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26 Jun 2010
At Friday's meeting of the ICANN board in Brussels, they voted,
probably for the last time, to approve the 2004 application for
the .XXX domain.
Purely on the merits, there is of
course no need for a top level domain for porn. This isn't about the
merits, this is about whether ICANN follows its own rules.
Despite overheated press reports, .XXX will not make porn any more
available online than it already is (how could it?), there is no chance
of all porn being forced into .XXX (that's a non-starter under US law),
and .XXX will have no effect on the net other than perhaps being a place
to put legal but socially marginal porn far away from any accidental
visitors.
See more ...
Stable link is https://jl.ly/ICANN/xxxok.html
06 Jun 2010
Affiliate marketing is a popular way to advertise on the Net. A company
signs up affiliates, or more often an intermediary that signs up the
affiliates, and pays for each lead or each sale.
Web affiliate marketing is fairly respectable (check out my
Amazon affiliate store
and the links on my airline ticket web site)
but mail affiliates, particularly mail affiliates through intermediaries,
are a cesspit.
While there are doubtless mail affiliates that behave themselves, there
are far too many of them that sign up and spam like crazy on the somewhat
accurate theory that the more spam they send, the more responses they will
get and the more leads they'll have to sell, with the only downside being that
they might have a cheap hosting account cancelled.
The marketers and intermediaries invariably make the affiliates promise
not to spam, but since they don't know what addresses the affiliates are
mailing to, and see only the leads and (maybe) the occasional complaint
from recipients of the ads, it's extremely difficult to monitor what the
affiliates are doing.
Moreover, it is very hard to build a substantial
true opt-in mailing list, and if you have a good list, its value for
your own business is too great to be worth annoying the people
on it by sending third-party ads. Hence affiliates have to use lousy lists,
such as purchased lists of dubious provenance, addresses mechanically scraped
off web sites.
It's an open secret in the business that the business is full of sleazeballs
who will cheerfully do things like using a suppression list
provided by marketer A as a prospect list for marketer B.
With this in mind, does a marketer bear responsibility under CAN SPAM
for mail that affiliates send?
The answer, both from the wording of CAN SPAM and from simple logic,
should be of course it does, but the sad tale of ASIS vs.
Azoogle suggests that judges think it doesn't, at least not in
the Ninth Circuit.
See more ...
Stable link is https://jl.ly/Email/asisaff.html
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