Whenever a business gets too large, it ceases innovating and begins looking for ways to put a boot in the face of anyone who wishes to climb past them up the mountain.
Unfortunately the Associated Press enlisted the help of [tech-illiterate] US District Court Judge Denise Cote and put a boot in the face of content aggregators and successfully sued Meltwater (a San Francisco-based digital clipping service that notifies clients when news references keywords relevant to them).
Here’s just an example of the ripple effect of problems this ruling creates just in Judge Cote’s world:
- The US District Court for the Southern District of New York publishes a “News and Events” section on its website (with an RSS feed). Some of the content in that feed violates this ruling.
- The New York Bar Association (of which, presumably, Judge Cote is a member) also publishes news on a variety of its blogs and other presences which could be in violation of the precedent set by this ruling as they contain “relevant” excerpts of stories by publishers with links.
- Judge Cote’s alma mater, Columbia University, routinely violates the standard set in the ruling.
…and on and on.
Hilariously, one of the sticking points in the lawsuit is that Meltwater caches news content going back to 2007 that is no longer available online and offers it to customers. The AP literally doesn’t offer a competing product and wants to someone else for making the information available when they won’t. It’s the equivalent of a record company suing me for giving a friend a pirated copy of an album that is no longer in print.
It’s the same thing the music industry did over a decade ago when it sued into bankruptcy the file-sharing platforms (and even attempted to sue the manufacturers of MP3 players) that allowed music enthusiasts to trade MP3s – which the industry was not willing to offer despite the overwhelming demand.
This should be instructive for the AP. After its decade-plus crusade – the music industry won itself widespread hatred, lost its oligopoly, and was entirely unsuccessful at stopping file-sharing. Even now they’re still in the trenches trying to hold back innovation by attacking their customers and technology companies (see: “six strikes”) and losing billions of revenue in the process.
The Associated Press already sued “Moreover,” “All Headline News,” and even Google before taking on Meltwater. So far they’ve been satisfied with licensing fees (likely much-needed income as the quality and breadth of their output declines along with the rest of the dinosaurs of traditional media), but what will be next?
For more – I recommend reading the Electronic Frontier Foundation’s response to the ruling:
AP v. Meltwater: Disappointing Ruling for News Search
MARCH 21, 2013 | BY CORYNNE MCSHERRY AND KURT OPSAHL | Electronic Frontier Foundation
Demand for Social Media Marketing has exploded in the past decade as brands struggle to reach audiences beyond the increasingly-fractured traditional media consuming public. Right now Social Media Marketers are able to take advantage of the public’s overwhelming ignorance about communicating via social media and get paid to navigate those spheres for their clients.
It won’t last forever. It may not even last another decade.
Think of the travel industry. Before ‘teh interwebz’ information used to be scarce, so it made sense to pay someone else with expertise to navigate the complicated pricing schemes and array of accommodations providers to do it for you. Flash-forward to the year 2000 when the web came into its own in terms of providing easier ways to book airline tickets, hotel rooms and car rentals (as well as recommendation sites chock full of free expertise and reviews). This great graphic from the Cleveland Plain Dealer says it all: Read more…
I’m not one enamored of the Harvard Business Review. The ivory tower often isn’t the best vantage point.
That’s why I’m unimpressed with the recent piece by Bill Lee, “Marketing is Dead,” published in the HBR. The article does little to live up to the provocative title, rehashing conclusions most savvy marketers and advertisers came to nearly a decade ago (even the slowest among us arrived at them at least five years ago).
Why is marketing dead? CEOs are frustrated and customers are ignoring traditional media – just look!:
“In a devastating 2011 study of 600 CEOs and decision makers by the London-based Fournaise Marketing Group, 73% of them said that CMOs lack business credibility and the ability to generate sufficient business growth, 72% are tired of being asked for money without explaining how it will generate increased business, and 77% have had it with all the talk about brand equity that can’t be linked to actual firm equity or any other recognized financial metric.”
So what? The percentage of Americans that say CEOs lack credibility is at 79 percent. Moreover, the turnover rate for CEOs is at a six-year high. Audiences have been tuning out from the traditional mass media for over a decade. Read more…
For some reason, people seem very comfortable assuming they know as much as anyone trained in marketing, advertising or public relations. Whereas few people would feel comfortable second-guessing a
physician’s assistant physician assistant, or telling an engineer how to do their job – they are more than willing to micro-manage communications professionals.
To them, I say “thanks but no thanks.” If you’ve not in the field, and you’ve ever offered up any of the following advice to a colleague in the field, please check yourself.
1. You think we should advertise somewhere because you consume that media.
In all liklihood *you* are not the demographic being targeted. *I* am not the demographic being targeted either.
This happens all the time – I guess it has to do with some desire we have to feel as though we understand the average person’s mindset and that we represent the common opinion on the street. The problem is – it’s increasingly hard to identify “the average person” anymore.
Not only that, but whomever he/she is, none of us is likely representative of them (particularly where I work where most of the employees have advanced degrees – relegating them to a tiny ten percent of the US population, not at all representative of the median).
Instead of going with your gut – trust the data instead. Save your gut for the creative portions of the campaign where it will be needed.
2. You think we should advertise somewhere because it’s a “special” promotion targeted right at our industry.
I hate to break it to you, but every two-bit media entity worth its salt has created bogus “special interest” offerings as a marketing ploy to appeal to advertisers. There are “special editions” for everything now – and they even come out more than once a year.
To make matters worse, there are even entire organizations created solely for the purpose of selling worthless advertising to rubes who think they’re reaching someone.
A great example of this is the “Who’s Who” listings or “Internet Directories” for special topics. When was the last time you looked anyone up in a “Who’s Who” book? Carter was probably president. The same goes for special “directories” online; as the power and accuracy of search has improved, it has rendered the need for curated directories obsolete. You’re far better off taking all of that time and money and putting it into writing a blog to push up your rank in Google.
On Payola: By the way – if the “special promotion” includes freebies to the people buying the advertising (say, event tickets) – if you take those, it’s unethical and potentially grounds for firing at many institutions. It constitutes a conflict of interest for you to spend money that isn’t yours in order to get something free. You may even want to check with your Purchasing department because you may be legally-obligated to notify them or turn over that item.
3. You think we should advertise somewhere because they have special pricing available only for a limited time.
The amount of exclamation points that usually accompany the emails for these sorts of requests could fuel a mid-sized city. Understand that these offers are invariably overvalued. The reason they’re discounting the air time/ad space is because NO ONE ELSE WANTS IT (and there’s a reason no one else wants it).
The reason these “opportunities” are “special” is because no one else will advertise on them because they don’t reach enough people (or they’re not effective at converting eyeballs into sales). They’re the advertising equivalent of the bargain DVD bin at Wal-mart – no one wants to own Battlefield Earth which is why it languishes even with a $2.99 price tag. You’re literally throwing your money away – money that could be better spent with 30 seconds and a credit card on Facebook.
4. You think we should advertise somewhere because our competitors are doing it.
To be sure, there is absolutely value in benchmarking what one’s competitors are doing. However, following the herd can be problematic for a variety of reasons.
- First, if the herd is already there – it’s a diluted marketplace for ideas. You’ll be trying to make noise while everyone else is trying to make noise – no one is going to hear it. The Law of Diminishing Returns absolutely applies to advertising.
- Second, the herd doesn’t know anything you don’t already know. They’re not privy to some mystical insight – particularly the more members of the herd are engaging in this communal behavior the more likely it is to be outmoded because the soft middle has arrived.
5. You think we should advertise somewhere whether or not we can track the response.
Measurement is just as critical as Communication in a marketing/pr plan. If you’re not worried about how we’re going to gauge the response to our efforts – I’M worried about your fitness for your job.
If you can’t find a way to verify whether or not something worked – why would you do it? Would you have a surgery if you had no way of telling whether or not it was successful? Would you enter a competition that didn’t track how you placed?
It’s not fun and it’s not sexy, but it is an imperative that we develop some way of measuring how many people are converted by our efforts. Given how wildly media consumption habits are shifting right now – it’s even MORE important than any time in the past half-decade.
Moreover, ENTIRELY NEW forms of advertising are emerging all the time. What worked this year may not work at all next year – and it’s important to track that progress.
So “Backseat Marketers,” please – we need your input but keep it constructive and focused on the content that you are experts on. Recycle the faxes you get with radio discounts on them instead of forwarding them to us. Defer questions from ad sales reps to us and let us handle them (instead of allowing them to create confusion, conflict and division within our organization just because they work on commission).
Given the field I work in, I pay a lot of attention to billboard campaigns. I suspect this makes me different from many of the publics we target.
One thing I’ve noticed in my years of careful Billboardspotting is how remarkably similar all outdoor advertising is for colleges and universities. It’s eerie. It’s almost as though everyone is watching what everyone else is doing and copying it in some sort of marketing feedback loop.
This is likely what is actually happening, which explains the creative entropy. Read more…
Why is a bad pitch worse when it comes from a Public Relations Pro than when it comes from an Ad Sales Representative?
I ask that question after reading another article (Social Media Makes Bad Pitches Go Viral–And Can Save PR From Itself | by Amber Mac | FastCompany) blasting the entirety of the public relations world for irrelevant and careless pitches they’ve received via email. The strident calls for PR to reform itself are ever-present; Gawker even has a separate category for showcasing shoddy PR (PR Dummies).
I wonder how many journalists are aware of the fact that at the same time they’re bemoaning poorly-targeted spam PR pitches, many PR Pros are bemoaning poorly-targeted spam Ad Sales/Sponsorship spam pitches from ad sales reps who work for the organizations that underwrite those journalists’ activities. Read more…
In the kampy 70s-era Batman TV series (and movie), Adam West’s titular character was always trying to extricate himself from a supervillain’s trap by “reversing the polarity.” It’s one of those pseudo-sciencey terms that pre-teen kids find believable (even nerdy kids who like Dr. Who).
Colleagues and I have joked before that the marketing budgets of some projects would be better spent bribing the very small target population than trying to break through the deluge of noise consumers encounter each day by paying for mass media channels (the very entities creating the noise).
Twitter. Facebook. Pinterest. Linkedin. Blogs. RSS. SMS. Foursquare. Google Places.
Thanks to social media there are enumerable ways for any organization to broadcast messages to its publics. There are so many channels with such low cost barriers that the decisions marketers and PR pros need to make are all about how many to spend time on.
However, the focus on broadcasting often overshadows an important and underutilized feature of the Internet-connected world: the ability to reverse the flow of information to focus laser-like on a very tiny population. I’m not talking about Narrowcasting. The “casting” part still implies a lack of a quality relationship with each of the unique people you’re trying to enlist.
It is increasingly easier to be successful by focusing solely on good customer service or by serving a very specific clientele. That’s the Long Tail at work. Creating relationships.
Rather than spending resources buying access to a megaphone could you reallocate those resources to, one at a time, find the 25, 50, 100, 1000 people you actually need to make your campaign a success? I bet you could … if you can just “reverse the polarity.”
"...and you shall have no pie."As my parents tell it, when I was an infant my first word wasn't a word - it was an entire sentence. Very little has changed.
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