Legal Concerns

Introduction

Follow Per Click is a new technology and approach to digital marketing. Follow Per Click presents a unique model of sharing content and also some potential concerns. This document addresses the most common of these concerns: the legal relationship and liability of using Follow Per Click with regards to the underlying webpage’s copyright.

Copyright

Copyright is involved with any replication, duplication or transmission of copyrighted content. While Follow Per Click may appear at a superficial layer to be involved in this transmission, our system is setup to utilize industry-standard protocols to avoid the transmission of any other website’s content. Follow Per Click uses iframes, a standard web technology which allows permits websites to embed other websites in a seamless manner. This allows a number of useful applications, including common social ‘share’ buttons found on many webpaages. Our ‘full-screen’ iframe implementation is not without precedent either. A number of high-profile websites use iframing to add ‘toolbars’ or ‘headers’. About.com and StumbleUpon are good examples of websites that use 3rd party iframing (for an examples, see [1]) This protocol has an easy and industry-standard method for websites to ‘opt-out’ and block being embedded in other websites. This ‘opt-out’ is done through an HTTP Header (X-Frame-Options). Any requests by websites are enforced at a browser level and Follow Per Click detects and complies with any such requests. We do not evade or attempt to circumvent any such ‘opt-out’ requests. There is some legal precedent for framing content from third party websites utilizing the X-Frame-Options protocol. In 2006, the US District Court (California) found Google could legally iframe image thumbnails hosted on external domains [2]

Misrepresentation

Misrepresentation and endorsement concerns have been a constant challenge in online advertising. The concern revolves around the potential for a user to see an advertisement on a website and think that the website or its operators endorse the content. Industry groups and advertising associations have setup standards for online advertisers to ensure the clear separation of editorial content and advertising. Follow Per Click complies with these guidelines. Most prominently, you will see disclaimer notices on call-to-actions specifying that the underlying website is not endorsing the advertisement. This is present on all Follow Per Click call-to-actions except for those on publisher’s owned content.

Publisher Relations

At Follow Per Click, we make an effort to partner with major content websites and publishers who we drive significant traffic to. We enable them to access a dashboard to see how links to their websites are performing. We work with publishers individually to ensure they see the benefits that Follow Per Click links drive to their website. If publishers are not satisfied with Follow Per Click, we offer the ability for publishers to opt-out entirely.

Further Information

If you have any questions, please contact us at legal@FollowPerClick.com Sources

[1] http://crochet.about.com/library/n101903.htm > click on ‘www.templetons.com/brad/copymyths.html ‘

http://www.stumbleupon.com/su/3vvpsx/44tf8h_l:MwGhmRq1/lifehacker. com/5987998/top-10-things-you-can-upgrade-with-a-little-electronics-hacking [2] http://scholar.google.ca/scholar_case?case=16371433634058326226&hl=en &as_sdt=6&as_vis=1&oi=scholarr&sa=X&ei=s8tPVLiPIHtoATs9IKgDw&ved=0CB0QgAMoADAA