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The intent of the recent Adsense policies update

         

ownerrim

4:34 pm on May 18, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



It would be nice to have the definitive word on what they mean by "mimic". Is that simply anything that resembles a google adblock? That would then include "most" every other contextual ad program now in existence or later to come into existence (yahoo).

If that's so, it's a way of saying "if you're not with us, you're against us".

It also makes it quite difficult to even TEST the yahoo program out without first dumping all your google ads beforehand.

Nice little shot at the bow of yahoo before they even get off the mark.

What's next? If you carry yahoo ads, you're no longer indexed in google?

No wonder this was a "quiet update"

arrowman

6:39 pm on May 18, 2005 (gmt 0)

10+ Year Member



Exaggerated!

Google doesn't allow Adsense blocks on a page that contains mimicing ads.

You can have as many mimicing ads as you like, as long as you don't put Adsense with them.

Even when you use Adsense, you can have as many mimicing ads and competitors as you like on other pages.

The rule is per-page, not per-site, let alone per-publisher. It's perfectly reasonable.

Bddmed

6:55 pm on May 18, 2005 (gmt 0)

10+ Year Member



From the TOS:
This would also include ads throughout the site that mimic Google ads or otherwise appear to be associated with Google on your site. Although you may sell ads directly on your site, it is your responsibility to ensure these ads do not mimic Google ads.

The TOS really does mention site not only page.

Never_again

6:55 pm on May 18, 2005 (gmt 0)

10+ Year Member



Sorry arrowman, but the policy changed. It now reads in part, "this would also include ads throughout the site that mimic Google ads...."

europeforvisitors

7:14 pm on May 18, 2005 (gmt 0)



Sounds pretty simple to me: If you have text ads, don't use the same typface, font size, and colors that AdSense does.

It's like making chips for a casino: If your chips are made of silver-colored metal and have a picture of Eisenhower on the front, you may have something to worry about. If they're a different color and show Donald Trump instead of Ike, you needn't fear the Feds.

arrowman

7:24 pm on May 18, 2005 (gmt 0)

10+ Year Member



The TOS really does mention site not only page.

Allright, it seems the Dutch translation Google presented me is more forgiving :-)

Well, so what? Don't mimic Google ads. That's all.

Also, don't mimic Donald Duck, or you'll get Walt Disney on your tail.

Don't mimic. Create!

ownerrim

7:41 pm on May 18, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



"Well, so what? Don't mimic Google ads. That's all."

I was talking about Yahoo and whether or not this would make it impossible to give yahoo ads a test if you carry adsense on your site (drinking brandy early?)

"If you have text ads, don't use the same...colors that AdSense does. "

Hmmm. Unless you choose ultraviolet or infrared that will be a bit difficult. But does it end there? What if you have a contextual ad on your site from a supplier other than google and it happens to have a rectangular shape, like adsense?

Does google have a patent on the rectangle? Should the other contextual ad supplier make their ads in the shape of a figure eight or a curly Q to allow the publisher to comply with adsense?

I'm being facetious, of course, but these changes border on the authoritarian and the paranoid as far as I'm concerned (and I'm an expert in paranoia with skills finely honed by my participation in adsense).

Powdork

7:46 pm on May 18, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



If you have text ads, don't use the same typface, font size, and colors that AdSense does.
I think that may be even too much. IMO the TOS is vague because the enforcement will also be vaguely interpreted. If they believe you are trying to make your users think it is a Google ad when it is not a Google Ad you are in trouble. They have to be vague to provide leeway for all the different (unforeseeable) ways people will try to do this.
Also, what if Y's typeface is the same as Google's and we can't change either one?
I hope we don't have to worry about type or colors because it would certainly be nice to be able to compare apples to apples when seeing which is better.

Mimic [answers.com]
Does this mean we can't mock Google on sites with Adsense?;)

added-I have never felt Google and Y! were that much against each other that they would do this. Their is still intertwining of a lot between the two companies.

Rodney

7:58 pm on May 18, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



it doesn't seem to me to be as complicated as others are making it.

If you specifically make your non-google ads to look just like your google-ads to give them the same look and feel, then that is against the TOS.

In regards to Yahoo, since it hasn't launched its program yet, why not deal with that issue when it actually becomes an issue?

Who knows, Yahoo may have it in their TOS that you can use adsense and yahoo on the same site

oddsod

8:04 pm on May 18, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



it doesn't seem to me to be as complicated as others are making it

Bingo. I wouldn't worry too much about it. They're unlikely to take the line that any text ad is an imitation of their own ads. The TOS are getting incredibly silly now. I'll still follow them but if you really, really read the small print - there's hardly one site in the whole world that's fully compliant.

I think that there's something in there about your site not having any broken links. Now I know why DMOZ doesn't run Adsense ;)

<edit: I had to add the DMOZ bit :)>

[edited by: oddsod at 8:08 pm (utc) on May 18, 2005]

alika

8:07 pm on May 18, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



(and I'm an expert in paranoia with skills finely honed by my participation in adsense)

That I agree 100% with you, ownerrim :o)

Google may be acting on the increasing number of advertisers/other ad networks creating ads that look exactly like Adsense. Vonage and AdKnowledge are two that comes to mind. These companies know the popularity of Adsense and are trying to ride on the coattails of the program. Hence their ads currently running in some banner ad networks looked exactly like Adsense.

I would love to see though a change in our participation agreement with Google. Something along the lines of - if you use Adsense exclusively on your site, you get 75% of the income; but if you decide to use other contextual advertising programs, you get only 50% revenue share. Similar to currently what's in place right now with banner ad networks such as Burst. That will give more incentive to folks loyal with Adsense, and a little nudge to those constantly looking for the evergreen fields on the other side of the valley

ownerrim

9:43 pm on May 18, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



"Hence their ads currently running in some banner ad networks looked exactly like Adsense."

Hadn't thought of that. That may be a big part of the rationale behind this tos change.

"if you use Adsense exclusively on your site, you get 75% of the income"

Alika, that would be a better anti-paranoia medication than anything else I can think of.

fearlessrick

10:25 pm on May 18, 2005 (gmt 0)

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By making their definition so broad, G intends to limit competition. Everyone does this to a degree, however, G's Adsense format (text with links inside rectangles) is easily replicated and not patentable. By excluding any ads that "mimic" their arguably generic ads, they may be running very close to restraint of trade, but only if they disable a site or sites for running similar ads.

They can get around the statute very easily by saying they just didn't like the content the site was displaying or it was a business decision, or any other excuse they have for banning a site.

The big test will only come - if it does at all - when a major site decides they'd like to try a competitor and G cans them.

Here's my brief take on this:

A major apple grower (Grower A) says to his thousands of retailers, "you cannot sell anything which mimics an apple."

Now, the retailers would have to decide, can they sell apples from other growers (Growers B though Z). Probably not. How about oranges, pears or apricots? Grey area. But I think the DoJ would be interested if Grower A stopped selling to retailers selling apples from Growers B, C, or D.

Now, if Grower A had a patented packaging for apples and said, "You cannot sell apples packaged in such a way that mimic the way our apples are packaged," then they have a whole new animal.

So, G could say, our ads are targeted according to our algo (probably patented) and these other ads are not but they look like our ads, destroying our brand and harming our relationships with publishers and advertisers. (Brings up another point - will they attempt to limit advertisers, i.e., "you cannot advertise in a manner similar to Adwords"? - doubt it.)

I know this is pretty simplistic, but there's plenty of argument for and against open ended contracts and limitations on competition. It's my general feeling that I should be able to run whatever ads I like, regardless of who is serving them and make my own decisions as to which one serves my interests best, not G or Y or M.

-------------

15 USC §1

Cite. 15 USC Sec. 1 01/05/99

Expcite. Title 15 - Commerce and Trade; Chapter 1 - Monopolies and Combinations In Restraint of Trade

Head. Sec. 1. Trusts, etc., in restraint of trade illegal; penalty

Statute. Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.

incrediBILL

10:55 pm on May 18, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



they may be running very close to restraint of trade

I don't see it in this case as you have a clear choice, do business on their terms or don't and their terms are simple in that other ads can't MIMIC Google ads in exact layout. There are alternatives out there for those that don't want this restriction so it's not like you're trapped.

I could see a Ford pulling the plug on a dealership selling knock-off T-Birds made in Asia, it makes sense to protect your image and not let the market run amok trying to make everyone think they'll clicking on Google when in fact they aren't.

The real question is, now that Google is running CPM ads w/banners, what mimics a Google Ad?

Does any banner mimic a banner being served by Google?

It's just nutty is what it is.

Sobriquet

12:03 am on May 19, 2005 (gmt 0)

10+ Year Member



I think to stop 'mimic' google ads is stupid idea.

google ads INCLUDE banners which anyway are already MIMICED by google.

Banners were there even before google existed.

how can google stop you from making a nice looking banner of the same size as google ads?

alika

12:11 am on May 19, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



I don't think G is saying "no one will use text ads except Adsense." What it is saying is that the other ads you are running on your site should not look like your Adsense ads.

It must pass the smell test: if you have two text ads - one by Google and one your own sponsored links - can you distinguish between the two? Or does the two look exactly or somewhat alike in terms of color, font, and other characteristics that a user will not be able to tell which is Adsense and which is not? I have seen discussions here whereby the webmaster is saying that they are making sure that their own text ads look exactly like Adsense. And that is what G is not too happy about IMHO. It's all about the issue of whether a user can be confused as to which is Adsense and which is not.

But of course, to be sure, why not email G and ask them if your own sponsored links are in violation of this new terms?