Please Take this Poll!

I've decided to write my thesis paper for my Cyberspace Law class on the lack of transparency and "meeting of the minds" when a user consents to online Terms of Service Agreements. If you want a full history of my thoughts behind this visit click here.

I wanted to get a little outsider perspective on Terms of Service Agreements. I know a lot of people don't read them. As I stated in my last post on TOS Agreements, I think the idea of reading a long block of text is overwhelming and frustrating to users. I presented some ideas on how TOS Agreements could be improved. I've now decided to poll all my readers on their thoughts about TOS Agreement improvements since I didn't receive a lot of response from my previous post. (Now you can answer anonymously and easily.)

(Click the image to enlarge preview.)




:) Thank you for taking the time to fill out my poll! I appreciate it immensely!

Too far? AMP Before You Score Pepsi App

I write this post with some hesitance. I say that for two reasons. One, because I find the new AMP Before You Score Pepsi App rather distasteful and offensive. Two, because SERIOUSLY!? Just watch this video.



Just the name of the application is disgusting! Before You Score!? Stereotyping women is pretty sleezy, but then keeping track of them on your "Brag List" is even sleezier. Ew.

Here's a quote from the different stereotypes and an explanation of the application. Jezebel's Post on the iPhone app.

Here's how it works:

1. Identify Her Type
Got your eye on a girl, and aren't sure how to get started? Pick out her profile, flip the card, and study up quick with a cheatsheet on the stuff she's into, with lists, links and some surefire opening lines. (Surefire to what, we won't say.)

2. Keep a List
Get lucky? Add her to your Brag List. You can include a name, date and whatever details you remember.

3. Brag
You got it? Flaunt it. Keep your buddies in the loop on email, Facebook or Twitter.***

Here's who you get:
Artist
Aspiring Actress
Athlete
Bookworm
Businesswoman
Celebrity
Cougar
Dancer
Foreign Exchange Student
Goth Girl
Indie Rock Girl
Married
Military Girl
Nerd
Out-Of-Your-League Girl
Political Girl
Princess
Punk Rock Girl
Rebound Girl
Sorority Girl
Treehugger
Trouble
Twins
Women's Studies Major

*** It's not clear from my experience with the application that it actually lets you post anything to Facebook or twitter. This could be a feature maybe integrated later? Which then could have very real and possible legal consequences.

I downloaded the application, because I don't believe in ranting about something unless you've used it. So here is my review:

• The graphics are cool.
• The application is smooth and easy to understand. (Small learning curve for small minded men.)
  
• The information on the flip side of each stereotype is creative. Ex: Business News on the flip side of the Business Woman Stereotype and Wikipedia Page describing Picasso and his work on the flip side of the Artist Stereotype. There's also a map feature to look up venues where the stereotyped woman and you might hang out. (I guess that's useful for date ideas)
• But my question is: Why are you dating someone you have nothing in common with in the first place?

The wisest of men would know and realize that no woman is so easily categorized. In fact, men who actually are the "cool guys" don't use applications like these to decode the female gender. They know that common interests mean more than reiterating random facts on Picasso's life found on Wikipedia page.

How pathetic are the men who download and use this application? Do you really an iPhone application to help you get a date? Is it really so difficult to find a woman who likes you for you? Is it so difficult that you have to try to illy stereotype every woman you meet and look up random facts just so you can hold a conversation with her? How sad is it that you have to hijack the interests of the girl you're hitting on and pretend your interests are the same as hers?

I guess there's no real legal harm in an application like this - it's just offensive and pretty pathetic. It's kind of disheartening. I've been racking my brain all night trying to think of a cause of action, but the only thing I can think of is if that Brag List became public. Even then, the only cause of action I can think of would be Libel/Slander or Defamation. However, the Brag List would have to be spread to the public (i.e. Facebook, Twitter, word of mouth, etc.)

As I noted above, my application doesn't have any functionality for syncing with Twitter or Facebook as suggested in the quoted material. So I can't see any legal claims if the names of individuals is stored in a list format on a phone and used solely for personal use. Any ideas for other legal claims I might have missed?

Needless to say, this application makes me seriously question the quality of men out there. If men have to resort to such low techniques to start up a conversation with a woman, then there really is no hope.

Video Legal Marketing, Like a Solid Handshake?

Legal Marketing Done Different

Have you ever looked for an attorney? Did you open the yellow pages? Phone a friend? Google Search it?

Looking for an attorney can be an overwhelming experience because there are so many choices. There are a dozens of listings for lawyers in the yellow books and in online search results. It can be difficult to find one who makes you feel comfortable and fits your needs. If I were a client, my number one priorities would be trust and confidence that my attorney had my interests at heart. That's why I am not completely opposed to the a new online legal marketing service called LegalTube.

LegalTube is an online video service that allows law firms to upload marketing videos to its site. The website is divided by areas of law and allows users to search by state or by city and state for a lawyer in the client's area. The website also features lawyer jokes, lawyer stories, original webisodes, a hot topics section, an expert Q&A section, an off the record section and links to other legal resources on the web.

Interrestingly, the website caps the Find a Lawyer function at four attorneys per location per practice area. For example, if a client is searching for an IP attorney in Alabama, he or she will not be bombarded with 50 text listings. Instead, the client will see four available attorneys in Alabama - in this case, there is only one IP firm currently advertising with LegalTube in Alabama: Bradley Arant Boult Cummings LLP. For the visual learners, here is their video:


If I was a potential client, I would love the idea of a service like LegalTube. One of the key factors I would be looking for when searching for an attorney would be that I could trust my attorney and that I would be confident they had my interests at heart. Services like LegalTube would allow the clients to get a preview of what a consultation may be like with an attorney before actually sitting down face to face.

The next thing I am about to say is a bit cliches, but I have to say it. Where I grew up (Texas), first impressions mean a lot. Trust is built on something as simple as a handshake and your word. I don't think Texans are the only people who think this way either. A large percentage of the population places trust in something a simple as a face to face conversation. If LegalTube can offer the first building blocks for establishing trust between a client and attorney, then why not market your legal services with them?

Criticisms

However, Rex Gradeless pointed out a few criticisms that I found particularly compelling that I thought should be shared with you all.

First, many state bar associations have rules requiring attorneys place disclaimers on online advertisements. LegalTube fails to address the varying state bar association requirements for legal advertising and does not indicate which states allow for online video advertising.

The terms of service state:

The information on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whasoever, for any indivdiual or company should not be relied upon in that regard.

The services described in this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made avaialbe to LegalTube, LLC and such informaiton should not be relied upon as all-inclusive or accurate.

Second, there are other online video sites directed at attorneys. Such as the VideoVenue, which allows lawyers to upload videos concerning current topics for discussion and debate in the legal field and funn videos pertaining the the law. See this video for an example:



Also, websites like the Legal Broadcasting Network, offer a website dedicated to promoting lawyers in the media and boast a larger audience base for online legal video.

Finally, YouTube and Vimeo have a large stake in the online video market with millions of viewers.

The Criticisms to Consider and the Ones to Ignore

First, it is true that a few of the bar associations are very strict about legal marketing. Here's a post by a fellow law blog talking more about legal ethics and online marketing and networking sites. It's smart to always check the rules of ethics in your state before performing any form of legal marketing - especially on the internet. In this instance, Rex is right - double check everything. Heed his advice.

Second, although both these sites offer a greater audience, their marketing message is not the same as LegalTube's message.

Unlike the Legal Broadcasting Network, which focuses mainly on branding lawyers as legal experts for commentary purposes, LegalTube focuses on legal marketing between clients and lawyers in a one-on-one atmosphere. I get the impression that LBN is talking at me, instead of talking to me. Whereas, LegalTube seems more focused on the relationship between the client and the attorney.

Also, LegalTube is for legal marketing, whereas VideoVenue seems like a site targeted at casual conversation between lawyers, not legal marketing . The only similiarity between the two sites is the legal jokes, webisodes and lawyer stories. However, LegalTube seems to be more focused on attorney-client building and expert Q & A by location.

YouTube and Vimeo do not cater to the online community. Both websites offer a huge audience base, but offer no way for an attorney to separate his or her firm from the rest. The idea of a huge audience base is enticing, but what chances does a legal marketing video have against the latest and greatest most popular YouTube video? Not a very strong chance.

I am a fan of LegalTube because I think it's tapping into an old market in a new way. It offers unique features that aren't available anywhere else. I like the idea of being able to get a face to face preview of a client consult and the features that allow me to search for a lawyer by practice area and location. Maybe YouTube does offer a larger audience, but a large audience is pointless if nobody is listening.