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FTC To Investigate 'Viral Marketing' Practices

mcflaherty writes "The Federal Trade Commission has stated that it is going to investigate the use of 'Viral Marketing' by corporations. This is the type of advertising that seeks to start a word of mouth campaign for the product via consumers themselves. Previously, consumers themselves set the buzz. But lately advertisement firms are stepping up to the plate themselves, seeding the market with buzz that looks independent of the company, but is in fact funded by them. The crew at Penny Arcade contend that corporate generated buzz is not Viral Marketing, and perhaps Guerrilla Marketing would be a more apt term. Either way, it appears to be a profitable advertising model."

22 of 299 comments (clear)

  1. How low can they go? by Rosco+P.+Coltrane · · Score: 5, Insightful

    Either way, it appears to be a profitable advertising model.

    Of course it is, it exploits people's inherent trust for their friends' judgement: "if X says this and X is a nice guy, then X must be true". Only if X is paid by a corporation to spew out nice stuff about some product, it basically wrecks that basic principle of human communication.

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:How low can they go? by Possibly+Malignant · · Score: 5, Informative

      "if X says this and X is a nice guy, then X must be true"

      There's a syntax error in your formula.

    2. Re:How low can they go? by IgLou · · Score: 5, Insightful

      Free speech should be for people, anything that is "said" by a business should be regulated. Consider this, disclosure prevents leaking information out about anything that could affect your stock price ahead of your official financial statements. That's regulated for a reason. If a corporation is trying to generate hype and calling it "viral marketing" is a lie in my books. The corporation is advertising through viral marketing and I as a consumer deserve to know when I'm looking at a fictionalized account for the purpose of advertising or if I'm looking at the real deal. I deserve to know if a company is trying to sell me something but disguising it as something else.

      --

      Oops, how did this get here?
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    3. Re:How low can they go? by troll+-1 · · Score: 4, Informative

      Free speech is free speech. Just be happy they aren't transmitting commercials into your dreams (yet).

      This is considered commercia speech and doesn't have the same First Amendment protections as other speech.

    4. Re:How low can they go? by SatanicPuppy · · Score: 4, Funny

      Type conversion error: Can't convert type Person to type Opinion in statement (-11273).

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    5. Re:How low can they go? by dgatwood · · Score: 4, Informative

      Precisely. The word you're looking for is "dramatizations". And you are required by law to disclose when this occurs.

      I cite 45 FR 3872, section 255.2:

      (b) Advertisements presenting endorsements by what are represented, directly or by implication, to be ``actual consumers'' should utilize actual consumers, in both the audio and video or clearly and conspicuously disclose that the persons in such advertisements are not actual consumers of the advertised product.

      And section 255.5

      When there exists a connection between the endorser and the seller of the advertised product which might materially affect the weight or credibility of the endorsement (i.e., the connection is not reasonably expected by the audience) such connection must be fully disclosed.

      Now, admittedly, this is from an FTC guide and not directly from the relevant body of law. You'd have to ask somebody more familiar with the details of advertising law to tell you which specific sections of code and/or relevant case law that these opinions are derived from. That said, the FTC is well within their rights to investigate this and prosecute any ad agency proven to use guerilla marketing tactics. They are clearly examples of false advertising, and are thus NOT ethical and NOT legal.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    6. Re:How low can they go? by Sj0 · · Score: 4, Funny

      How do we even know you're a person? Maybe you're just another astro-turfer, an actor paid by these marketing companies to try to present a devils advocate to move the window of acceptable behaviour towards something this terrible!

      Thanks a lot, asshole. First marketing ruined radio; then TV; then movies; then video games; then the internet; Now they're trying to ruin REALITY. Thought police indeed.

      --
      It's been a long time.
  2. Astroturfing by duerra · · Score: 5, Informative

    It already has a name. It's called Astroturfing.

    Now we need to come up with a term for what will eventually prove to be its opposite. Corporate sabotage that seeks to inspire negative propoganda for another company. If Sony hadn't been repeatedly shooting themselves in the foot with a sawed-off 12 gauge lately and inspiring all their own negative publicity, I'd almost suspect that of their vomit-inducing attempt at creating buzz for the PSP.

    1. Re:Astroturfing by thePowerOfGrayskull · · Score: 5, Insightful

      It was no accident that site was 'discovered' as fake. How easy would it be for someone to use a privacy service on their registration? Personally, I think it worked very well - that site got more traffic than it ever would have if it had been legit.

    2. Re:Astroturfing by pimpimpim · · Score: 5, Interesting
      Well, at least viral marketing can be killed instantly by the negative karma that comes about when the blatant lies of this being an 'enthusiast's user opinion' are uncovered. I really like that aspect of viral marketing, the message will be accepted if the cooperation is fair about it, and just couldn't use original channels for an advertisment (for example a car advertizement that would be too shocking to show on TV, but is artistically interesting anyway.).

      However, if the cooperation is trying to screw us, and someone finds out (as will eventually happen anyway), the viral marketing works just as viral against the cooperation that started it. Therefore, viral marketing is playing with fire!

      All in all this must be the most fair form of advertizing, we the users can directly respons to it and decide if we like it or not.

      --
      molmod.com - computing tips from a molecular modeling
    3. Re:Astroturfing by ShieldW0lf · · Score: 4, Interesting

      If we all stop trusting each other, and keep it in the back of our minds that everyone we talk to might be trying to decieve and manipulate us for some third parties benefit, then we'll be ok.

      Seriously, this sort of thing should be punished by summary execution. It's a huge assault on the very fabric of our society, trying to create a world where we're afraid to participate with our neighbour with trust.

      It's not the little thing you're trying to make it out to be. People that perpetuate this sort of thign should be shot in the head and buried in a shallow unmarked grave.

      --
      -1 Uncomfortable Truth
    4. Re:Astroturfing by nomadic · · Score: 4, Funny

      If we all stop trusting each other, and keep it in the back of our minds that everyone we talk to might be trying to decieve and manipulate us for some third parties benefit, then we'll be ok.

      Hey, I'm from New York, I already do that.

  3. About Time by Slipgrid · · Score: 4, Informative

    60 Minutes covered this about two years ago. It's a good segment if you can find the video.

  4. Fitting story by wile_e_wonka · · Score: 5, Insightful

    IS slashdot trying to redeam itself after being conned into an instance of viral marketing?!

    See particularly this portion of the comments/story...

  5. Won't someone think of the ad agencies?! by TheWoozle · · Score: 4, Funny

    I mean, how else are people going to be programmed to buy overpriced, useless crap? Won't you please help a hard-working advertising executive (who has enriched our culture with priceless works of art like this) afford his third Mercedes?

    --
    Insisting on "correct" English is like saying that there is only one, definitive recipe for chili.
  6. An even more sinister activity by noidentity · · Score: 4, Funny

    Some companies have taken this a step further and are attempting to manipulate the customers themselves into giving good reviews. They are using a technique of improving the quality of their product, causing any sane customer to be unable to respond negatively. These coercive practices must end!

  7. Ha, I'm immune by StikyPad · · Score: 4, Informative

    since a) I don't talk to anybody, and b) even if I did, I wouldn't trust what they said.

    Sigh.

  8. OT: Community redemption. by Spaceman40 · · Score: 4, Informative
    [Is] [Slashdot] trying to [redeem] itself after being conned into an instance of viral marketing?

    No. Let me remind you how our system works:
    1. Person finds something they think is cool.
    2. Person submits link and story to Slashdot.
    3. Slashdot editors do a quick read to see if it's not blatantly inaccurate or uninteresting.
    4. Editors put the story up.
    5. Readers check the story out.
    5. a. At least one reader looks into (or already knows) the background of the article.
    5. b. At least one reader looks into (or already knows about) the subject of the article.
    5. c. At least one reader looks into (or has already speculated about) the ramifications of the article.
    6. We discuss.

    That's the point: the community decision for the article you linked was that it was a guerilla campaign. When I read that article, I didn't realize it was such, I assumed the same as the editors. Fortunately, there's a large community here, several of which commented that not all was as it seemed, and I was enlightened.

    Yay for community discussion. Articles aren't generally statements that the community makes, they're statements that the community responds to. That's why us old timers (and I'm a young'un, at that) are still here.
    --
    I [may] disapprove of what you say, but I will defend to the death your right to say it.
  9. De Beers, Viral Marketing Since 1888 by Ranger · · Score: 4, Insightful

    I'm shocked, shocked I tell you to find that deceptive advertising is going on. I mean it's not like they, as in the ubiquitious they, think people are malleable, easily led astray, brainwashed, etc, etc.

    De Beers has the longest running viral marketing campaign in history. It started in the 1880's and is still going strong today.

    --
    "You'll get nothing, and you'll like it!"
  10. Not necessarily... by KingSkippus · · Score: 4, Insightful
    The alternative to advertising is paying more for things.

    My devil's advocate reaction to this is, "not necessarily." If company X didn't have to spend a billion dollars to counteract company Y's $900 million advertising budget, they could use that money to help save consumers dollars. Or they could put it into R&D and engineering to actually make a better product instead of just telling us it's a better product.

    Also, I (and a lot of other people) are more than willing to pay a premium for ad-less products. Does anyone remember the days way back when most cable channels didn't have ads? Now you have to pay the cable company for channels with ads, and the channels that don't have ads are very expensive. (Yet notice how they still have a lot of subscribers for that premium.)

    I myself don't watch ads on television at all. Every show I want to watch, I either get via iTunes download for $2 a pop (or a season subscription), or by less scrupulous means that I don't want to go into if it's not available by any other means (wink, wink). I have a few small web sites I run for personal reasons, and I buy the hosting space at a reasonable non-free price so that I don't have to subject my visitors to a barrage of ads. I run Firefox with AdBlock so that I can avoid as many ads as possible while browsing the Internet.

    I still run across ads now and then, as they're unavoidable in society. The point, though, is that I still spend plenty my share of disposable income, companies still make plenty of money off of me, but they have to do it by actually having products of decent quality that I want or need, not by yelling in both my ears constantly.

    In other words, there is another way.

    Personally, I think the best advertising any company can have is virtually free. It's from friends who have products and tell me about them. It's from reputable website reviews that describe up-and-coming technology and products. It's from companies' own websites that provide as much real information about products I'm interested in as I need to make an informed decision. All of these things are dirt cheap compared to the billions that companies spend on radio, television and web ads that I never see or hear. Go figure.

    A better solution would be to teach children how to think critically

    Amen.

  11. Protect Me, Oh Federal Government by ml10422 · · Score: 5, Insightful

    I'm a grown-up. I don't need the Federal government to protect me from viral advertising.

    For my entire life, I've been exposed to celebrity endorsements, and the only effect has been to fine tune my bullshit filter.

    Please refund the portion of my taxes that is going to paying these guys salaries.

  12. Re:Question . . . by HappySqurriel · · Score: 4, Insightful

    A simple question in response to your question ...

    Why is important to tell people who paid for a political comercial when it was played on TV?

    The reason is simple, because it is reasonably simple to mislead people about the source and content of an advertizement. Consider the harm to a political campaign if people started making fake comercials for their opponents in order to make their supporters look stupid ("My name's Dan, and I think all these 'feminists' need is a good ing. I support John Smith because he believes a woman's place is in the kitchen.").

    As comercials move away from being in comercial breaks and billboards to product placement and blogs it is important to tell people that they're being advertized to and who is doing the advertizement.

    Consider the damage that would be done to the XBox had Sony created a fake blog on how to pick up 12 year old boys on XBox Live (and made sure that this got noticed on major news sites). If Sony got away with it, XBox Live could be killed by people's outrage.