• Upward mobility. These days, Facebook videos, taken as a whole, are receiving a total of one billion views a day, and at least 65% of those views are occurring on mobile devices, Facebook VP of global marketing solutions Carolyn Everson noted at a recent Advertising Week panel discussion. Indeed, over the past two years, there’s been an astonishing 532% increase in watching videos via mobile devices, including tablets. That means that advertisers now have the key challenge of creating digital video content that invites engagement by consumers across platforms and devices. People are carving out moments during their everyday activities to consume media via mobile, and advertisers will want to take this into account in planning their campaigns.
  • Blue platform, red platform. Is your choice of social media platform a clue to your politics? A current survey suggests that it might be.  For example, according to the survey, Pinterest fans are older and wealthier than users of other major platforms; hence, they tend to be more conservative than the average Internet user. On the other hand, Twitter aficionados are more interested in politics than most people—and also more liberal. Facebook is the most politically neutral, on average, perhaps because it is so large that pretty much every group is well represented. It will be interesting to see if these findings, released by Quantcast, have an impact on online advertising strategies.
  • Troublesome tweets? In the upcoming high-profile retrial on sentencing issues of Jodi Arias, the Arizona woman who was convicted in 2013 of murdering her lover in 2008, the defense has moved to dismiss on several grounds the prosecution’s intent to seek the death penalty. The defense alleges, among other things, that a police detective’s wife improperly tweeted sealed trial information and uploaded “insulting videos” to YouTube. The trial is set to start on October 20.
  • Pin Money. Brands of all sizes have long used the virtual pin board/social media site Pinterest to promote their wares and drive traffic to their web sites. Beginning in October 2014, companies will be able to purchase paid advertisements on the site as well. Pinterest announced plans to make “Promoted Pins” available to more than just the handful of big brands that have been helping the company to test its ad product since last fall. The company expects to ultimately offer advertisers pay-per-click arrangements like the ones available to purchasers of Google’s sponsored search results, and is amending its privacy policy to state, among other things, that Pinterest may collect information about its users from its advertisers and in connection with its advertisers’ websites and apps.
  • Benched judge. Michael Maggio, a state trial judge in Arkansas, was removed from the bench by the state’s highest court after he acknowledged posting confidential details about court cases in social media outlets. The judge was handling a closed adoption involving actress Charlize Theron, and he admitted posting private facts about the case. After a report by a state judicial-discipline commission, he was removed from the bench and prohibited from handling any judicial office in the future. He was found to have violated at least 23 strictures that apply to sitting judges.
  • Sweet tweets. According to a study conducted by Twitter, the Twitter accounts of members of casts of television shows get a 228 percent increase in followers if the actors live-tweet their shows. This follows other studies that indicate that TV ratings can go up as a result of live-tweeting. Grey’s Anatomy and Scandal, both originated by Shonda Rhimes, are among the shows that have gotten major boosts from the social network.
  • Is Tumblr trendier? A survey released by Tumblr says the users of that social media platform have higher average incomes than users of Facebook, Twitter, or Pinterest, and a report from Adobe says that this translates into cash: The average revenue per visit from a Tumblr referral is $2.57 on tablets and 67 cents on smartphones. Both figures are higher than the numbers for Facebook, Twitter, or Pinterest.  According to an Adobe digital analyst, “the fact that [Tumblr] produces the highest revenue per visit from mobile devices is likely due to its user base, which is skewed to young, trendy and well-educated urbanites with a greater affinity for online purchases and the disposable income to spend more.”
  • Come together. At a tech conference in San Francisco on September 15, Facebook announced that it, along with Google, Twitter, Square Inc., and other companies, is launching an initiative to jointly develop software programs that can be shared for free. This move has a great deal in common with Facebook’s strategy of offering its technology, including hardware technology, to other companies in an effort to reduce the costs of development and broaden Internet use. Facebook’s Open Compute concept, unveiled in 2011, already permits it to share the designs for more efficient products such as servers and network switches.
  • Expert needed? How esoteric are forensic methods of technologically linking a person to an online video in a criminal case? A New Jersey man was on trial for invading his ex-girlfriend’s privacy by posting nude pictures of her on Twitvid.com, a video-sharing service. Through several steps, a police detective was allegedly able to tie the uploading of the photos to a particular IP address that was linked to the defendant. The defense objected on the grounds that these technical aspects were not fully understandable to the average juror and required an expert witness to present them. The trial judge, as well as a New Jersey state appeals panel, agreed that a hearing was necessary to consider the nature and extent of the detective’s evidence and whether she was qualified to testify about it or whether an expert was needed.
  • In-tweet purchases. Twitter is testing the ability for its users to make purchases directly from tweets. The popular social network is working with a number of sellers, nonprofits and artists—as well as a small handful of social shopping and e-commerce platforms—to test “in-tweet purchases,” which will enable users to hit the “Buy” button straight from a tweet and compete a purchase in a few taps. This new functionality is only available to a small percentage of Twitter users for now, but availability is expected to broaden over time.
  • What’s the password? Back in 2012, we reported on then-new section 980 of the California Labor Code, which restricts employer access to “personal social media” (including usernames and passwords) of employees and applicants for employment. SFGate reports that, regardless of section 980, many state law enforcement agencies still require the disclosure of social media passwords, taking the position that the law only applies to private employers. Some California lawmakers are trying to close this apparent loophole through new legislation.
  • Get me one of those Trapper Keepers! It’s that time of year again, when kids head back to school and parents head to the stores for school clothes, school supplies, and much more. The National Retail Federation estimates that spending on back-to-school shopping will reach nearly $75 billion this year—and according to Crowdtap, a remarkable 64 percent of shoppers say that social media will play a role in their decisions on what to buy, with nearly 40 percent of those shoppers looking to Pinterest for deals and discounts.

Pinterest is 2012’s “most talked-about” social media platform and one of the fastest-growing standalone websites in history.  By tapping into the enthusiasm for gathering and presenting images that have been pulled from across the web, Pinterest has created a powerful content sharing platform – and has provoked strong objections from copyright owners.  Companies that are considering whether to promote their brands and products using Pinterest should understand the best practices for analyzing and mitigating these legal risks.

Please join John F. Delaney of Morrison & Foerster LLP for a one-hour audio briefing hosted by Practising Law Institute (PLI). Participants of this program will learn:

  • Pinterest’s history and explosive growth
  • How corporations are using Pinterest to interact with customers
  • How the Pinterest platform works
  • Copyright law concerns raised by use of the Pinterest site
  • Key online contract law considerations for Pinterest users
  • Risk reduction strategies for your company or clients

For more information or to register, please visit PLI’s website here.