Contributing Writers | AMERICANS FOR INNOVATION | Updated Feb. 22, 2013 | PDF
Notice to Readers:
Facebook is censoring Leader v. Facebook discussions. Learn more.
Facebook is censoring Leader v. Facebook discussions. Learn more.
|Should social media users boycott advertisers|
until the industry fixes their licensing with Leader?
Image: From Crackovia TV, Barcelona, Spain
Bernie-Madoff-like Leader v. Facebook Cover-up in Wash. DC?
(Update Feb. 22, 2013)—DC Bar Deputy Counsel Trish Harris again "declines to investigate" the complaints of judicial misconduct in Leader v. Facebook (click here for AFI editorial and copy of Ms. Harris' letter PDF also HTML here). She refuses to take even a step toward the evident misconduct involving two of the three judges in the Leader v. Facebook case. Those judges actually held stock in Facebook while Facebook went public during the case. This does not even account for the court's refusal to disclose any family members who invested in the Facebook IPO. The Code of Conduct for U.S. Judges and Judicial Employees (ethics rules) say they are not allowed to do unless those judges and court employees disclose their conflict of interest and disqualify themselves from all involvement in the case. The more the Washington legal community tries to cover this up, the more this controversy grows.
Ms. Harris did not say she would not investigate, she just "declined to investigate." What's that? "Boss, I didn't say I wouldn't do my job, I just decline to do my job." Does any thinking person believe that NONE of the Federal Circuit judges and their extended family members invested in the Facebook IPO? Didn't think so. This fact alone, as a matter of law, discredits the Federal Circuit decision in Leader v. Facebook.
Ohio citizens demand action from their media
Update (Feb. 21, 2013)—Ohioans too are calling on their local media to start investigating the Leader v. Facebook misconduct and support their own. They highlight the hypocrisy of WBNS10TV (CBS) depending upon Facebook for their audience ratings, while ignoring the injustices being done to their own Ohio inventor and visionary. Here are flyers now being distributed in Ohio: (1) WBNS10TV (Columbus), (2) NBC4i.com, (3) WSYX-ABC6 and (4) FOX-28. AFI recommends that readers send these links to other Ohio media and opinion makers, including Ohio Governor John Kasich, who just announced his Jobs Ohio initiative.
AT&T, AMEX, State Farm, P&G and Allstate shareholders asked to take a stand against Facebook piracy
Update (Feb. 19, 2013)—AT&T is the #1 advertiser on Facebook, AMEX (American Express) is 9th, P&G (Procter & Gamble) is 12th and State Farm is 15th. Their shareholders are being called upon to support innovation and take a stand against Facebook's piracy. The grassroots movement Responsible Shareholders United says boycotts are next if the social media industry doesn't do the right thing. Here are the flyers:
- AT&T (largest advertiser on Facebook) Investor relations
- American Express (AMEX) (9th largest) Investor releations
- Procter & Gamble (P&G) (12th largest) Investor contacts
- State Farm (15th largest) Contact State Farm Bank | Insurance | Mutual
- Allstate (29th largest) Contact Allstate
Albuquerque, New Mexico (Feb. 15, 2013)—Advertising executive Erik Lohmeier, past chair of the Council of Governors, and current chair of the Knowledge Center for the American Advertising Federation (AAF), says that advertisers and users of social media should start licensing from Leader Technologies their use of social networking. See his analysis below.
Lohmeier’s premise and questions are straightforward:
- Social networking had a beginning.
- If that beginning was intentional, it deserves proper credit.
- Leader Technologies holds multiple patents and copyrights on social media.
- A federal judgment says Facebook is “literally infringing” Leader’s patent.
- The entire “social” industry is probably infringing by inference.
- The advertising industry now meticulously credits creative works from artists, cartoonists, illustrators, musicians, producers, editors, etc.
- Big software companies like Microsoft and Adobe get licenses.
- Small business innovators deserve the same protections.
Microsoft supports anti-piracy... only when their rights are abused?
AFI asked Lohmeier why the advertising industry has not investigated this elephant in the room, Lohmeier replied, "We make purchases based upon numbers of impressions that can be validated. That's it. We don't normally dig deeper. If the impressions are validated, we buy accordingly." AFI then asked why questions have not been asked about how Facebook acquires its impressions, he said, "We accept the representations of the provider in good faith. We wouldn't normally know if a provider has acquired their customer data improperly."
Lohmeier was asked if the industry's good faith toward Facebook has been misplaced, he said, "Yes, having followed Leader v. Facebook closely, there's no question in my mind that social networking was invented by Michael McKibben and Leader Technologies and not Mark Zuckerberg and Facebook." Asked if this fact changes his view of social media buying, he said, "Most definitely. We're at great risk as an industry until we do right by Leader." He continued, "if we forced every idea creator to file a lawsuit to protect his or her creations, our creative industries would grind to a halt. We must choose to do the right thing regarding licensing, without waiting for lawyers and courts who often get it wrong anyway. Facebook knows what the right thing is. Sadly, it appears that they must be forced to do it."
AFI reached out to Facebook for comment, but they did not return the call as of press time.
Leader Technologies Chairman Michael McKibben said, "Microsoft made a huge push to stop software piracy years ago. I supported them in that effort. It's the height of hypocrisy for them to now support and encourage Facebook's infringement of Leader's creative works. They are one of Facebook's largest shareholders and advertisers."
|Is "social media" a house that advertising built|
on shifting intellectual property sand?
Lohmeier emphasizes that the huge investments being made in social media are at risk until this important intellectual property licensing matter is resolved. Otherwise, app builders and advertisers are all investing in a social media house built on shifting sand.
Here’s Erik Lohmeier’s analysis:
Erik Lohmeier. "Intellectual Property Obligations of Social Media Purveyors and Consumers." ANALY...
Also download at GoogleDrive (click here).
Also download at LeaderDrive (click here).
Start thinking about alternatives to these brands
According to The Wall Street Journal, Facebook's "Top 50" largest advertisers in order of amount of advertising were (Source: comScore, Nov. 2, 2011):
- Experian Interactive
- Walt Disney
- American Express
- Procter & Gamble
- General Motors
- Weight Watchers
- State Farm
- Blizzard Entertainment
- JP Morgan Chase
- Capella University
- TransUnion Interactive
- Capital One
- Apollo Group
- Privacy Matters 1-2-3
- Time Warner Cable
- Starwood Hotels & Resorts
- GEICO/Bershire Hathaway
- General Mills
- Deutsche Telekom
- Full Sail
- Time Warner
- Radio Shack
Start thinking about alternatives to the providers listed above, if we have to start boycotting to "encourage" the social media world to respect Leader Technologies, the creator of the very intellectual property upon which it depends.
Here are 15 opening suggestions to start thinking about what you, your friends and colleagues can do to put teeth into this boycott:
- Boycott #1 MOBILE ADS: Do not click on mobile ads.
- Boycott #2 WEB ADS: Do not click on the ads that appear on a friend page, fan page, timeline, wall or news feed.
- Boycott #3 BOOTLEG MICROSOFT AGAIN?: Start using bootlegged copies of Microsoft software again? (Microsoft is represented by Facebook's attorney Gibson Dunn LLP and is a very large Facebook shareholder. They are also a director of The Federal Circuit Bar Association (FCBA). Unjust backroom "old boy" games were played at the FCBA in the Leader v. Facebook case?) (Revive Bootlegging Rationale: Microsoft is not supporting Leader Technologies intellectual property rights, so why should their rights be supported either? Apparently they don't care anymore?)
- Boycott #4 AVOID BRANDS: When you have a choice, do not choose a Top 50 brand (above). Make sure you tell the vendor why you are not choosing these brands. That word will eventually bubble up to the offending brand executives who hate such uncertainty (so do their shareholders)?
- Boycott #5 DELAY PAYMENTS: If you owe the brand money; delay payments; force them to spend money to collect it. This lowers their profits due to the extra collections costs? All quite legal. Be sure to tell the vendor why you are in "go slow" mode.
- Boycott #6 ENGAGE FRIENDS & COLLEAGUES: Ask members of your church, synagogue, mosque, meeting hall to join the boycott?
- Boycott #7 WRITE CONGRESS: Ask your state and federal congresspersons to introduce legislation in support of Leader Technologies' constitutional rights?
- Boycott #8 STOP DONATING: Stop donating to causes that are endorsed by the brand. Tell the charity why you are stopping your donations?
- Boycott #9 SIGN PETITIONS: Sign Leader Technologies' petition and get your friends to; complete Erik Lohmeier's Licensing Equality Survey.
- Boycott #10 STOP USING FB, MS, LINKEDIN, ETC: Stop using Facebook, LinkedIn, Zynga, Instagram, Microsoft or any other apps running on these platforms for anything other than to publicize the Leader v. Facebook judicial corruption scandal. Tell them why you are logging off for good?
- Boycott #11 STOP SHOPPING AT WAL-MART: Stop using products from companies funded by Facebook directors James W. Breyer and his venture capital company Accel Partners. Stop shopping at the likes of Wal-Mart where Facebook's director James W. Breyer is also a director during the Mexican bribery scandal? Tell Wal-Mart why you are stopping?
- Boycott #12 PUBLICIZE MISCONDUCT OF LEADER V. FACEBOOK JUDGES: Publicize the misconduct of these judges at every opportunity?
- Boycott #13 PUBLICIZE MISCONDUCT OF FACEBOOK STAKEHOLDERS: Publicize the misconduct of Facebook stakeholders at every opportunity?
- Boycott #14 PROTEST SUMMERS, SANDBERG, MILNER, HOFFMAN, ANDREESSEN, THIEL, DAVIDSON (FENWICK), BREYER, GATES, BALMER (MICROSOFT): Take every opportunity, where these Facebook puppet masters appear in public, to mock and ridicule their malevolent conduct that is so destructive to our democracy and morality (Lawrence Summers, Sheryl Sandberg, Yuri Milner, Reid Hoffman, Marc Andreessen, Peter Thiel, Gordon Davidson, James Breyer, Bill Gates & Steve Balmer (Microsoft))?
- Boycott #15 STOP USING CROOKED BROKERS & LAWYERS: Stop employing the likes of Goldman Sachs, Morgan Stanley, State Street Corporation, Fenwick & West LLP, Cooley Godward LLP and Gibson Dunn LLP who are destroying the underpinnings of our democracy?
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