Social Networking and Liability for Illegal Downloads


On the 16th of February 2012 the European Court of Justice (ECJ) ruled in SABAM v Netlog that online social networks cannot be forced to block users from downloading songs illegally, due to the costs burden to a company and the invasion of an individual’s privacy.

SABAM v Netlog Facts

The case involved a Belgian music royalty collecting society (SABAM) and an online Belgian social network (Netlog). SABAM claimed that the social network enabled users to make copyrighted works available to the public without SABAM’s consent and without paying any fees to the collecting society. SABAM wanted to stop the social network from allowing users to download songs and video clips from SABAM’s website, by the social network monitoring and then blocking illegal downloads.


The social network argued that it should not have to comply with such an order as this would require it to monitor the downloads of all users in order to be able to identify and stop illegal file sharing.

ECJ Decision

The court agreed with the social network and refused to make Netlog liable for the illegal downloads of its users. There were a number of reasons for this, one of which was that the analysis and processing of personal information of users via monitoring software might infringe an individual’s privacy rights. Also, obliging a social network to monitor and block downloads would disproportionately interfere with the right of the social network to freely conduct its business. In addition the court added that such monitoring might result in Netlog blocking the publication of lawful content.

Summary

This is good news for service providers and social networks located in the EU as this decision confirms that they can continue to publish content without the need for prior censorship – for the time being. 

2012 Nonprofit Social Networking Benchmark Report [Infographic]

Sponsored by NTEN, Common Knowledge and Blackbaud, the 2012 Nonprofit Social Networking Benchmark Report came out last week. This 4th annual report on nonprofits & social networks is intended to provide insights for both nonprofits, foundations and those serving this sector about behaviour and trends relating to social networking as part of  the nonprofits’ marketing, communications, fundraising, program and IT work.

Conducted between 24th January and 21st February this year, nonprofit professionals completed an online survey covering two main categories of questions:


  1. Commercial Social Networks: Looking at the use of commercial social networks e.g. Facebook, Twitter, Linkedin, Google+, etc.
  2. House Social Networks: Looking at the social networks built and managed by the nonprofits

The report summarises the 3,522 responses received and provides top insights for this year, top trends and future trends to watch, top factors for social network success as well as community size and monetary costs/gains through social network entities.

Visual.ly have designed this rather attractive and informative infographic to support the report’s findings, but of course the full Nonprofit Social Networking Benchmark Report can be downloaded for free if you want more detailed information.

It’s probably no surprise that Facebook is the most utilised network with 98% of nonprofits having a presence on Facebook in 2012 and an average community size a healthy 8,317. Twitter is the next most utilised at 72%, followed by Linkedin with 44%. It will be interesting come next year to see how Google+ and Pinterest perform for the nonprofits.

However engaging in social networks uses resource, which is one thing all nonprofits have in short supply. While 79% of nonprofits only have one person spending half or less of their time on this, and 74% allocate a budget of less than $10,000 it’s worth noting that staffing and budget levels for maintaining  social networking activities is on the increase. 

The main 2012 goals given for commercial social networking activity was “Grow our Base” at 76% and “Engage Members More” at 74%. Given the low cost of acquisition, it is understandable that nonprofits and supporting organisations are keen to maximise these channels.

Three Social Media Measurement Tools That Save Time, Money, and Heartburn.

Social media is an important component of any successful digital marketing strategy. However, with the services themselves consistently changing metrics on the back-end (like Facebook and YouTube) – how does an online marketer measure success in 2012? April Wilson, a featured blogger and CEO of Digital Analytics 101, is here to help understand how to measure, monitor, and optimize your social media marketing efforts.

First, know your limits.

I am constantly looking for new ways to cut down on the time I spend monitoring my social media. I run a start-up company and we are completely crunched for time, money, and resources. However, I play in the digital marketing space, so my online footprint should mirror that. I can’t say I’m a digital company and NOT have a Twitter or Facebook presence. Most importantly, that presence shouldn’t SUCK.

This narrows down my criteria for a tool set:

  1. I need as much information and functionality in one place as I can get. Having just one login and one interface to manage ALL my social channels is a baseline criteria.
  2. Whatever I use, it better be easy to figure it out intuitively. I budget my time at no more than one hour a day to manage social media.
  3. Finally, it has to be free or so cheap that I don’t give that line item on my credit card statement the hairy eyeball.

 

Second, I have yet to find ONE tool that does everything I want.

I know that my reality is going to be that I need to use multiple tools to do multiple functions, so the tools I use have to complement each other without too much overlapping.

This is not to say that there ISN’T a larger enterprise social media solution out there that will do what all three of my tools do. I just haven’t found it yet.

 Because there isn’t just one tool out there that does everything, I use three different tools with three different objectives:

1)      Content curation: I believe it is my job as a subject-matter expert to share research, tools, trends, and articles with my followers.

2)      Social Media Management: I measure, respond, and grow each of my social streams all in one interface with one dashboard. I don’t have time to log into 4 different accounts to get my work done.

3)      Monitoring: It’s important to understand who’s talking about your brand, and where they’re discussing you. Also, it’s important to know what your overall share is of the chatter for your industry, product, or service.

 

Step 1: Content generation.

My first priority is delivering interesting or valuable content to my followers. If I’m lucky enough to get them to follow me, then I want to make sure that I’m shooting them articles, news stories, blog posts, infographics, and op-ed pieces on whatever topic is relevant to that brand and their followers. As such, I subscribe to several industry newsletters and have a slew of Google Alerts emailed to me every day. I need to stay current on everything in my field, and so do my fans.

But I don’t want to overload them with tweets or Facebook posts. That’s a total rookie mistake – one that I am sad to say that I made once upon a time. It’s better to pace yourself and make every communication count.

Buffer is the tool to help you NOT be that annoying post-er.

I love Buffer for content curation and scheduling. It’s a beautiful thing. I mean it. The way that it works is that as you create or find content that is interesting, you click a little button (via a browser add-on) to add that content to your “buffer.” Your buffer is like a metered repository of content.

You then schedule posts to publish based on the BEST times for you. When you first set it up, it will default to 4 posts per day, scattered throughout the day, so that you aren’t over-posting and making your followers freak out. Over time, you can ask Buffer to adjust your posting schedule to optimize for the best times for YOUR audience. This enables you to publish content at the times when YOUR followers are most likely to a) see it and b) engage with it.

You can play around with the tool for free, linking 1 Twitter and 1 Facebook account. I feel in love in the first 24 hours and upgraded that same week. I pay for the “Pro” account which lets me buffer up to 50 articles at any given time across 5 social media accounts… and it’s only $10 a month which is well worth the value of the software.

 Screenshot of bufferapp analytics

(Click on image to see full size screenshot)

Step 2: Relationship Building

Now that I have interesting things to say to my fans and followers – and I’m communicating at a pace that doesn’t freak them out – it’s time to take the relationship to the next level. There are several things I want to be able to do at this stage in the game:

  1. Make sure I’m following back all of my new followers
  2. Thanking people for RT’s and follows
  3. Answering questions or leaving comments on stuff they put on my Facebook page
  4. Sharing content that THEY post that is relevant to my “tribe”
  5. Understanding the impact of social media on driving traffic back to my website
  6. Seeing all my metrics in one place, in aggregate, and by social channel
  7. Finally, monitoring chatter about key topics that interest me so I can find new fans and followers to follow and learn from – and hopefully add to my “tribe”

SproutSocial is my go-to social media management program for all of my brands.

They have a free 30-day trial – and I was hooked. I currently pay $49 a month for the service, mostly because I think it’s important to link my Google Analytics to my social streams. There’s a really nice review of the tool on Aaron Lee’s blog that goes through some of the features, and many of the things he didn’t like have been fixed in the latest release.

It meets all of the criteria on my list, and I spend about 30 minutes each morning drinking my coffee, and sorting through what’s going on with each of my brands. I communicate, measure, and monitor topics I care about for each brand, all in one happy place that has a simple user interface and kick-butt functionality.

 Screenshot of SproutSocial

Last, but not least, Step 3: Keep an eye on the competition

When I’m working for a client – even if I’m NOT managing their social media — I want to see what percentage of the conversation they’re actually getting. OR, conversely, if it’s normal for there to even BE buzz about their industry or product.

I’ve had the pleasure of using some of the enterprise monitoring tools in past jobs – tools like Radian6, Buzzmetrics, Lithium (aka Scout Labs), and Crimson Hexagon.

All of these are really nice tools, but I’m not an enterprise anymore. I’m cheap. For my purposes, Social Mention works just awesome – for free.

I can search for branded and non-branded keywords and phrases. I can filter. I can download the data and manipulate it myself. While it may not be perfect, NONE of the monitoring tools are perfect. I don’t let it bother me if, for example, my monitoring tool doesn’t pick up Twitter chatter so well – because when I’m doing an competitive analysis, it’s the same problem for any brand I’m searching. If SocialMention doesn’t pick up EVERYTHING for Lexus, it’s also not picking it up for BMW or Mercedes, so I’m not going to sweat over it.

 Screenshot of Social Mention

In sum, my core social media measurement toolkit is:

  • Content curation and scheduling: Buffer App
  • Social CRM:                                   SproutSocial
  • Competitive research:                   socialmention

I’d love to get your feedback if you’re a current user of these products… and I’m always looking for new products and services to try if you’re in love with your own solution.

KLOUT and Social Influence

KLOUT seem to have done a fairly good job (certainly from a marketing perspective) of getting themselves known as one of the places to check for a high level view of someone’s “Online Influence”.

There are many sophisticated online tools which can analyse, report and evaluate influence within your own social networks or even outwith your network. Each system has its own approach and algorithm for measuring Influence and they all vary in the way they report back on Influence metrics. I think part of the reasons for KLOUT’s success is the way they have simplified Influence down to a single score.

While it’s a useful and fast check to get a very broad picture of Influence I would never use KLOUT score in isolation when evaluating a site or individual’s Influence. I guess the problem is that many people are using this score when making assessments about your online authority and reach and (short sighted as this view may be) it is in your best interest to understand how KLOUT works and take some steps to increase your score.

The Infographic below gives some interesting detail on KLOUT such as how it measures influence and reach. It also shows a quick 5 point guide on how to increase your KLOUT score

Pinterest usage and growth US vs UK

It seems that everyone is talking about Pinterest, the latest rising star in the social networking space gaining over 13 million users in under a year.
 
The majority of the members are US based at the moment and the demographics show most of these members are female with interest in arts and crafts.
 
While the UK numbers are significantly smaller at this moment in time the demographics and the areas of Pinterest usage within the UK are very different.
 
The info graphic below demonstrates the growth of Pinterest in the UK and the US in terms of user demographic, most popular topics of interest and usage. It will be interesting to see how this social network evolves both in terms of usage and geographic growth.

Social Recruiting: Is it an Equal Opportunity Hazard?

Here is a question for all recruiters and HR professionals: If your organization relies heavily on the use of social media, LinkedIn or search tools to fill your candidate pool – Is there not a risk that you are restricting the supply of talent your business needs by overlooking the potential of the broader market? Are you also risking a breach of Equal Opportunities legislation?

I am more interested in the spirit of Equal Opportunties legislation here than the exact wording or the nuances of the law in different countries. I believe the root of all this legislation is very simple and most people would agree that everyone, regardless of age, gender, race, physical ability, religious belief etc. deserves an equal chance of being employed by you determined by selection criteria based on the job to be done… simple!

Most organizations of any stature have equal opportunity policies (they may even have been legal counsel approved)…job done…? or is there something that has been overlooked? If your process only really kicks in once you have a candidate selection pool… how are you forming that pool in the first instance?

Let’s go fishing for talent

Image of a colorful aquarium with fishThe sea is rich in life. There are species of sealife that can feed you, kill you or cure you. If I am a bit lazy and short of time it’s easy to stand on the banks of a local lake that has been stocked with trout for sportsmen just like me… Caught 7 today … All Trout!   Even if I venture away from the local trout stocked lake and onto the high seas in a boat with only shrimp bait on board it’s a fair bet that we know what we will catch.

The pitfalls of candidate pre-selection

My argument is this. Everybody (even although we try to be aware of the danger) is prone to personal prejudice. If your organzation is overly reliant on Social media and LinkedIn style talent attraction then you run a risk of having a starting pool of talent (i.e. the talent pool that becomes subject to your Equal Opportunity selection policy and from which you select your shortlist for interview) that does not represent the wider market. 

After all, not everyone is to be found on social or business network sites  – indeed I wonder if there will be a growing split in the use of these sites with millions creating profiles but also those (especially senior candidates) pulling back from them on concerns over privacy etc.  Add to this the potential personal bias of recruiters when they are searching for talented people and the concern is clear.

Social and Network recruiting – finding the right mix

There are plenty of arguments for using tailored search within Social and Specialist Network sites – the ability to identify candidates in these ways is exciting and been proven time and time again.

I run the risk here of taking the fishing analogy a little too far but remember that if you only ever fish with a few different types of bait you are potentially missing the very special, the unusual and the unknown.

Find ways to engage with those who don’t yet know you and those who simply have never signed up to the networks you are using … sometimes you need to trawl with a much bigger and different shaped net.

 

 

 

Facebook vs. Orkut in India

Three years ago in the early days of social media I wrote a blog post asking people to vote between Facebook and Orkut in regards to their favorite social network. Over 6,000 votes later, we’re still at a deadlock with nearly a 50/50 split in voting. At the time, Facebook was in the early stages of gaining momentum, whereas Orkut was extremely popular in both India and Brazil.

Recently, Hitwise launched some numbers showing the most popular sites in India. While Orkut has traditionally dominated in the social network space in India, the latest data shows that Facebook has even captured top spot (in social networking) there as well. In the graphic from Hitwise below you’ll notice that Facebook sits #3 in the top sites and captures over 5% of all visits whereas Orkut is in the number 8 spot with just over 2% (Google India and Google, well out in front with the top 2 spots).