The Digital Millennium Copyright Act (DMCA) provides a “safe harbor” from strict liability for copyright infringement to online service providers that satisfy its requirements.
A June, 2010 ruling by a U.S. District Court in New York in favor of YouTube established an important precedent for blog sites for avoiding strict liability for copyright infringement by blog posters.
The DMCA
Online service providers such as blog sites are vulnerable to claims for copyright infringement if visitors post infringing material on their websites, even if the service providers are unaware that the material is infringing. This unfortunate result – that’s often quite surprising to blog site webmasters who are unfamiliar with copyright law – is due to the strict liability principles of the U.S. Copyright Act.
Signed into law in 1998, the DMCA protects online service providers from strict liability for copyright infringement by their users if they:
* post a specific DMCA notice prominently on their websites,
* register with the US Copyright Office, and
* promptly block access to, or take down, allegedly infringing materials if they receive a notice from a copyright owner claiming infringement, or if the service provider has “actual knowledge” that it is hosting infringing material or if the service provider is aware of facts or circumstances that should make it “readily apparent” that there is infringing activity.
This protection by DMCA is known as a “safe harbor”; it completely protects the service provider from vicarious liability for copyright infringement.
The YouTube Case
YouTube’s online video sharing service permits users to post videos to the YouTube site which then can be accessed and viewed by anyone who visits the YouTube site.
Viacom International sued YouTube alleging that YouTube was liable for copyright infringement of numerous videos for which Viacom owned the copyrights. Viacom argued that YouTube was aware that some of its users posted infringing videos on the YouTube site and that this awareness disqualified YouTube from the safe harbor protection of DMCA.
The YouTube case involved the third bullet point above – whether YouTube’s general knowledge that some of its users post infringing content on the YouTube website can amount to either:
* “actual knowledge” of infringement, or
* qualify to make it “readily apparent” to YouTube that there was infringing material on the YouTube website.
The court rejected Viacom’s argument and ruled that YouTube was not disqualified from the DMCA safe harbor. Specifically, the court found that YouTube’s general awareness of infringing activity by some of its users did not rise to the level of “actual knowledge” or knowledge that would make it “readily apparent” which videos were infringing. The court noted that YouTube had removed allegedly infringing videos promptly after receipt of notice sufficient to identify specific infringing videos.
Finally, the court ruled that YouTube had no general obligation to police its website for infringing videos and to determine whether specific videos were infringing.
Conclusion
In general terms, the key rulings of interest to blog sites were that:
* YouTube had no general obligation to police its site for infringing videos, and
* that YouTube’s general knowledge of infringement, but not of specific infringing videos, was insufficient to disqualify YouTube from the DMCA safe harbor.
Blog site webmasters should be aware, however, that there are specific requirements that must be satisfied in order to take advantage of the DMCA safe harbor. It’s essential that these specific requirements be satisfied in order to qualify for DMCA?s valuable protections.
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This article courtesy of SiteProNews.com for MayonWebHosting Blog
Microblogging; it may sound small due to the “micro” word; but I tell you; it’s one of the giants on the internet when it comes to traffic, promotion and sales for your blog. You must know which microblogs can give you the best benefit.
Without even visiting the web-page, a good Keyword Analyzer will have a module that will tell you whether or not links on the page use “NoFollow” tags. This lets you avoid you from wasting your time on building links from sources where you receive no search engine benefits. It’s otherwise known as Follow or No follow.
Let’s proceed to what makes microblogging so attractive, not only to marketers, but also to customers. The fact that the fewer words make them easier to read, understand, and digest. Another is that readers get to be curious about the microblogs, since its brevity only allows for teasers and promotions. If done right, microblogs can attract large traffic into your site.
Let’s look at the top 5 giants when it comes to microblogging:
1. Twitter.
Tweeting is now the trend. And no, it doesn’t mean making bird-like sounds. Twitter is a microblog which allows people to post status messages, called Tweets. Twitter’s interface was made to be user-friendly.
2. Plurk.
Plurk is a new player when it comes to microblogging but it’s faring well. It attracts many people, especially those that would like a visual representation of their microblog posts, which Plurk provides.
3. Jaiku.
Obtained by internet storm, Google, Jaiku was first obtained in 2007, and has since been closed to users first to start with the beta testing.
4. Pownce.
Another one that’s very similar to Twitter in the way it presents its microblogs, is Pownce. However, unlike Twitter it has a 140-character limit.
5. Spoink.
Crazy name, lovely microblogging platform. Spoink allows microblogging from mobile phones. While this may not be considered an innovation since many microblogging sites are already ahead of that, but Spoink is one up above the rest because it allows podcasts to be featured from everywhere.
Now, affiliate marketers should seriously consider going into microblogging. Before you proceed with microblogging; first weigh your options whether it’s important for you and your business and whether you’ll target the right audience.
For affiliate marketers and the like, microblogging is one of the things you would want to get into. With the certain age groups that it targets, the customers might probably be into microblogging sites. So just from there, you can already see what a big prospect market, microblogging sites can be. Aside from that; it can help build up your site’s awareness and also add up to your credibility.
Also, if you are too busy to scout for updates about the other sites that are relevant to yours, you can also get generous updates from microblogging sites too. Given though, that you do take time to do the search required to do just so. Aside from that, microblogging sites help expand your business and gain some contacts or followers.
So now that you have seen and read the importance of microblogging; you ask yourself where you can get more information?
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This article courtesy of SiteProNews.com for MayonWebHosting Blog
I have a confession to make: I was not an early adopter of Twitter. To be honest, I didn’t get it. I didn’t get the language. It seemed like a string of links to even more things I had no time to read. It felt overwhelming. LinkedIn and Facebook made sense as a perfect extension of networking I was already doing, but the charm of Twitter eluded me.
Sound familiar? I hear the same thing from many people, but what I discovered when I actually engaged on Twitter has turned me into a devotee. Twitter has been one of the greatest learning tools of my career.
If you are hesitant to join Twitter, you are not alone. However, I want to encourage you to give it a shot. Set up an account, follow some people and learn some things. People on Twitter are very generous with their time and knowledge. Yes, you will spend time on Twitter that you already don’t have, but you will also learn things that will make you more valuable, smarter and “in the know.” I use Twitter instead of Google for information gathering, and it has made me more productive.
Change is all around us, and the only way we can move forward is to change together and collaborate. I am still a newbie, but if I have inspired you to try, here are some tips to get you started:
1] Come up with a goal for trying Twitter. Is your goal to interact with the media or journalists? Is it to gain exposure for personal branding in your area of expertise? Is it to learn from others who are experts in their field? Or is it to increase traffic to your Web site or blog?
2] When you sign up, complete the profile as fully as possible. Add a photo, short bio, user name and real name. People want to know who you are. Your bio should reflect your goal. Make sure you include the URL for your site, blog or Facebook page.
3] There is no need to panic if you don’t have a ton of people following you. If you post good information, people will find you slowly and steadily.
4] You may have multiple goals for Twitter, feel free to have multiple accounts. At our firm we have 11 accounts and each one has a different audience and purpose.
5] Start off by sharing your knowledge. I bet you know a lot about your industry and your business. Think of Twitter as a great way to share that information. If you read something helpful, share the link on Twitter and let others benefit from your find. Generosity is a good business practice.
6] Because we are limited to 140 characters on Twitter, you will need to learn about shortening URLs. I use a site called Bit.ly because it helps me track my shortened URLs. Or you can use a web site called Hootsuite which allows you to shorten URLs, track them and manage multiple accounts. It’s kind of like the Swiss Army Knife of Twitter.
7] Learn the common abbreviations. We created a helpful postcard for our clients. Please feel free to print it for yourself.
8] If you read something you like on Twitter, remember to retweet it. It’s a great way to give credit to people who are putting out good information. If you want to join the conversation, use reply.
9] Follow people you already follow in other ways: Journalists you admire, comedians who make you laugh, or authors who inspire and teach.
10] Be a good community member. A good rule of thumb is to have a 4 to 1 ratio for self promotion. One self-promotional tweet to 4 that will help others or engaging in the community through reply or retweet.
If you are new or nervous, follow me on @websnapshot and we’ll learn together. My goal for this feed is to learn and share good ways to integrate social media and web publicity. Along the way, I share resources and tools with my staff, increase exposure for my clients, get business ideas, and collaborate with smart people. I post links and articles everyday that help me be better, and I hope they will help you as well.
FSB Associates will increase the awareness, sales and long term visibility of your books with our unrivaled online book publicity. We have been promoting books and authors online since 1995. You can trust our experience!
This article courtesy of SiteProNews.com for MayonWebHosting Blog
Tags: how to twitter, tweeting, twitter, twitter tips
A common 21st century phrase is ‘podcast’ an odd combination of the words iPod and Broadcast; the iPod being, Apples market dominatingly popular portable MP3 player. This expression is used to define a technology that lets users routinely download available audio files for listening to later, and is no longer exclusive to the iPod as many other software and hardware combinations now be used for the very same thing.
The roots of podcasting most likely lie in the blogging world as it is the natural progression to broadcasting information via the written word. I’m sorry for chucking another buzzword in the form of ‘blogging’, but with technology suddenly becoming cool there are dozens of new ones making their way in to our vocabularies. A blog, for those of you that don’t know, is an online journal that is frequently updated and intended for the general public. I should also just mention a technology known as RSS (Really Simple Syndication) which provides a continuous feed detailing updates that have been made to a particular data source; a podcast site for example.
The conventional media sources like TV, radio or streaming Internet media offer minimum control with regards to when the recordings are heard. Podcasting lets users get their hands on the downloaded content automatically carted over to their compatible player so they can listen to it later. In my opinion this is key to the technologies success and why it became so popular, so quickly similar to the way most technology is going success relies upon on demand content, tailored the users lifestyle, not vice versa.
For arguments sake let’s say, that I get the bus to the office and I want fresh and exciting content to listen to on a daily basis. If I head over to one of the many online resources available (for example www.podcast.com), I can subscribe to as many podcasts as I want from the thousands available. From this point on when I plug my iPod (other MP3 players are available) in for it to synchronize with my PC the latest available from my podcast list will be downloaded for my listening pleasure. The topics covered by podcasting in general are incredible and include everything from the music to technology, gaming, religion and world news.
Assuming you don’t want to individually move podcasts onto your MP3 player upon release, you will require specialist software such as the excellent free download Juice to make the rather tedious job automated. When the software is all setup you can go about adding as many podcasts as you like (and will have the time to listen to) and Juice will make sure it keeps you up to date. Fortunately there are versions of Juice to run on Windows, Linux and Mac OS ‘ it is very much a cross platform compatible application fits nicely with the podcasting ethos of access for all.
A subject as diverse and with as much content as Podcasting cannot really be convincingly covered in one article so the best tip I can give you is that if you are at all interested then download the software, visit the directories and take some time to see what’s out there.
Yes, there is a load of absolute rubbish but all you ever have to do is hit the unsubscribe button; as with many things in life you have to sift through the chaff to get at the wheat.
I do have one last tip I feel I should share – Subscribe to the Chris Moyles podcast; it’s fantastic!
Chris Holgate writes a weekly article of all things tech related. He is a copy-righter of the online Ink and Toner website Refresh Cartridges. These articles can be found in an archive at www.computerarticles.co.uk
This article courtesy of SiteProNews.com for MayonWebHosting Blog
Tags: blogging, Blogs, podcast, podcasting
A large number of business owners rely on their affiliate programs to help increase their sales and their profits. Personally, affiliate marketing and programs play a major roll in my earnings. If you are interested, you can also be one of those individuals. All online business owners can benefit from the use of an affiliate program, but there are some business owners who can benefit more than others. Those business owners run and operate businesses that either sells a product or a service. If you are one of those business owners and you would like to start an affiliate program, you will need to think about purchasing affiliate tracking software.
Affiliate tracking software is a unique program that is vital to the successful operation of an affiliate program. Without tracking software, you would be unable to determine whether or not one of your sales were generated with the assistance of an affiliate, let alone which affiliate it was. With affiliate tracking software, you can easily find out this important information. Therefore, this means that if you haven’t already purchased affiliate tracking software, you will need to do so right away.
When it comes to purchasing affiliate tracking software, you are first advised to familiarize yourself with all of your available options. This can easily be done by performing a standard internet search. Your search results are likely to include a number of different software sellers. Your first impulse may be to purchase the first affiliate tracking software program you come across, but you are advised against doing this. That is because these software programs come in a wide variety of different styles. Each program is likely to have its own unique services and features. You are encouraged to examine each of those services and features before making a decision.
If you are unfamiliar with affiliate marketing and affiliate tracking software, you may not know what you should be looking for. If this is the case, it may be easier to understand what you should watch out for. One of the many things that you should be concerned about is the software name or the name of the software seller.
Unfortunately, there are a number of different software sellers that will scam internet users; however, not all of them will. Before purchasing a particular affiliate tracking software program, you may want to perform a standard internet search on that program and the individual or company selling it. If you come across any warnings, you may want to stop and start searching for another software program.
It is also important to be on the lookout for affiliate tracking software that is being sold without information on the program. All legitimate software sellers should provide you with detailed information about their products, including affiliate tracking software. This information may include, but should not be limited to product descriptions, product services, and product features. Without this information, you will not know how an affiliate tracking software program works or how it can help you and your business. There are plenty of software sellers that will provide you with this information; you are encouraged to do business with them.
You will also want to watch out for affiliate tracking software that costs too much money. It is true that the more services and features you are provided with, the more the program will cost. However, that does not mean that you should have to pay an outrageous price. For an average cost of affiliate tracking software, you are advised to examine and then compare a number of different prices. If anything seems out of the ordinary, you are advised to move on and find software that is more affordable.
By knowing what to lookout for and avoid, you should be able to find an affiliate tracking software program that can give you exactly what you want and need. You should also be able to find that software at an affordable price.
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This article courtesy of SiteProNews.com for MayonWebHosting Blog
Tags: affiliate marketing, affiliate tracking software, tracking
