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February 2017


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This Month's Features:

Verified Would Like to Welcome...
Google Has First Amendment Right to Remove Sites From Search Results
Events Calendar
Amtrak Partnership Gives Riders Digital Access to Washington Post
Tips & Techniques: Paid Third-Party/Sponsored Circulation


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Verified Would Like to Welcome...

Broadcasting & CableBroadcasting & Cable
New Bay Media, LLC
New York, NY
Broadcasting & Cable (B&C) is a B2B brand intended for individuals with broad-based interest in television, broadcast, cable and program syndication industries.

Electronic MusicianElectronic Musician
New Bay Media, LLC
New York, NY
Electronic Musician is the resource for musicians who want to record, produce and perform better music.

HappiHappi
Rodman Media
Ramsey, NJ
Happi – Household and Personal Products Industry is a B2B brand intended for individuals with broad-based interests in the household and personal products industries.

 


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Google Has First Amendment Right to
Remove Sites From Search Results

Siding with Google, a federal judge has dismissed a lawsuit brought by search engine optimization company e-ventures Worldwide, which claimed its sites were wrongly removed from search results.

Google's First Amendment Rights UpheldU.S. District Court Judge Paul Magnuson in the Middle District of Florida said in a ruling issued this week that Google has a free speech right to decide which search results to display.

"Google's actions in formulating rankings for its search engine and in determining whether certain websites are contrary to Google's guidelines and thereby subject to removal are the same as decisions by a newspaper editor regarding which content to publish, which article belongs on the front page and which article is unworthy of publication," U.S. District Court Judge Paul Magnuson in the Middle District of Florida said in a ruling issued this week. "The First Amendment protects these decisions, whether they are fair or unfair, or motivated by profit or altruism."

The decision grew out of a lawsuit filed by e-ventures in late 2014. The company alleged in its original complaint that Google removed 231 sites associated with e-ventures' Webmaster tools. Google allegedly notified e-ventures that the sites would be de-listed because they were "pure spam."

"Identifying what Google believes is 'pure spam,' and remedying the problem to remove the 'pure spam' designation, without any specificity from Google, is a potentially insurmountable task," e-ventures wrote in the complaint, which accused Google of engaging in unfair and deceptive practices and interfering with business relations and defamation. The company later dropped the defamation claim and added an allegation that Google violated a law regarding unfair competition.

Magnuson noted in his ruling that e-ventures' consultant told the company its sites were spam.

"In its attempts to secure re-listing of its sites on Google, e-ventures admitted that its sites were littered with doorway domains and scraped content – e-ventures told Google that its single topseos.com site contained 18,000 scraped articles, 46,000 scraped press releases, and more than 28,000 scraped job listings," Magnuson added.

He said that Google restored 50 e-ventures sites in November 2014, and that e-Ventures "abandoned" 100 others by consolidating them into a single domain.

Magnuson's ruling comes nine months after he rejected Google's request to dismiss the case at a preliminary stage.
Santa Clara University law professor Eric Goldman, who called attention to Magnuson's decision, suggests e-ventures' lawsuit should have been thrown out earlier.

"Of course Google can de-index sites it thinks are spam," Goldman writes on his blog. "It's hard to believe we're still litigating that issue in 2017."

He notes that Google prevailed in prior lawsuits accusing it of wrongly demoting companies in the search results. In 2003, a federal judge dismissed a lawsuit about that issue brought by SearchKing; in 2006, a different judge threw out a similar lawsuit by KinderStart.

© 2017 MediaPost Communications



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Events Calendar

Events CalendarNNPA 2017 Black Press Week
March 22 – 24, 2017
Washington, DC
http://www.nnpa.org

NAHP Legislative Summit
March 22 – 24, 2017
Washington, DC
http://www.nahp.org

EWIP Women's Leadership Conference 2017
March 30, 2017
Berkeley, CA
http://www.ewip.org

ACES 2017
March 23 – 25, 2017
St. Petersburg, FL
http://www.copydesk.org

NYNewspapers Spring Conference & Trade Show
April 6 – 9, 2017
Saratoga, NY
http://www.nynewspapers.com

AFCP Annual Conference & Trade Show
April 20 – 22, 2017
Louisville, KY
http://www.afcp.org

MediaXchange 2017
April 30 – May 3, 2017
New Orleans, LA
http://www.newsmediaalliance.org

If you have an event that you would like to announce,
please send your information to e-newsletter@verifiedaudit.com.




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Amtrak Partnership Gives Riders
Digital Access to Washington Post

WaPo / Amtrak PartnershipThe Washington Post has expanded its partnership with Amtrak to give more riders free, unlimited digital access to its content.

WaPo will provide free access to its digital content to riders on Acela Express and Northeast Regional trains, as well as train services that operate on the Northeast Corridor and through the Midwest, all of which are wifi-enabled.

"People want to be informed in a way that is convenient for them, so we're always thinking about the best platforms to reach new readers where they are," stated Leili Boroumand, Head of Business Development and Partnerships for the newspaper.

Previously, the partnership only gave riders on Acela Express trains access to The Washington Post's digital content.

"Amtrak, like The Washington Post, is committed to providing innovative and enhanced experiences for our customers, so this partnership was a natural fit," stated Jason Molfetas, EVP of Marketing and Business Development.

Amtrak launched its own national magazine for seat-back distribution last fall, titled The National, with a bimonthly publication schedule. The magazine is produced by British travel publisher, Ink.

The cultural magazine took the place of Amtrak's previous custom publication, Arrive, which was distributed on the Northeast Corridor line.

© 2017 MediaPost Communications

 


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Tips & Techniques:
Paid Third-Party/Sponsored Circulation

Third-Party Circulation
Third-party circulation is defined as copies sold at a wholesale price to a third party without provisions for returns. A minimum of $0.01 must be collected for each copy/subscription sold.

The third party is solely responsible for final distribution and the ultimate end recipient. Copies may be delivered to the third party in bulk and do not have to be individually addressed.

The third-party purchase of the publication must be separate from any other financial agreement between the third party and the publication. If third-party distribution is sold in conjunction with advertising, the agreement must specify the associated cost of the copies/subscriptions.

Any combination of third-party/sponsored and/or NIE circulation cannot exceed 20% of average weekly paid circulation to be considered qualified paid circulation.

Sponsored Circulation
Sponsored circulation is defined as a termed subscription or a single copy paid for by someone other than the recipient, generally for business purposes. It is not a gift subscription. Sponsored copies may not be resold. A minimum of $0.01 must be collected for each sponsored copy/subscription.

Sponsored copies do not have to be individually addressed (multi-copy/same addressee).

The sponsor's purchase of the publication must be separate from any other financial agreement between the sponsor and the publication. If sponsored distribution is sold in conjunction with advertising, the agreement must specify the associated cost of the sponsored copies/subscriptions.

Any combination of third-party/sponsored and/or NIE circulation cannot exceed 20% of average weekly paid circulation.

For the audit, please provide proof of purchase (invoice, contract, letter, etc.) for the third-party/sponsored copies detailing the number of copies/subscriptions purchased and the method of distribution (carrier, mail, USP, etc.). Please also provide proof of payment for the purchase.

If multiple subscriptions are purchased by the third party/sponsor but the publication does the distribution, the subscriber file has to indicate that they were purchased by the third party/sponsor.

If you have any questions regarding Paid Third-Party/Sponsored circulation, please contact Verified at 415-461-6006.


Please send comments and story ideas to
e-newsletter@verifiedaudit.com
or contact us at:

Verified Audit Circulation
900 Larkspur Landing Circle, Suite 230
Larkspur, CA 94939-1758
415.461.6006
415.461.6007 fax


© 2017 Verified Audit Circulation