Max D Spilka & Traffic Power Cease and Desist Letter

A while back I got a cease and desist letter from Traffic Power, citing an obscure federal law about hacking information systems which seemed less than relevant to my websites.

The only way I could have complied with it is if I shut my site down and gave them contact information of everyone I have ever contacted. Since it was impossible to comply without destroying my business model and potentially getting my friends and customers spammed or cold called I asked a friend about the situation.

A well known friend (I am not sure if he wants to be identified, but he knows who he is and to him I say thanks) asked them some questions, like why there were no specifics in the letter, etc. and Traffic Power backed down from their cease and desist position.

I have been told that other people recently got similar letters and I am not too pleased with the bully activity. When are these people going to learn? The whole reason I took well to the web is that it allowed me to avoid that sort of crap.

Some other sites have already caved to pressures from Traffic Power, but it is not something I intend on doing anytime soon. A copy of the cease and desist letter which now hangs on my wall is posted in the extended portion of this entry. Max D. Spilka, Chtd.
Attorney at Law
830 West Sahara Avenue, Suite 290
Las Vegas, Nevada 89117
Telephone (702) 933-5400
Fax (702)227-0799

June 10, 2005

(Via Certified Mail #7005 0390 0001 2059 5176 and U.S. Mail)

Aaron Wall
SEO Book.com
144 Dahlia Drive
State College, PA 16803

Re: Software Development and Investment of Nevada dba
Traffic-Power.com ("Traffic Power")

Dear Mr. Wall:
This office represents the above-named Traffic-Power and related
companies. It has come to our attention that on a website you control,
namely www.SEO Book..com, proprietary and confidential information
related to Traffic Power's business has been published. The published
information violates the Electronic Communications Privacy Act, 18
U.S.C. Sections 2510-2521, and is subject to certain contracts between
Traffic-Power and its former and/or current employees. The published
information has been pirated from Traffic Power and you have obtained
the information illegally, all of which you knew or should have known.

You are to cease and desist immediately from the same or any similar
activity. In the event you fail to do so, Traffic Power is prepared to
initiate litigation to obtain an injunction to enforce its rights. In
addition to obtaining an injunction, Traffic Power intends to seek
redress for any legal damages sustained, which damages could exceed
the sum of $1,000,000.00.

Finally, consistant with recent court rulings you may now be obligated
to disclose the source(s) of your information. Accordingly, within ten
(10) days of this letter, you are to do the following:

1. Provide a list of the sources of your information complete with
name, address, and telephone number; and,
2. Remove from www.SEO Book.com website all information relating to
Traffic-Power.

Your failure to do so will result in initiating the aformentioned litigation.

Govern yourself accordingly,

Max D. Spilka

MDS/kd
cc: Traffic-Power

I Disagree...With Mike Grehan & Jakob Nielson

Hopefully Mike still likes me, but I disagree with this snippet from his second part of the Could PageRank Possibly be any more OverratedTM? series:

If I'm paying for links, I want a lot more tangible evidence from the site owner. I want stats that tell me how visible the links are across all major search engines, how much traffic they send, and how much traffic they attract overall. I want to see the site owner is a savvy online marketer and is an authority in his community or is developing a presence as such. I need to know he understands and uses analytics to provide tactical data. This is sound, useful marketing intelligence. It's a lot more important to me than a meaningless 4 or 5 in a little sprinkling of green fairy dust above the pages.

Sure if you are paying a ton of money you want to have some evidence backing up the link price, but due to my business model (which lacks recurring revenue) I am willing to take gambles buying many cheap links knowing the owner may not realize the value of them (something like US Web does, but usually with a bit more tact).

Most webmasters know nothing about tracking and most successful web based businesses can not compete with the largest ones on all aspects, and thus must look for market inefficiencies to help market their sites until they tap viral marketing and their business models mutate to become more competitive with the industry leaders.

I would prefer to buy links from people who may not necissarily understand the market value of their links. I don't want the average link selling webmaster to be marketing savvy. Think how bad it would suck if you had to pay full market value for every link you bought. It would end up becoming a zero sum market like AdWords.

I bought links which quickly increased in price by over 300% for anyone who followed. A few times I did it based primarily on PageRank because I knew to have PR8 internal pages the site had to have solid connectivity data, but most of those type of link buys were over a year ago and when I did it the linking page were typically virgin and this site was a bit (maybe a lot) more obscure than it is today.

Of course due to many people reading these blog posts and looking through linkage data that sort of stuff does not last very long if I get those types of links for this site (which is perhaps a good example of why it is sometimes better to dominate low key categories than to try to compete in overtly competitive high profile ones).

I helped a friend market one of their websites, which only retails one type of product for one manufacturer, and on under $1,000 a month ad spend their site sells well over twice as much as this one does (and their site does not have much original / unique / compelling content).

I have been a bit lazy with link building recently, but for a while I was in the top 10 of Google for SEO (currently #7) & search engine marketing (currently #15) with 2 different sites on well under $1,000 of monthly link spend, due in large part to buying or renting low power links for under fair market value.

The most powerful links are no doubt worth a pretty penny to many business models, but sometimes it is just cheaper to give those people a good reason / excuse to link at you instead of trying to buy ads, and if you can't do that then the links may not be worth buying if you have to pay full market value for them.

Outside of SearchEngineWatch, DMOZ, & Yahoo! this site has few on topic high power links from official type resources. I have bought or rented:

  • many cheap on topic links from low power sites

  • a few off topic links from sites with great webwide connectivity

and this site ranks well for a wide variety of search related terms without significant ad spend.

***Disclaimer: I am not saying my time is an unlimited free resource, but am saying that spending a bit of time finding underpriced links may be a better link buying route than expecting webmasters to come up with numbers and justifications for expensive link prices.***

While I am still feeling obstinate, Jakob Nielson disses Amazon's usability, also calling contextual ads on merchant sites crap:

Amazon spends about two inches of each product page advertising other websites. Although this generates revenue, the average e-commerce site should be ashamed if it can't make far more money selling to a hot lead who's already investigating one of its own products. Amazon's position as the default place to buy books is so strong that it can afford to send shoppers off to other sites, knowing they'll return later and buy the book anyway. You can't make the same assumption. Sell to your prospects, rather than throw them away.

Many people have stated contextual ads provided a low effort passive income stream without doing much damage to the main income streams. The only way you can be sure whether or not ads are right for your sites is to test.

Jakob should probably step away from his ideals and visit a bit of reality before calling good business logic a shameful activity.

Video Games that Teach You Marketing

Not entirely search related here, but some good marketing, etc. (and of course the games are fun)

Grand Theft Auto

An uproar over hidden, sexually explicit scenes in the video game "Grand Theft Auto: San Andreas" spread to the halls of Congress on Monday.

How much marketing $$,$$$,$$$.$$ is THAT exposure worth? Games are already going for over $70 on eBay.

Psychonauts
You run around as a kid learning various psychic tricks, and you jump into the minds of various people to collect their thought figments, clear their mental cobwebs, and fix their problems.

If you pick up some of the trends it may make it easier to see what drives other people to do things, which would make link requests, writing linkable articles, and creating linkable tools much easier. Psychonauts is amazing.

What other fun video games help teach good marketing?

Friday Special: Peter D...Interviewed

I am a big fan of Search Engine Blog, and wanted to ask Peter a few questions about search, blogging, pants, and the web (ish). He knows the search world inside & out. He was one of the earliest search optimists who helped improved Infoseek search relevancy back in the 90s and has been consulting with clients globally since 2002 via his Go Fish consultancy.

He said sure to my interview request and here is the Peter D interview. I think I have changed some of my ideas of how I should do stuff from about every interview I have done, and this one is no exception.

Thanks again Peter.

Financial News...

Search Links

Google:
Eric Schmidt lecture at University of Washington
Google may be in the S&P 500 within 12 months

China:
Google to open a new R&D development location - the timing of this news perhaps trying to lower the IPO value of Baidu
Baidu remove links to thousands of MP3s - perhaps trying to look more legal and investor friendly to have greater IPO value

Yahoo!:
reported earnings:

Yahoo (YHOO) said it earned $755 million, or 51 cents a share. This compares to earnings of $113 million, or 8 cents a share in the year-ago period. Excluding $563 million in profit related to a sale, Yahoo earned 13 cents a share, in line with expectations. Yahoo also generated sales of $1.253 billion, up 51% from a year ago. Excluding the cost Yahoo pays to Web distribution partners, revenue grew to $875 million, below expectations of $881 million. Shares of Yahoo rose 3% to $37.73 in regular trading, but fell sharply in late trading.

Yahoo! opened a research & development lab at Berkeley

MSN Search:
a while ago they posted about some of their new advanced search operators on their blog.

IAC / Ask:
today IAC completed the Ask acquisition
Expedia spinoff to occur week of August 8th.

Snap:
Bill Gross, founder of pay per click marketing, now loudly toots the click fraud horn:

Gross is among those who believe click fraud is a big problem. He aims to change things with a "cost per action" system that only charges ad commission when a purchase is actually completed.

"I believe the commercial side of search will evolve toward cost-per-action in the next five to 10 years," Gross said.

If people realize the cost per action would it make them question the relevancy or purpose of the engine?

Keyword Superfreak Dan Thies Interviewed

Dan Thies has been branded as THE keyword guru, and has a great background in business and marketing. I asked him for an interview and he said sure.

Doing SEO and selling SEO are two separate things, as explained by well by Dan:

SEO consultants, in particular the small firms, the one-person shops.... I've rarely seen a group of people with more talent going to waste, because they don't get marketing, they don't understand sales, they can't write proposals, they spend so much time chasing bad leads. If I had a dollar for every consultant who has asked for advice on how to get someone to spend $500 on SEO...

If $500 is an issue, you either have no credibility (because you haven't created it) or they just don't have any money. Most of the time, the budget is there, but the credibility isn't.

He then goes on to recommend resources and offers tips to help close sales and improve SEO business efficiency. Dan talks about keywords, proposals, and running an SEO business.

That is my fourth interview in the last month or so and all of them have been great. I feel somewhat silly for not doing more of them earlier. More to come...

Small Pay Per Click Search Engines - Worthless...

Smaller search networks can not compete with the big boys in building advertisers, users, and monetizing traffic. Hence they have to rely on gimicks and low quality publishing partners to get any exposure.

Joe Holcomb, a former executive at BlowSearch, was recently canned:

The "official" reason for my termination from BlowSearch was "Company Financial Crisis / Downsizing".

He did a bunch to try to pump up the issue of click fraud and promote BlowSearch as a nearly fraud free network, but most of that was just marketing spin. They were using white label MyGeek services:

How was this a gimmick? Well, I used two of the services in the MyGeek back end and promoted it as a partial solution to click fraud. The manual IP blocking became "Competitor IP Blocking" and the publisher selection page became the "Traffic Source Selection" system. This all served to help the advertiser to achieve better ROI and really answered two of the biggest problems the search engine industry has been harping on (me included) for a long time now. Giving the advertiser the ability to choose and protect their ad investment.

Of course Joe just got a bad deal, and thus is going to have reason to paint a negative picture, but traffic tends to consolidate (just look at the share price of Google vs Miva) and the only way to break into a hyper competitive market is to create something uniquely innovative:

There was a post over at sew recently, some guy whining that he was getting beat silly in the serps by some old established sites. He was whining that they were doing x and so was he, they were doing y and so was he, they were doing z and so was he.

He didn't have the right attitude to succeed on the web. When you go up against those big established sites you really have to be committed and go the extra mile. If you want to world champion you have to fight the best in their own back yard, its no use being as good or even a little better, you have to knock them spark out to get the decision. - NFFC

No matter how you spin it, BlowSearch was not some amazingly new blow your hair back website. Heck they were spinning up something that was nothing more than a white label feed.

You can fake people for a bit, but eventually your source shows.

Joe also talked about his Click Defender idea, which the company never apparently believed in as much as he did. A while ago I called him out on the ClickDefender.com domain content being a joke, and apparently the owners of BlowSearch thought the same.

Interesting to see another blogger blog that they lost their job. I certainly noticed some of the marketing spin he created to help boost BlowSearch, and althoug I doubt they have much mindshare it will be interesting to see how quickly BlowSearch loses it.

From my short experience crossing with Joe online he at least seems like a good marketer, and someone should want to hire him for that. Best of luck Joe.

Using Contextually Relevant Images to Sharply Increase Google AdSense Earnings

A person going by the forum name of Critters offers tips to increase AdSense clickthrough rate. They show before and after layouts for what they have done.

The biggest change they did was show related images near their AdSense ads, stating that the ads helped grab the attention of more website visitors. In spite of moving the ads below the fold they increased the advertisement CTR by 300%.

To keep the images fresh some people randomize related images on their site. Here is a random image randomizer article and PHP code to randomize images & another image randomizer code.

While crazy images may get you more clicks, as stated by Newquestions:

That whole "Paris Hilton" - "look at my clothed dog" type concept. From my experience, people are prepared to click advertisements that are supported by whacky images. The more crazy, the better IMHO.

What about men in drag? Perhaps distasteful, but some women love this
sort of stuff, and perhaps they will click your advertisements to see more.

Critters states that the ads have to be related for it to work longterm:

Putting images next to ads that are NOT relevant to your sites content will only produce short term gains. Smart pricing will kick in and reduce the value of the ads.

Only place images next to ads that you know are matching what the visitor is on your site for (ads for cameras on a camera review site) and that the images match the ads (photos of cameras next to camera ads)

I believe some people have also been using search APIs or scraping some of the engines to grab relevant images, although that might have a few copyright issues associated with it.

As a bonus from that thread, if you hate that damn frog this is the site for you.

found from Abakus

Yahoo! Search Marketing Workbook, Google PageRank Update, New Google Patents

Yahoo! Search Marketing Workbook:
They never had the manners to redirect the old link, but Yahoo! have finished rebranding the old Overture Workbook. Yahoo! Search Marketing Workbook [101 page PDF]

Google PageRank Update:
Not that it matters much, but Google has recently updated toolbar PageRank

Google AdSense TOS:
have been updated

Google Jobs:
creative way to apply

Google AdSense Targeting:
Interesting to see ads for SEO products on cached copies of lyrics pages

Google Patents:
Google Patent App: direct navigation to specific portion of target document (from SEW forums)
Google Patent App: Systems and methods for improving search quality (from SEW forums)

bonus research from Cornell: Optimizing Search Engines using Clickthrough Data [PDF] (from SEW forums)

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