Content, Control and Socially Networked Media
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- 1.Professor Jon M. Garon Hamline University School of Law February 2009 Content, Control andSocially Networked Media Intellectual Property Scholars Roundtable Drake University School of Law
2. Trends breathe new life into old issues of privacy
- The harnessing of social trends for public predictions and consumer behavior
- The growing role of the curatorial audience
- The expansion of behavioral advertising
- The development of tools to search the deep web
3. Social Networking and Subjective Relevancechange both development and distribution
- Social relevance-- determining the importance of goods or services based on social rather than objective criteria -- dominates consumer behavior (e.g., hot tickets, premium seats, designer brands, etc.)
- Social relevance sets the value of many otherwise non-scarce goods
- Social networks can be used to harness the subjective relevance in the development of new goods
- May reduce the transaction cost for research and development
- Combine subjective relevance with active and passive data collection
- Moves beyond the consumer product testing common to industry
- Allows for much earlier and more predictive consumer behavior
- Uses data to allow the consumer behavior to set the questions as well as answer them
- Data mining may highlight insights into commercial development and geographical differences in social relevance to improve markets
4. Web 2.0 and the Search for Subjective Relevance
- We've found that certain search terms are good indicators of flu activity.
- Google Flu Trends uses aggregated Google search data to estimate flu activity - up to two weeks faster than traditional flu surveillance systems.
- Each week, millions of users around the world search for online health information.
- As you might expect, there are more flu-related searches during flu season, more allergy-related searches during allergy season, and more sunburn-related searches during the summer.
google.org Flu Trends Data calibrated to be as accurate as CDC data and arrive two weeks before CDC can release the same information. 5. Social media for programming film in Brazil
- Uses Bit torrent to download a digital print for showing
- In different cities, the programming changes
- The physical social environment married to the on-demand movie activity
MovieMobzUsing Internet, participants vote on movie of the week Theater announces which movie will be shown by e-mail 6. The Curatorial Audience demands a role
- YouTube has become pervasive
- Audience expects to collect content, post comments, promote views and participate in distribution
- Commercial producers are unlocking controls to share in new audience interaction
7. Watching is not enough
- Few better examples of curatorial behavior than Hulus tool to embedPresident Obamas address to Congress in ones own website
- This is a new relationship between author and audience
- Very well suited to a Platonic democratic ideal
- Requires new approaches for traditional commercial authors
- Allows the curatorial audience to seek revenue for their own websites
8. But the revenue models from the curatorial audience are not yet adequate for commercial production
- Commercial content still leads : Hulu.com has greater revenue than YouTube despite YouTubes 20x lead in viewership
- The half-hour comedies popular on Hulu (Family Guy from Fox and The Office from NBC) have an average of eight minutes of commercial time on TV.
- On Hulu, where the sitcoms are especially popular, each show averages about two minutes of ads. (-NY Times)
- Pricing : Hulu can charge premium ad prices for ad exclusivity, but increases are 10-40% rather than the 400% necessary to make TV and online revenue the same
- As viewers migrate from TV for same content, the pricing model must change (cheaper shows; subscriptions; download fees; etc.)
- Tracking : To demand advertising fees, companies are looking to make the advertising increasingly relevant to the consumer
- This can only be done by tracking the behavior (or advertising channels, likeTravel ,Finance , orLuxury cars . - Webwise.Phorm.com)
- RFID : These online suggestions do not even get to the next step - adding RFID and other non-Internet tracking data (yet)
9. Better ads are more highly personalized
- Contextual Advertising ads that relate to the content on a particular site (e.g. a coupon for luggage on a travel site) draws its relevance to the content available to every viewer
- Relevance of advertising is preferable
- No consumer information is sought or used
- FTC sees no need to regulate
- Online Behavioral Advertising Online behavioral advertising involves the tracking of consumers online activities in order to deliver tailored advertising. (FTC)
- The practice, which is typically invisible to consumers, allows businesses to align their ads more closely to the inferred interests of their audience.
- FTC promulgates updated but voluntary guidelines
- Significant practices are recommended
- FTC has only issued voluntary guidelines thus far
- FTC does not extend to first party advertising, meaning that the guidelines do not apply to the company collecting the data for its own use
10. FTC Behavioral Advertising Principles (February 12, 1009)
- 1. Transparency and Consumer Control
- Every website where data is collected for behavioral advertising should provide a clear, concise, consumer-friendly, and prominent statement that (1) data about consumers activities online is being collected at the site for use in providing advertising about products and services tailored to individual consumers interests, and (2) consumers can choose whether or not to have their information collected for such purpose.
- 2. Reasonable Security, and Limited Data Retention, for Consumer Data
- Any company that collects and/or stores consumer data for behavioral advertising should provide reasonable security for that data.
- Companies should also retain data only as long as is necessary to fulfill a legitimate business or law enforcement need.
- 3. Affirmative Express Consent for Material Changes to Existing Privacy Promises
- As the FTC has made clear in its enforcement and outreach efforts, a company must keep any promises that it makes [so] before a company can usepreviously collecteddata in a manner materially different from promises the company made when it collected the data, it should obtain affirmative express consent from affected consumers.
- 4.Affirmative Express Consent to (or Prohibition Against) Using Sensitive Data for Behavioral Advertising
- Companies should collect sensitive data for behavioral advertising only after they obtain affirmative express consent from the consumer to receive such advertising.
11. Deep searching and the semantic web
- James Geller, et. al., IEEE Computer Society: Many organizations generate backend data that is dynamically retrieved through Web-form-based interfaces and thus not indexed by conventional search engines.
- This hidden, invisible, and nonindexable content is called the Deep Web, and its size is estimated to be tens of thousands of times larger than the surface Web.
- A major goal of the Semantic Web is to facilitate the automation of e-business processes and services: Software agents (softbots) with rich semantic knowledge and reasoning capabilities automatically roam the Web, find data and services, and combine them to achieve business goals.
- Goals to improve deep searching are gaining acceptance of an open source attitude in the e-commerce realm to make building Deep Web ontologies easier by accessing currently securely locked data sources; [and] creating libraries of semantic crawlers for the purpose of extracting back-end database information
- Deep searching can improve efficiency, increase access to content, etc.
- Deep searching can be used to increase cross-referenced of personally identified information and expand behavior tracking for behavioral advertising or other identity searches
12. Jon M. Garon Amazon Consolidating content distribution throughBookSurge, CreateSpace and Kindle
- Broader range of media and goods than any online competitor
- Closely tracks userbehaviorto suggest new products and services
- Kindle: Physical device sold at loss
- Wireless so ties user to site