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Ultramercial
Ultramercial, LLC is an online advertising company. The company primarily specializes in interactive advertisements, which emphasize user engagement in exchange for access to premium content, such as video, games, and public internet access. The company claimed that its system was effective, with a 4.84% average click-through rate in 2008 (in comparison to traditional advertisements). The company was the subject of a patent infringement lawsuit against Hulu, YouTube and WildTangent; in the lawsuit, Ultramercial accused the two companies of infringing its patent ("the '545 Patent," filed in 2001), covering the business model surrounding a "Method and system for payment of intellectual property royalties by interposed sponsor on behalf of consumer over a telecommunications network". In other words, the '545 Patent was directed to modeling the value of certain programming based on the number of advertisements consumers would continue to watch, a more direct valuation of consumers' ...
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Online Advertising
Online advertising, also known as online marketing, Internet advertising, digital advertising or web advertising, is a form of marketing and advertising which uses the Internet to promote products and services to audiences and platform users. Online advertising includes email marketing, search engine marketing (SEM), social media marketing, many types of display advertising (including web banner advertising), and mobile advertising. Advertisements are increasingly being delivered via automated software systems operating across multiple websites, media services and platforms, known as programmatic advertising. Like other advertising media, online advertising frequently involves a publisher, who integrates advertisements into its online content, and an advertiser, who provides the advertisements to be displayed on the publisher's content. Other potential participants include advertising agencies who help generate and place the ad copy, an ad server which technologically ...
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Engagement Marketing
Engagement marketing, sometimes called "experiential marketing", "event marketing", "on-ground marketing", "live marketing", "participation marketing", "Loyalty Marketing", or "special events", is a marketing strategy that directly engages consumers and invites and encourages them to participate in the evolution of a brand or a brand experience. Rather than looking at consumers as passive receivers of messages, engagement marketers believe that consumers should be actively involved in the production and co-creation of marketing programs, developing a relationship with the brand. Consumer engagement is when a brand and a consumer connect. According to Brad Nierenberg, experiential marketing is the live, one-on-one interactions that allow consumers to create connections with brands. Consumers will continue to seek and demand one-on-one, shareable interaction with a brand. Virtual extension Experiential marketing is a growing trend which involves marketing a product or a service t ...
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Internet Access
Internet access is the ability of individuals and organizations to connect to the Internet using computer terminals, computers, and other devices; and to access services such as email and the World Wide Web. Internet access is sold by Internet service providers (ISPs) delivering connectivity at a wide range of data signaling rate, data transfer rates via various networking technologies. Many organizations, including a growing number of municipal entities, also provide cost-free wireless access and landlines. Availability of Internet access was once limited, but has grown rapidly. In 1995, only percent of the world's population had access, with well over half of those living in the United States, and consumer use was through dial-up Internet access, dial-up. By the first decade of the 21st century, many consumers in developed nations used faster broadband technology, and by 2014, 41 percent of the world's population had access, broadband was almost ubiquitous worldwide, and glob ...
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Click-through Rate
Click-through rate (CTR) is the ratio of users who click on a specific link to the number of total users who view a page, email, or advertisement. It is commonly used to measure the success of an online advertising campaign for a particular website, as well as the effectiveness of email campaigns. American Marketing Association Dictionary. . Retrieved 2012-11-02. The Marketing Accountability Standards Board (MASB) endorses this definition as part of its ongoinCommon Language in Marketing Project Click-through rates for ad campaigns vary tremendously. The first online display ad, shown for AT&T on the website HotWired in 1994, had a 44% click-through rate. With time, the overall rate of user's clicks on webpage banner ads has decreased. Purpose The purpose of click-through rates is to measure the ratio of clicks to impressions of an online ad or email marketing campaign. Generally, the higher the CTR, the more effective the marketing campaign has been at bringing peopl ...
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Patent Infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be ''commercial'' (or to have a ''commercial'' purpose) to constitute patent infringement. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. In other words, the terms of the claims inform the public of what is not allowed without the permission of the patent holder. Patents are territorial, and infringement is only possible in a country where a patent is in force. For example, if a patent is granted in the United States, then anyone in the United States is prohibited from making, using, selling or importing the patented item, while people in other cou ...
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Hulu
Hulu () is an American subscription streaming service majority-owned by The Walt Disney Company, with Comcast's NBCUniversal holding a minority stake. It was launched on October 29, 2007 and it offers a library of films and television series like 20th Century Studios, Searchlight Pictures, Disney Television Studios, ABC, Freeform, and FX Networks among others, as well as Hulu original programming. Hulu was initially established as a joint venture between News Corporation and NBC Universal, Providence Equity Partners, and later The Walt Disney Company, serving as an aggregation of recent episodes of television series from their respective television networks. In 2010, Hulu launched a subscription service, initially branded as "Hulu Plus", which featured full seasons of programs from the companies and other partners, and undelayed access to new episodes. In 2017, the company launched ''Hulu with Live TV''—an over-the-top live TV service featuring linear televisi ...
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YouTube
YouTube is a global online video sharing and social media platform headquartered in San Bruno, California. It was launched on February 14, 2005, by Steve Chen, Chad Hurley, and Jawed Karim. It is owned by Google, and is the second most visited website, after Google Search. YouTube has more than 2.5 billion monthly users who collectively watch more than one billion hours of videos each day. , videos were being uploaded at a rate of more than 500 hours of content per minute. In October 2006, YouTube was bought by Google for $1.65 billion. Google's ownership of YouTube expanded the site's business model, expanding from generating revenue from advertisements alone, to offering paid content such as movies and exclusive content produced by YouTube. It also offers YouTube Premium, a paid subscription option for watching content without ads. YouTube also approved creators to participate in Google's AdSense program, which seeks to generate more revenue for both parties. ...
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Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law ...
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Business Model
A business model describes how an organization creates, delivers, and captures value,''Business Model Generation'', Alexander Osterwalder, Yves Pigneur, Alan Smith, and 470 practitioners from 45 countries, self-published, 2010 in economic, social, cultural or other contexts. The process of business model construction and modification is also called ''business model innovation'' and forms a part of business strategy. In theory and practice, the term ''business model'' is used for a broad range of informal and formal descriptions to represent core aspects of an organization or business, including purpose, business process, target customers, offerings, strategies, infrastructure, organizational structures, sourcing, trading practices, and operational processes and policies including culture. Context The literature has provided very diverse interpretations and definitions of a business model. A systematic review and analysis of manager responses to a survey defines business m ...
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Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual g ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United State ...
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