Related Posts

Court rules blogger is not a journalist

Last week a federal judge ruled a blogger, Crystal Cox, was not a journalist and not subject to first amendment protections. I haven’t been following the case very closely, but was a little concerned about the precedent and the liability for people like me who blog.
Reading some of the articles on the case, though, I’m less worried. This isn’t a blogger making some statements. Instead, Ms. Cox acted more like a stalker and harasser than a reporter. The judge even concluded that had she been granted protection as a journalist it was unlikely she could prevail as there was little factual basis for her statements.
Others have done better summaries of the case and the effect and I encourage everyone to read them.
Seattle Weekly
New York Times
Ars Technica
Forbes

I also discourage folks from applying this ruling to all bloggers. It’s not clear she was doing anything journalistic. I did find it interesting that some of her techniques to ruin the lawyer’s search results were defined as Search Engine Optimization. I’ve long thought SEO was akin to spam: say something often enough in enough places and you start to dominate the conversation. Not because you have anything useful to say, but because no one can get an idea in otherwise.

Read More

Less can be more and more can be more

The Wall Street Journal reports that some large retailers are scaling back their email marketing. Benefits of sending less mail include higher open rates, lower unsubscribe rates and an increase in sales.

Read More

Attention is a limited resource

Marketing is all about grabbing attention. You can’t run a successful marketing program without first grabbing attention. But attention is a limited resource. There are only so many things a person can remember, focus on or interact with at any one time.
In many marketing channels there is an outside limit on the amount of attention a marketer can grab. There are only so many minutes available for marketing in a TV or radio hour and they cost real dollars. There’s only so much page space available for press. Billboards cost real money and you can’t just put a billboard up anywhere. With email marketing, there are no such costs and thus a recipient can be trivially and easily overwhelmed by marketers trying to grab their attention.
Whether its unsolicited email or just sending overly frequent solicited email, an overly full mailbox overwhelms the recipient. When this happens, they’ll start blocking mail, or hitting “this is spam” or just abandoning that email address. Faced with an overflowing inbox recipients may take drastic action in order to focus on the stuff that is really important to them.
This is a reality that many marketers don’t get. They think that they can assume that if a person purchases from their company that person wants communication from that company.

Read More