Comments on: Unfair Word-of-Mouth Marketing Can Put You In Jail http://mikeyounglaw.com/wp/2008/05/12/unfair-word-of-mouth-marketing-can-put-you-in-jail/ "Attorney Mike Young focuses exclusively on Internet law and online marketing" Wed, 07 Jan 2009 20:23:53 +0000 http://wordpress.org/?v=2.7 hourly 1 By: Mike Young http://mikeyounglaw.com/wp/2008/05/12/unfair-word-of-mouth-marketing-can-put-you-in-jail/comment-page-1/#comment-11094 Mike Young Mon, 12 May 2008 20:37:12 +0000 http://mikeyounglaw.com/wp/?p=267#comment-11094 Chris, That's a good question. First, we don't know know the scope of enforcement. At a minimum, probably all EU member states. Second, if enforcement is sought beyond the UK's borders, it will probably be per treaty or other agreement entered into between the UK and other countries. This is a common practice. Best wishes, -Mike Chris,

That’s a good question. First, we don’t know know the scope of enforcement. At a minimum, probably all EU member states.

Second, if enforcement is sought beyond the UK’s borders, it will probably be per treaty or other agreement entered into between the UK and other countries. This is a common practice.

Best wishes,

-Mike

]]> By: Chris http://mikeyounglaw.com/wp/2008/05/12/unfair-word-of-mouth-marketing-can-put-you-in-jail/comment-page-1/#comment-11086 Chris Mon, 12 May 2008 16:32:13 +0000 http://mikeyounglaw.com/wp/?p=267#comment-11086 Just how does the UK expect to enforce this against people outside its jurisdiction? "“the commercial practice fails to identify its commercial intent, unless this is already apparent from the context” With most email from affiliates the context IS apparent. You're offering something for sale, so it should be assumed you stand to make money from that, just like when stores run ads. I would think "unfair" would be something like stating you don't earn commissions when you do. What next? Just how does the UK expect to enforce this against people outside its jurisdiction?

““the commercial practice fails to identify its commercial intent, unless this is already apparent from the context”

With most email from affiliates the context IS apparent. You’re offering something for sale, so it should be assumed you stand to make money from that, just like when stores run ads.

I would think “unfair” would be something like stating you don’t earn commissions when you do.

What next?

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