Internet Lawyer: Marketing and Frustrated With Stupid People Sabotaging Your Business?

internet-lawyerYes, I’m pissed. As an Internet lawyer (and like any other U.S. entrepreneur), Obamacare is going to cost me at least $15,000 a year for health insurance that’s worse than the coverage I’ve got now. And the easy thing to do would be to assume that everyone involved with this stupid law is evil. To be sure, there are some bad motives at play for some of those involved (power hungry, etc.). But here’s the dirty little secret most of the politicians involved don’t want you to know. They voted for nationalization of health care because they are either dumber than a box of rocks or simply ignorant. Ignorance might be bliss but it typically ends up costing everyone around the ignorant alot of time, effort, and money to clean up the messes made.

Back in the early 1990s, I had the good fortune of working for a wise lawyer who lobbied Capitol Hill on behalf of American entrepreneurs. During the last failed attempt at socializing medicine (Hillarycare), we visited with various politicians and their staffs. What most people don’t realize is that young, inexperienced, and underpaid staff members are often assigned to handle various legislative issues on behalf of the politicians they work for…they do the research and recommend to their bosses how to vote on particular bills.

One day, we met with a legislative assistant who worked for a prominent “moderate” U.S. Senator. We learned that the Senator would be voting for Hillarycare but the reason for the vote was stunning. The legislative assistant had a deadbeat brother living at home and he felt that it was unfair for his parents to foot the bill for this brother’s health insurance. In short, one of a 100 Senate votes on nationalizing health care was based on the fact some parents were enabling their slacker kid to live at home rather than getting a job and paying for his own health insurance.

YouTube Preview Image

This is not a unique situation. Votes are cast for dumber reasons. Rarely do they hinge upon the actual short and long-term consequences of the laws.

What’s this got to do with your Internet marketing business?

Every time you deal with an irrational customer, an unreliable business partner, or a supplier that isn’t meeting your expectations, don’t assume that the source of your frustration is intentionally plotting to cause you pain and grief. In most instances, you can pin the cause on ignorance, and the person you’re dealing with is actually doing the best he can based upon the knowledge, intelligence, and common sense that he possesses (or lacks).

This isn’t easy. As someone who has little patience, i.e. Internet lawyer,  I can empathize.

What’s the solution?

In online customer relationships, sever the irrational ones a.s.a.p. Refund and move on.

In other Internet business relationships, you’ll want to put your dealings in writing using a contract written in plain English that clearly explains the rights and responsibilities. Your Internet lawyer can help you draft your work-for-hire (independent contractor) agreements, joint venture agreements, and other contracts to protect your legal rights at the same time reducing your frustration and stress of dealing with others.

Share

Internet Attorney: Website Intellectual Property Infringement

Based on what I’ve seen online as an Internet attorney, I have to ask…Is your website two tacos short of a Mexican combo platter?

Back in the Stone Ages when I attending law school, there was an important U.S. Supreme Court decision about “borrowing” that involved two local Mexican restaurants. Two Pesos essentially copied Taco Cabana. We’re talking everything from restaurant layout to colors to menu. Except for the names, the taco joints were pretty much identical (and decent cheap Tex-Mex too).

Taco Cabana successfully sued Two Pesos. By the time it was over, Taco Cabana owned Two Pesos.

What the heck does this have to do with your website?

The same type of copying occurs almost on a daily basis on the Internet. Competitors rip a website layout and even borrow a few photos to use on their own websites. Article writers and unethical copywriters “borrow” content.

Intentional or not, this is intellectual property theft. Once an Internet attorney gets involved, claims for copyright, trademark, and trade dress infringement are common in these cases.

On March 8th, a Seattle-based online jewelry retailer sued a Brooklyn-based competitor, claiming that the competitor had improperly taken photos and other aspects of its website to use on a competing site. Regardless of the outcome, there’s a good chance both sides will spend over a $100K in legal fees. That’s in addition to any damages awarded or settlement.

Moral of the story? Make sure that you own the content on your site and have the legal right to use the images (such as stock photos, logos, and order buttons).

And just in case you’ve accidentally got infringing content on your site that you don’t know about, you’ll want to make sure that you include the right website legal documents, including a DMCA Notice. One of the best things about a DMCA Notice is that it makes it easier for the parties involved to resolve their differences instead of heading directly to court for a nasty expensive battle no one wants. As always, if you have any specific legal issues, talk with your Internet attorney.

Share

Internet Lawyer: Amazon Tax Terminates Colorado Affiliates

It bothers me as an Internet lawyer and marketer to see this happen. Colorado is the latest greedy state to stupidly try to collect taxes from interstate online sales. The response? Amazon.com has terminated all of its affiliates based in Colorado.

The state’s governor and the legislators looking to collect the tax erroneously claim Amazon is engaged in corporate bullying. In fact, Amazon is logically responding to government run amuck.

The state’s new law, which your Internet lawyer can explain in great detail, would in essence have required Amazon and other online retailers to collect sales/use tax from Colorado residents who make purchases and then turn the money over to the state. The alternative would be to send statements to purchasers telling them how much they should remit to the state and providing the government access to records related to the retail purchases.

In plain English, the government wants to turn online companies into tax collectors for the welfare state rather than balancing budgets and cutting government spending.

This means that Colorado Amazon affiliates will now join their counterparts in North Carolina and Rhode Island looking for alternative sources of income. If you’re a Colorado resident, remember who supported this business-killing law and vote the schmucks out of office when you get the chance. If you need legal or accounting advice pertaining to Colorado’s new law, consult Colorado professionals who specialize in that arena.

You can find out more about the affiliate tax and how it has affected Internet marketing by talking to your Internet lawyer and by reading the affiliate tax info at this link. In particular, understand the part about faking your business location and the consequences of doing so.

Share