above, plus punitive damages under the California Consumers Legal Remedies Act, Cal. Civil Code §1750 et. seq., costs, fees, and such other monetary damages as provided for by law, including without limitation Cal. Bus. & Prof. Code §17200 et. seq., the implied warranties of merchantability and fitness for a particular purpose, and other relevant law.

Also, you have demanded the return of the broken device as a condition to the unreasonable discounted replacement offer which I accept! ed under protest. Your agent has informed me that you will charge my credit card for the full price if the broken device is not returned to you. I am considering seeking a protective order placing that device in the custody of the Court pending litigation. However, should I instead return the device, you are hereby notified that it is evidence in the anticipated litigation to which this letter refers. Should you modify, destroy, or resell the broken device, I will ask the Court to treat that as deliberate spoliation of evidence and make adverse inferences as appropriate.

Very truly yours,

Paul Gowder

And here’s Amazon’s response:
Pretty awesome. Just goes to show that if you put your somewhat-unreasonable request in an official-looking form and also threaten to sue, big companies will be happy to toss a token amount of money your way to make you go away. [Consumerist]


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Tuesday, October 20th, 2009 digital No Comments

Dr. Augustine Fou is Digital Consigliere to marketing executives, advising them on digital strategy and Unified Marketing(tm). Dr Fou has over 17 years of in-the-trenches, hands-on experience, which enables him to provide objective, in-depth assessments of their current marketing programs and recommendations for improving business impact and ROI using digital insights.

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