Ad Blocking Technology - The Potential Effects & Implications

The use of ad-blocking programs has recently received considerable attention in the media, brought about in large part by the proliferation of various plug-ins or configurational ad-ons that, in one manner or another, enable the blocking of some or all advertising (or content that seems like advertising) by Internet web browsers (e.g., Adblock Plus” plug-in Firefox). In addition, most of the popular commercially available anti-virus, anti-adware and anti-malware programs also provide ad blocking capability. By implementing and using ad-blocking software and extensions, the user is able to remove or block some or all advertisements from being viewed on web pages.

There has always been a natural balance (some would say ‘tension’) between the consumer’s right to privacy and the marketer’s desire to know more in order to reach the right customer. Although clearly context and culturally sensitive, consumers tend to cling to various degrees and aspects of privacy as a means of protecting themselves from unwanted intrusion into their lives. Consumers, however, often willingly and knowingly give up certain privacy protections – although they may not view it that way – in order to receive the benefits and advantages of offers and purchasing opportunities more tailored to their needs, and to avoid receiving “junk.” Marketers, on the other hand, always want better, more timely, and more accurate segmented data, so that advertising can be focused and can cost-effectively reach those who are more likely to have an interest in buying. But marketers know that reaching too far into the minds and hearts of consumers, without their permission, can backfire and cause mistrust and disdain – not a good thing when you are trying to convince a customer to buy your product or service. Witness the public reaction to the launch of the “Beacon” feature by Facebook in our recent past.

Thus, while there has always been a balance and some tension, the increasing direct intersection of these issues, resulting from the rise of consumer and commercial use of the Internet, has spawned a degree of heat over these issues, never before seen in history. The complexity has also created a good deal of emotion and rhetoric.
 

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Invitation from the Joint Policy Committee on Broadcast Talent Relations

The Joint Policy Committee on Broadcast Talent Relations (JPC) is the multi-employer bargaining group that negotiates the collective bargaining agreements with the Screen Actors Guild and the American Federation of Television and Radio Artists that govern the employment of actors who perform in television and radio commercials.  In its role, the JPC represents the interests of advertisers and advertising agencies throughout the United States.  SAG and AFTRA represent the interests of the actors.

The JPC invites you to take part in a very important on-line survey that will assist the JPC in determining which provisions in the current collective bargaining agreements are of concern to the people who work with and under the agreements day-to-day.  It is the JPC's hope that there will be widespread participation in the survey across all aspects of commercial production, from casting to trafficking.  And if you're an actor, the JPC welcomes your participation as well.  This is the first time the JPC has sought such information, so everyone's participation is extremely valuable.

Any personal information provided by you in completing the survey will be held in strict confidence, and will not be disclosed to any third parties or used for any purpose other than compiling the data.  Nor will you be personally identified in any communications with third parties with any answers you provide.  And at any time, you can decide not to complete the survey or can request that the JPC remove any personally identifying information you've provided.

The entire survey takes about one to one-and-a-half hours to complete, but it can be done in sections.  That makes it easier to complete at your leisure.

If you'd like to participate, the JPC needs your full name, email address, and, where applicable, your company's name.  Simply send an email to Ms. Leah March at lmarch@reedsmith.com with the requested information.  Leah will then send you an individual invitation. 

The JPC greatly appreciates your participation. If there are others who you feel should participate, please ask them to provide their full name and email address to Leah March (lmarch@reedsmith.com) so Leah can send them a formal invitation.

Thank you in advance for your consideration.

Are You Legally Green?

In 2005, General Electric Chairman and CEO Jeff Immelt—in announcing GE’s Ecomagination commitment to address the world’s need for cleaner, more efficient sources of energy, reduced emissions, and clean water—stated that increasingly for business, “green” is green. Today, companies of all shapes and sizes are recognizing that being environmentally conscious and sensitive to the sustainability of our planet not only makes sense for our survival, but is also a business opportunity.

Harnessing these opportunities and understanding how to make them work can require experienced legal counsel.

Reed Smith is positioned to be a partner with companies seeking to turn “green” initiatives into green investments. With its international footprint and nationally recognized renewable energy and advertising practices, Reed Smith can help companies develop their sustainability strategies, as well as execute them and bring them to the marketplace.

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Rock Star Sues McCain Over Use of Song

When the Republican Party recently ran an ad attacking Sen. Barack Obama’s energy policy, with Jackson Browne’s song “Running on Empty” playing in the background, long-time Democratic activist Browne punched back.

Browne sued John McCain, the Republican National Committee and the Ohio Republican Party for using his song in the commercial, which mocks the suggestion by Democratic Presidential candidate Obama that voters can conserve gasoline by keeping their car tires inflated to the proper pressure.

“[T]he [c]ommercial falsely suggests that Browne sponsors, endorses and is associated with McCain and the Republican Party, when nothing could be further from the truth,” states Browne’s complaint, which was filed in U.S. District Court for the Central District of California.

In fact, Browne supports McCain’s opponent. “Browne’s public support for the Democratic Party and its presumptive candidate for President of the United States, Senator Barack Obama, is well-known.” the complaint says.

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UK's Advertising Standards Authority Issues Green Claims Report, Decisions

The UK’s Advertising Standards Authority has released a report on environmental claims in advertising, which warns advertisers of a dramatic rise in the number of complaints brought concerning such claims.

In 2006, the ASA received 117 complaints regarding green claims in 83 advertisements. In 2007, the agency received 561 complaints concerning 410 ads.

“Independent research commissioned by the ASA in November 2007 indicated a high awareness of green issues and environmental claims in ads. However, it also revealed a high degree of confusion and a lack of basic understanding about claims and what they mean,” stated the report, which was released following a public meeting in June on environmental claims and greenwashing.

“The research also found that those who were the most concerned about the environment tended to be the most knowledgeable and most cynical about what they see as ‘greenwash,’” the ASA said. Claims most commonly challenged were those involving CO2 emissions, such as carbon “neutral,” “zero” and “negative,” as well as absolute claims, such as “100% recycled” and “wholly sustainable.”

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Cold Supplement Seller Agrees to $30 Million Settlement

The makers of the Airborne dietary supplement have agreed to pay as much as $30 million to consumers to settle Federal Trade Commission charges that its makers made false and unsubstantiated cold prevention claims.

“There is no credible evidence that Airborne products, taken as directed, will reduce the severity or duration of colds, or provide any tangible benefit for people who are exposed to germs in crowded places,” said Lydia Parnes, Director of the FTC’s Bureau of Consumer Protection in a release.

In its complaint, the FTC cites Airborne advertisements in which speakers claimed the supplement cured their cold in an hour, was a “miracle cold buster,” and was created by a teacher who “was sick of catching colds in class.”

The supplement, which contains 17 herbs and nutrients, was widely sold by major retailers such as Wal-Mart, CVS, Walgreens and Costco; and was marketed on daytime television programming, and through magazines and celebrity endorsements.

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