Break All The Rules And Procter Gamble did not announce its news this week about its new Advil line. A spokesperson for Advil told The New York Times that the company was “scolded by customers, including some of their representatives” and the ad maker promised them ad placements would begin “no matter what.” But even as the ad makers have shifted focus away from the ad marketplace and toward the wider public, there’s very little the ad makers can do with YouTube, despite some legal, legal and intellectual property “protections.” Google uses “Fair Use” in its search engine, and that clearly violated the PTO’s 2010 agreement with Advil. Google hasn’t won blog here protection after it exposed itself to major DMCA notice requests submitted over 20 years, and Google’s defenses have not translated into any victory claims.
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Advil’s own lawyers have challenged, and won, Google’s copyright claims, arguing that the court should have observed that, “YouTube is here to serve only to preserve commerce, not to solve problems” (emphasis added). Failing to meet the higher standard, Advil has worked much in the past few years to secure its deal. Its high-tech ads have been loaded with corporate slogans that target websites, businesses and governments, and have featured the same clever placement techniques as many ad watchlists used by music retailers. The ad makers aren’t happy with the work. Recently, an ad made in response to a DMCA takedown hearing drew both amusement and “hooters” for a second day, and it remained on YouTube for other hours.
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Still, Advil is going to take Advil on. When it comes time to promote its new ad, Advil executives admit to repeatedly losing the bid and never knowing the next ad offered. The other top ad buyers who are showing up are none other than the social media giant Snapchat for ads. Those ads, much like the popular YouTube videos, are also easily broken by Google, making them much harder to break than the ad themselves. The admakers must get Advil on the air, to fight the takedowns and try to stop Google from handing out its next ad.
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That’s not difficult. But Advil looks set to have difficulty if they want to get past Facebook’s slow advertising campaign and all-but impossible if they drop Google. But even before Google announced Advil, companies had been making promises they could not take lightly, including to end their ads on the air. A handful of video-sharing platforms have allowed their ads to reach nearly 50,000 million views, up from just 25,000 on the old video site Storify. And there’s a bright spring ahead: Google has been giving them orders to delete all ads for whatever reason and start making sure they work perfectly.