Testimonials without permission - are they ethical?

**drivetowin** · 08-06-05

Just discovered that quotes made by myself (and a number of others) on this forum about one of the UK networks are now/have been used by that network in their own marketing presentation as an 'endorsement' of their service.

Now I have no problem with giving genuine testimonials if I'm asked by a network/merchant to provide either a public statement or a reference for a specific purpose - as long as I'm sure the comment will be properly attributed but I personally think its a bit out of order to take one sentence out of context from a post on this forum and then state that as an endorsement of that network attributed to me.

So what does everyone else think - am I being oversensitive, or am I correct in my judgement on this issue.

I dont want to make public who the network is at this stage - if everyone thinks what they have done is fair play I'll just let this one drop.

**Costades** · 08-06-05

Hi Keith,

In my opinion it is unethical to use your comments from this forum as a testimonial for a product or service, without your express permission.

Imagine the consequences for all of us if people started reprinting the negative things we discuss among ourselves. We would all be defending ourselves in court for sharing our opinions with other members.

I also feel that it is unethical to abuse this forum in this manner.
Cheers

Des

**loquax** · 08-06-05

You should be asked permission before your comments are used and you should also then be informed before publication that you're happy with the way they're intendind them to be used.

Is the fair and polite way to do it.

Jason

**Paul Wright** · 08-06-05

Eek, time to add disclaimers to our sigs... "these words may not be copied or reproduced in any form without expressed permission" etc etc

**Qui Gon Jinn** · 08-06-05

Do you have examples you can post by IM?

**Barry** · 08-06-05

PM me too ..

Personally I'd be well chuffed if somebody actually thought I was talking some sense and made a quote.

Seriously though it would be polite to ask.

**SillyJokes** · 08-06-05

I'm pretty certain that it is a legal requirement to have permission to use a comment or testimonial to promote a product, for exactly the reasons outlined above by Keith. What if you change your mind about the company? You cannot withdraw something you didn't know you'd said.

**Ultralife** · 08-06-05

This sort of practice sounds disgusting, I dont believe that anyone can do such a thing without your express permission in writing, maybe the editor of the site can answer wether they are happy with this practice, as I am sure they also have some copyright over what is written here once it has been posted on the site...just because it is in the public domain does not mean that others can profit from it without your knowledge and or consent...

Name and shame I say, even if you just PM those that want to know so they can be aware which companies operate such practices, I would love to know...

**Supercod** · 08-06-05

Originally Posted by Costades

Hi Keith,

In my opinion it is unethical to use your comments from this forum as a testimonial for a product or service, without your express permission.

Imagine the consequences for all of us if people started reprinting the negative things we discuss among ourselves. We would all be defending ourselves in court for sharing our opinions with other members.

I also feel that it is unethical to abuse this forum in this manner.
Cheers

Des

Just so your clear as a member of the forum who has been issued with legal action (and they failed) a few times, everything you say on a public forum is in the public domain and everything you say is picked up and recorded by the likes of Google (reprinted if you like) so people searching can find it. So only say things you can back up in court if you have to, otherwise you will find yourself in trouble. The forum also gets legal threats all the time for what members say, some have foundation but the biggest majority have none other than "I don't like people knowing what I am doing is wrong".

**Supercod** · 08-06-05

Originally Posted by loquax

You should be asked permission before your comments are used and you should also then be informed before publication that you're happy with the way they're intendind them to be used.

Is the fair and polite way to do it.

Jason

Agreed. I have been asked and have done quotes for other Networks, no problem what so ever. And a number of Affiliates and Merchants have done quotes for Paid On Results, all got asked when I done it for the web site in fact by asking you often get much better testimonial to use and many times people pick up on strengths you have that you over look.

**drivetowin** · 08-06-05

Thanks Clarke.

Just to be clear here, I have no problem with my comments (good or bad) being in the public domain.

Those who have met me will know that I am fairly forthright in my opinions and say nothing here that I would not be prepared to say to someone face to face. Equally I would like to think I try to give balanced judgement on most things.

The issue here is a section of one sentence being taken out of context and then attributed - that is something I do have a problem with.

**Supercod** · 08-06-05

Originally Posted by kbudden

The issue here is a section of one sentence being taken out of context and then attributed - that is something I do have a problem with.

Yeah that's not cool.. Kind of like if I said

"This is the worst program I have ever seen in my life, what a load of crap. Well done on making such a great effort with your program".

And then later seeing the quote as

Clarke Duncan said about our program "Well done on making such a great effort with your program".

Yeah then I would not be a happy chap. However if they used the full thing and I posted it in a public forum, do I have any legal rights over it. I just can see how if Newspapers can quote what people say, then why can't anyone else. It’s like I said in the last post best to ask as you get a better quote often.

Have you asked them to remove it, you know they might just do it because it could be worse later on that they have a quote where everyone knows you don’t agree with it.

**Fraser** · 08-06-05

Just reminded me to chase up the graphic designer who quoted me on his site.

He sent in a proposal for some work I advertised, I wrote back and told him they looked like a great company but I was going to use someone else. Next thing I know I'm quoted on the site with just the bit about what a great company they are!

Permission should always be requested!