Is it possible to kill a competitors website?

Yes. As seen with the recent Build My Rank fiasco you can buy BMR links and point them to your competitors sites and you will kill their site, and as they didn’t pay for them will not be able to remove the links, and won’t be able to file for reinclusion. Good bye competition, hello higher rankings!

Your mileage may vary. Don’t expect this to work for Wikipedia but it will for some smaller outfits.

Google has to address this as they have now created a huge loophole in their algorithms. There are several linking networks out there, BMR is just one. For a few hundred dollars you can kill a competitors site – let the mayhem commence.

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Is it possible to kill a competitors website?

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Rarotonga – Travelling Overseas For A Wedding Spot

There are many reasons people choose to have destination weddings. First, it is actually a good way to save money. Second, some people find planning a wedding that will host a lot of guests to be very stressful and do not want to go through that process. If you do decide that a destination wedding is what you want to have you will need to make sure you have a valid United States passport for any international travel you might be doing. There are tons of resorts around the world that cater to individuals that want to have a destination wedding experience. It is important to remember if you are going to be traveling abroad to have a passport. If your passport needs to be updated you can go online and take care of issues like pass port name change.

Overseas Wedding

If you do not have a valid passport you will not be able to enter any other country that you want to travel to. If you want to go overseas to have a wedding both parties will need to possess valid, up to date United States passports before they are allowed into another country. Make sure all the information on your passport is current and valid and that your passport does not show any signs of damages. If it does you may need to get a replacement passport before you depart for your destination wedding. Fortunately, there are many passport services available that offer expedited services that you can find online. That way you will ensure that you get your American passport back before you leave for your trip.

Stresses Of Normal Weddings

Planning a traditional wedding here at home can be an incredibly stressful time for people who want to get married. Choosing who will come, what the dress will be, what food to serve, it can be overwhelming for many people who are in the situation. It can quickly go from being a fun experience to being a tedious job. Many people do not know that they can avoid all of this, and save a lot of money, by having a smaller scale wedding somewhere overseas. It is important for people to understand that they can have a great destination wedding experience for less than they think.

Rarotonga

A great place to have a destination wedding that people may not be familiar with is Rarotonga. This location is part of the French Polynesian Cook Islands and is a beautiful place to have a wedding ceremony. There are many great cultural aspects that you will enjoy if you travel there. They also have many great hotels and resorts that cater specifically to couples who go there to have a destination wedding. They have great locations where people can gather to celebrate getting married.

Cost

Usually, couples dismiss the notion of a destination wedding because they think it will far exceed their budgets. However, when people do a little research, they will be surprised to see just how affordable a destination wedding can be. Airlines and hotels are offering attractive packages online for people who are looking to go overseas for their weddings. You can buy a destination wedding, everything included, for around only $3,000. Once people realize this, they may reconsider not having a destination wedding after all.

Review: Adobe Photoshop Lightroom 4

When a lot of designers and creative types think about photo editing, they think Photoshop. But the truth is that Photoshop can be way over-powered for many types of photo editing. And all those options can lead to creative overload, making it impossible to get your work done in a timely manner.

That doesn’t mean you don’t need a program that’s incredibly powerful, though…

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Google Places Comic – Acceptable Outcomes = Collateral Damage or A Direct Hit?

It is hard explaining to small businesses that when their listing merges with their competitor’s business it is a feature of Google Places NOT a bug. Well not actually a feature but a known and predicted artifact of Google’s automated merge & purge routines.

The flip side of removing duplicates is some amount of merging. The algo does not have enough granularity to clearly see that two similar businesses are in fact distinct…

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To Pin Or Not To Pin: How Businesses Can Use Pinterest And Reduce Their Legal Risks Of Copyright Infringement

href="http://feeds.feedblitz.com/~/t/0/0/windmillnetworkingblog/~http://windmillnetworking.com/wp-content/uploads/2012/03/iStock_000012057021XSmall.jpg"> class="alignright size-medium wp-image-6386" title="Red Thumbtack Pin Pinterest" src="http://windmillnetworking.com/wp-content/uploads/2012/03/iStock_000012057021XSmall-300x300.jpg" alt="Pinterest Legal Issues Copyright Infringement" width="300" height="300" />Go ahead.  Let yourself enjoy href="http://feeds.feedblitz.com/~/t/0/0/windmillnetworkingblog/~http://en.wikipedia.org/wiki/Pinterest" target="_blank">Pinterest.  Pinterest is a pinboard styled social photo sharing website on which people can share what they find interesting and connect with people in the United States and abroad.  Relatively new, this social media network is extremely popular.  In August 2011, href="http://feeds.feedblitz.com/~/t/0/0/windmillnetworkingblog/~http://www.time.com/time/specials/packages/article/0,28804,2087815_2088159_2088155,00.html" target="_blank">Time magazine listed Pinterest on its “50 Best Websites of 2011” column.  More recently, Mashable reported that Pinterest is a “top driver for retailers.”  Pinterest also has an app for iPhone, and a mobile website.  Consequently, it would be a shame for professionals and businesses to shy away from Pinterest because there are some copyright legal issues surrounding Pinterest.  However, businesses should use it by giving some thought to the images being pinned, and whether they have permission from the owner to use them, or, alternatively, believe they are protected by the “fair use” defense in the Copyright Act.

1.  style="text-decoration: underline;">Legal Challenges Facing Pinterest.

The idea behind Pinterest is to encourage users to surf the Internet and pin photos and material that they find interesting (translation:  sometimes the creative and copyright protected works of other people).   Pinterest explains the installation and use of its href="http://feeds.feedblitz.com/~/t/0/0/windmillnetworkingblog/~http://pinterest.com/about/goodies/" target="_blank">“Pin It” button as follows:

“When you are browsing the web, push the “Pin In” button to pin an image.  Once installed in your browser, the ‘Pin It’ button lets you grab an image from any website and add it to one of your pinboards.  When you pin from a website, we automatically grab the source link so we can credit the original creator.”

Notably, these instructions do not say anything about paying a royalty to the original creator or getting their permission in advance to use their image on Pinterest.  It is therefore not surprising that some people are arguing that Pinterest may not qualify for the href="http://feeds.feedblitz.com/~/t/0/0/windmillnetworkingblog/~http://www.law.cornell.edu/uscode/text/17/512" target="_blank"> “Safe Harbor” provision of the DMCA (aka “DMCA 512”) which shields website operators from copyright infringement when they are passive infringers who have taken certain steps to qualify for the safe harbor, and have not encouraged the alleged copyright infringement.

The other story circulating on the Internet concerns Pinterest’s href="http://feeds.feedblitz.com/~/t/0/0/windmillnetworkingblog/~http://pinterest.com/about/terms/" target="_blank">terms of use.   Pinterest states that users agree not to infringe, violate or otherwise interfere with any copyright or trademark of another party, and that the user will indemnify Pinterest for any  costs and attorneys’ fees from any claims.  This term of use can be found on virtually all social networking sites, and, if it has been omitted, then that site may want to update its terms of use.  Less standard, is Pinterest’s reported practice of automatically uploading and keeping in its collection (whether you later delete the image or not) a version of the image to Pinterest.

Pinterest seems to understand it has a problem.  It is offering an opt out system which puts the onus on website owners to create code to prevent their content from being pinned.  This is not a very good solution.

2.  style="text-decoration: underline;">Ways To Use Pinterest For The Benefit Of Your Business, And Reduce The Legal Risks.

Setting aside Pinterest’s possible legal problems, your business can still benefit from Pinterest.  However, your business should do so with some thought behind the legal risks.  In deciding what to pin on your online bulletin board, your business should make an informed decision on whether you want to post only material for which you have permission from the owner, or have first worked through a site such as Creative Commons, or sites that use it, including Flickr and Google.  Alternatively, you may be willing to try and use someone else’s picture, image, drawing, or art (all of which are entitled to copyright protection), and argue that it is a fair use.

The fair use defense allows use of the original work, if the purpose for using the copyrighted work is for the purpose of fair and reasonable criticism.  Some examples of fair use in the preamble to Section 107 include:  “purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.”  Federal courts usually decide fair use issues by considering the four listed (but not exclusive) factors in Section 107:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for profit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole (with Pinterest pinning, this would usually mean the entire original work but maybe with the size reduced); and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

In applying the first factor, courts will treat parody and comedic use as “criticism” or “comment” but it needs to be a comment on the original work.  Thus, borrowing a song and playing around with the words to make it funny is not necessarily a fair use if it is not being done to make fun of the song itself.  For the second factor, not yet published works would receive more protection than an out of print book.

The fourth factor is generally considered to be the most important of the four factors.  This is because href="http://feeds.feedblitz.com/~/t/0/0/windmillnetworkingblog/~http://www.copyright.gov/title17/" target="_blank">copyright law is designed to provide an economic incentive for new creative works.  A secondary use that threatens this incentive is less likely to be considered a fair use.  Thus, in the context of taking and using someone’s art, courts are likely to look at whether the post on Pinterest supplants the market for the original.  In other words, are people less likely to contact the owner to license her art.  The copyright issue surrounding Pinterest is another example of how businesses can benefit from giving some thought to the href="http://feeds.feedblitz.com/~/t/0/0/windmillnetworkingblog/~http://windmillnetworking.com/2012/01/11/social-media-business-presence-attorney/" target="_blank">legal issues surrounding their social media presence.

How is your business using Pinterest?  Do you find Pinterest helpful for improving your brand, or increasing your sales revenues?  Have any of the legal concerns surrounding Pinterest resulted in you getting off of Pinterest as some businesses have done?

This publication contains general information only and is based on the experiences and research of the author. The author is not, by means of this publication, rendering business, legal advice, or other professional advice or services. This publication is not a substitute for such legal advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified legal advisor. The author, her affiliates, and related entities shall not be responsible for any loss sustained by any person or entity that relies on this publication. The Author gives her permission to link, post, distribute, or reference this article for any lawful purpose, provided attribution is made to the author.

id="author-bio-box"> alt='' src='http://0.gravatar.com/avatar/cdf3cb8de0e5d3c8641543e11704d80c?s=80&d=http%3A%2F%2F0.gravatar.com%2Favatar%2Fad516503a11cd5ca435acc9bb6523536%3Fs%3D80&r=G' class='avatar avatar-80 photo' height='80' width='80' /> class="author-name"> Michelle Sherman  ( href="http://feeds.feedblitz.com/~/t/0/0/windmillnetworkingblog/~http://windmillnetworking.com/author/michelle-sherman/">3 Posts)

This monthly Social Media and the Law column is contributed by Michelle Sherman. Michelle is Of Counsel at Slater, Hersey & Lieberman LLP in Southern California where she is a litigation attorney representing businesses. Michelle also advises businesses on the legal issues surrounding the use of social media by them and their employees, and is the editor and author of www.socialmedialawapplied.com.

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Adwords Express Changing Ad Titles Depending on Search

Adwords Express has generally improved since its initial nationwide rollout in January of 2011 and its name change in July of last year. It was initially dogged with poor targeting and huge spikes in monthly cost per click that often made their use untenable. I have continued to test it in a range of local situations and for some low dollar value campaigns in some markets it has worked very well…

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Our favorite tweets of the week Mar 12-Mar 18, 2012

Every week we tweet a lot of interesting stuff highlighting great content that we find on the web that can be of interest to web designers.

The best way to keep track of our tweets is simply to follow us on Twitter, however, in case you missed some here’s a quick and useful compilation of the best tweets that we sent out this past week.

Note that this is only a very small selection of the links that we tweeted about, so don’t miss out…

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SearchCap: The Day In Search, March 16, 2012

Below is what happened in search today, as reported on Search Engine Land and from other places across the web.

From Search Engine Land:

  • Too Much SEO? Google’s Working On An “Over-Optimization” Penalty For That

    Google’s Matt Cutts announced that Google is working on a search ranking penalty for sites that are “over-optimized” or “overly SEO’ed…

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An explanation of Photoshop Blending Modes

One of the most commonly used features of Adobe Photoshop is Layer Blending Modes. This allows you to blend layers, or groups, together to create interesting effects.

Although there are 29 blending modes available we will be focusing on 8 of these modes.

Having a knowledge of the varying blending modes will enable you to create better images and allow you to add more effects.

The following 3 photographs will be used in the examples throughout so you can always make reference to the base images…

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The LessMoney Conference from the guys at LessEverything

If you own your own creative business, you’re probably interested in learning how to make more money doing what you’re already doing. Maybe you’re having issues closing sales, generating leads, marketing, making payroll, or other with other aspects of your business. The LessMoney Conference can help you learn to better deal with all those issues and more.

A lot of conferences out there for creative pros and small businesses are huge affairs, with hundreds of people and very little personability…

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