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How Klout and Acura Plan to Steal Blogs

11 years ago
acura, klout, marketing, plagiarism, vendors
4 Comments

Klout is a site that tracks social media influencers so that advertisers can give free perks to get the word out about their products.  I’m big in Japan, so I get perks from time to time.  In inviting me to this weekend’s perk (an Acura test drive), Klout and Acura sent me an email.  Here’s one part:

5. Respect Intellectual Property Rights

Intellectual Property is the group of legal rights to things people create or invent. Intellectual property rights typically include copyright, trademark, and trade secret rights, as well as the right to use someone’s name, likeness or voice. Examples are photographs, video, music, trademarks/logos, personal names/likenesses, writings, etc.

Only use Acura intellectual property with express permission, and do not alter or modify any Acura intellectual property. Only use third-party owned intellectual property with express permission or when such use is otherwise permitted under the law (such as a “fair use”). Note, a determination that a use is a “fair use” is a legal judgment and should likely only be made after consultation with Acura’s legal team, or your own legal counsel, as appropriate.

Or to your blog.

Sure, makes sense, I can dig that. A few lines later (emphasis mine):

10. We Reserve the Right to Use the Blog Content You Create

By Blogging at the direct request of Acura, or by accepting any incentive from Acura to blog, you
agree to grant Acura and its agents an unlimited, worldwide, perpetual, license and right to publish, use,
publicly perform, copy, edit, modify, broadcast and display such Blog content, in whole or in part, in any
way, in any and all media, without limitation or restriction. You further waive any right of approval or
review of any use by Acura or its agents of the Blog content.

Awesome.  So Acura and Klout want you to respect their rights, but they don’t want to respect yours.  They specifically say they can edit and modify your work, so if you say the Acura ILX sucks, they can quote you as saying it rocks.  I think I’ll pass.

acura, klout, marketing, plagiarism, vendors
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4 Comments. Leave new

  • Allan Hirt
    July 28, 2012 10:51 am

    Why do you think my IP clauses in my contracts are very well defined? As someone who creates a lot of content, it’s this stuff that gets me infuriated.

    Reply
  • Andy Warren
    July 30, 2012 8:01 am

    Brent, I swear my first thought was that “big in Japan” was due to how tall you are!

    Lots of people get the IP wrong, and I suspect it’s not the IP attorneys that should be looking at it.

    Reply
  • Chuck
    August 7, 2012 10:42 am

    You’re just not a team player.

    😉

    Reply
  • Christian Hasker
    August 7, 2012 11:34 am

    And it is a bummer, because they make great cars. I enjoyed your Volt review and was looking forward to an Acura review. Their loss.

    Reply

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Hi. I’m Brent.

That's me, Brent.

I live in Las Vegas, Nevada. I'm on an epic life quest to have fun and make a difference.

I co-founded Brent Ozar Unlimited to help make your SQL Server go faster. I also maintain sp_Blitz® and the open source First Responder Kit repo.

My current car collection includes a Jaguar XKR-S, Porsche 944 Turbo, Porsche 356 Speedster replica, and a Ferrari 328 GTS.

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