Internet Laws Blog

Internet Guru Ghouls: Marketing Vultures Feeding Off Of The Dead

internet-guru-vulturesI want to share with you an example of the utter lack of Internet marketing ethics and integrity that I encountered in the past week. In a certain info product niche (that shall remain nameless for now), respected Guru A passed away this month. This is someone who spent many decades teaching his particular expertise and is well-known in the industry.

Now the thing that normal people would do is offer condolences to family and business partners of Guru A. That’s what people who aren’t sociopaths or psychopaths do when a peer dies. But apparently that was simply too much to ask of certain gurus within the same field. After all, there was money to be made on the Internet by kicking the corpse.

Yes, we’re talking pay-per-click (PPC) ads that started running using the name of Guru A to drive traffic to the sites of competitors Guru B and Guru C even though Guru A’s business still existed despite his recent death. The typical reader of the PPC ads would mistakenly think they were for Guru A’s products.

Now what was the response of Gurus B and C when it was brought to their attention that (1) they were violating a federally registered trademark owned by Guru A’s business; and (2) misusing the name of a dead person to make money when the body isn’t cold yet.

Guru B at first attacked the messenger for delivering the message, denying the existence of the PPC ads run for his business using Guru A’s name. Guru B then claimed he had nothing to do with it even after being presented with a copy of one of the ads. As part of this, Guru B claimed it was an affiliate promoting for him, denied responsibility for an affiliate’s misconduct, wouldn’t disclose the affiliate’s identity, and only agreed to take any action when he was facing litigation.

In contrast, Guru C took down the ads when requested. Whether motivated by shame or simply acknowledging what it would do to his public image if it became known what he was doing, at least Guru C had the common sense utterly lacking in Guru B to do the right thing after the fact.

As for Gurus B and C, I’ll be watching their conduct to see if they stray again. If they do, they’ll be tried and convicted in the court of public opinion. And that’s not counting what the legal system will do to them. Early retirement will become the greener pasture.

Some people wonder why the Federal Trade Commission (FTC) is cracking down on deceptive Internet marketing and sales practices. My take on it is that there are amoral gurus who will take advantage of anyone (including the dead) to make a fast buck online. If info product marketers do not develop their own rules of professional conduct and police themselves, the government is going to step in with rules no one likes and do it for them.

Religious or not, let’s at least start with an Internet Marketing Golden Rule: Treat Others How You Want To Be Treated.

Internet Law Firm: How Much Does An Internet Attorney Charge?

attorney-feesThe question isn’t how much an Internet attorney charges…it is, “How much money can an Internet lawyer save you?”

If seeking qualified legal counsel prevents just one lawsuit or government investigation, chances are you’ve made an excellent return on your investment.

When you do retain Internet legal counsel to represent your Web business, the attorney fees for professional services rendered will vary. For example, some projects take a little time. Others are complex and involve a lot of time.

Where the scope of work can be defined in advance, your Internet lawyer may handle a particular legal project for a flat fee. If the work is going to take an unknown amount of time because it is ongoing or open-ended, you’re likely to be charged by the hour billed in 1/10 or 1/4 hour increments.

For flat fee Internet legal work, you’ll probably have to pay in advance. For hourly work, your Internet law firm may require a retainer to bill against. This type of prepayment is done to protect your lawyer’s interest and you in the process. Because practicing law is a business, your lawyer is going to want to be paid. The longer a law firm waits to collect (just like any business), the odds of receiving payment decreases exponentially.

Because of rules of professional conduct (and it is the right thing to do), your Internet lawyer will explain billing practices and procedures at the beginning of your relationship.

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