Podcast

Ethan

Welcome to the social media law cast I am your host social media attorney Ethan Wall and with me is my friend and co-host Shanw Depasquale.

Shawn

Hi I am ah not an attorney but I married 1

Ethan

Perfect Sean before we get started I know you want to talk about viral memes. But I've got to fill you in on something we're not alone.

Shawn

Yes, who.

Shawn

Who is that walking in I see a man a familiar face.

Ethan

That's right, we've got another guest today and it is someone who you know someone who you love someone who you secretly wish to be. We've got our friend Dave Kushner joining us today.

Shawn

Oh a.

Dave

Well, that was.

Ethan

Dave is not only a friend of ours for 20 years he is also a senior social media manager for a New York based national communications agency. It's part of Dave's work he manages creative partnerships with influencers creators. He works on creative campaigns and best of all he is in. Our dungeons and Dragons Adventure Group Dave what's up man.

Dave

What's up guys This was that was the most welcoming I've ever felt into any kind of meeting but also um, it was a bit strange. That's just how I like it great to be here guys.

Shawn

Um.

Shawn

Yeah, that's how we run things here. Welcome to the social media law cast I'm your co-host Sean Deep Pasquali What if we just kept doing the intro over and over again. We never got out of it.

Dave

Hi Sean.

Ethan

Yeah, it's the best part of our episodes are the intros and it all goes downhill from there Elin all right? So what's cook and Sean what are we talking about right.

Dave

It's like too many cooks for them.

Shawn

Ah, yes, exactly ah, okay, so we had a really fun episode a couple episodes back where we talked about the one chip challenge. Ah. Dave this was a potato chip company releases really really spicy potato chips and they were capitalizing on a meme that had already existed by by including it in their ed campaign to say hey 1 chip challenge eat our spicy chip. We dare you or whatever. Ah, and then a boy died eating the chip. And it was bad for everyone and ah so Ethan and I talked about you know what were the legalities involved with that who was liable who could get in trouble who couldn't um and and it led me to thinking about you know other types of ad campaigns. That have involved. Ah you know viral memes or or have gone viral or or been involved with challenges. Um or to a lesser extent. Ah you know started um like a r g's which is like alternative reality games where you're. Essentially asking the audience to participate in whatever product you're selling. Um and Dave works in marketing and understands this world very well and so I pulled a couple of things that that I thought were interesting that I thought we could talk about and I know Dave has also some some.

Shawn

Some things that he brought to the table. so so yeah so let's get started I mean we we can start with ah the one that that first sprung to my mind that I remembered was the ice bucket challenge that was like probably the biggest one at it of its at the time like that was the first real like. Challenge that went viral and everyone was doing the challenge. Do you guys remember like where that started what that was.

Dave

So I I do remember the ice bucket challenge. Well um I got soaked by ice you know ice water in the crisp fall air of New York city so I remember it well um I'll just kind of.

Shawn

Ah, yeah.

Dave

Back up just a little bit though I remember the first kind of one that was a truly organic viral sensation that I remember and when I say organic for people you know, not necessarily in the in the industry is that this was not. This as far as I know anyway, this was not orchestrated by the brand. This was not orchestrated by putting money in it. But do you guys remember um, being iced.

Shawn

No with that. Oh no, what? no.

Ethan

Oh yeah, Syrov iced.

Dave

Exactly it exactly smearing off ice I mean they had the luck they it just worked out well as again far as I know could be could be k-fabe that I'm buying into but um, you know it just seems like college students. Around the country just kind of decided it would be a funny prank to each other to hide a smear off ice somewhere and would cause an unbeowing victim to have to then get down on one knee and chug said. Sme off ice so you know that one really kicked off big I think that the other day someone mentioned getting iced and they weren't talking about smirnoff at all and then we were like oh wait what someone brought a cube then kind of in my office we were joking about like someone's going to open up their filing cabinet and. And find a warm ah smear off ice. So me the first truly viral one that I can remember was smeared off ice.

Shawn

Ah.

Ethan

Yeah, and what's really interesting about this one and the difference between the two which I think is going to really help guide the discussion today from a legal perspective is on the 1 hand smirov didn't seem to sponsor or endorse. Smearing off ice challenge. It. It was kind of like tide pods in a way but but less deadly where like the company itself wasn't endorsing the challenge. It's just the world thought this was cool. It was fun and they continued it where the ice bucket challenge seems to be a. A company sponsored challenge one that they began by partnering with a few influencers who did it and then it kind of picked up and they wanted people to participate in this and as a result of it. They had tremendous success in creating awareness only for their cause in the business but really rode the viral sensation.

Shawn

And then.

Shawn

Yeah.

Shawn

Um, well and it it seems like these days you're getting more of those than actually organic ones you know I mean like it feels like once once.

Ethan

And so.

Shawn

Corporations became aware that this was a viable form of marketing they jumped on it and as always happens once like a corporation does something it becomes considerably less cool. Um, and so like the consciousness shifts away you know because then now it's like oh this went from being a fun thing that we all organically did to now I'm just being shilled at you know, Um, So I think you see less of them naturally forming now.

Dave

I mean I don't know I don't know I think that a lot of them. Ah, most of them are playing out on social I mean if you see I mean we're not far removed at all. It's still ongoing is the ah the. The barbie marketing campaign that was an incredibly well orchestrated marketing campaign that happened everywhere it happened in your home. It happened on your devices. It happened outside of the home and happened with people's how they were addressing. It happened almost everywhere and. You know that was something that was sparked by by the movie studio. Um, but you know people people are still calling. People were putting up I'm a Barbie I'm this Ken I'm this graphic you know that is still ongoing. Um, you know to this day. It's ubiquitous. So I think that you know it will.

Shawn

Um, well tangentally.

Dave

Like like anything it all matters about you know, First of all, there's a lot of luck. Um, but then also there's a lot of resources that have to go into it. Um, ah Barbie the Barbie movie they famously paid more for the marketing of that movie than to actually make the movie. So you know you have to have a lot of resources you have to have a lot of luck but also there has to be a real natural alignment. Um, you know it has to really authentically align with the product and then with the audience. Ah so in the case of the smeared off ice that worked perfect because.

Ethan

Yeah.

Dave

It was targeted at college students or bros and you know ah bros of all types. Um, it aligned authentically and it was a fun thing to do. Um so you know I think that it's harder for things to get that exit trajectory and.

Shawn

Um, well.

Dave

Catch fire as Ordinaryd narrowly as they used to in the days of viral marketing campaigns but they are still very well and alive.

Ethan

I'm just waiting for Leo or Rex his hand to like appear on Dave's screen with a brown paper bag in it. Ah hum leo x das kids with the sir not ice there with.

Dave

Ah, my God now would be a proud parenting moment if I ever get when when my when I get iced by my toddlers that'll be I'm getting kind hit about it.

Shawn

Um.

Shawn

You know the the Barbie one. The Barbie one is particularly interesting because that like dovetailed the the like the Barbie Marketing was brilliant right? and it generated a ton of excitement for Barbie that still continues. But then. An interesting thing happened that I think was pretty organic which is the whole ah barnheimer conversation that then sprung out of it which is you know the movie oppenheimer was going to be released the same weekend I'm not I I don't even know where that.

Shawn

Originated other than social media. It's just started to hey which movie are you gonna go see Barbie or Oppenheimer and then it became a showdown between Barbie and Oppenheimer and then someone made the portmanteau of of barbenheimer and then that snowballed and then you had people going to the movies dressed as Barbie and Oppenheimer. So like that. For the oppenheimer side ended up being a real win because I think it elevated interest in that movie beyond what would have been normal for like a period piece about a horrific time in our world's history. You know.

Dave

Yeah, no, that's actually that's a great example of you know where where something that was put out and put out um by a marketing team then became a meme and then naturally organically combined with something else. Through social media users and then it became even bigger because of that and yeah I'm sure the oppenheimer people were thrilled to get a little bit of that marketing rub from the Barbie movie and you know that's just something that happened organically and it happened because people.

Shawn

I'm sure.

Dave

It captured people's imaginations that contrast um to your point before they tried to duplicate that. Um you know it came out organically they tried duplicating it because um, recently a new saw movie and a new Paw Patrol movie came out so they were all. At the same weekend. So Everybody was saying forget Barbenheimer What are you doing for saw Patrol which is hysterical saw Patrol but didn't really it came and went didn't really pick up didn't didn't really have the same juice as.

Shawn

Um, yeah, yeah, because neither one of those movies had the juice behind it that Barbie did and I think and I think the the other issue is the.

Dave

Barbenheimer.

Shawn

While it's a similar juxtaposition right of like saw to pawperol. There was something really, ah thematically perfect about a movie about a female lead character and a male lead character and 1 is about pink and hope and the other one is about death and destruction. And like you know you sort of had some of those similar themes with the saw paw patrol thing but the 1 to one wasn't the same and and it it didn't have the same organic feeling that the other one I think did in order to to become what it what it became? um.

Dave

Yeah, and and and neither saw or paw patrol are currently in the zeitgeist to the amount that Barbie and Oppenheimer were individually on their own at that point.

Shawn

Um, yes, exactly exactly? Um, so okay, this actually can lead us into ah another area of conversation which is let's talk about um when things.

Ethan

Break up.

Shawn

Don't go right right? So like this saw paw patrol thing like that someone tried it. It sputtered fail right? There's plenty of so many failures didn't work. Um, but there's other campaigns. So like the 1 chip challenge right? that have.

Dave

They there they I've 5 puppies got saw in half. It didn't work.

Shawn

Um, considerable backlash. So it's not just like it fails and it is not remembered but like it it fails spectacularly and then it has blowback to the company. Um, so let's talk about some of those ah one of them that I remember is the red bull. Stratus jump this is when red bull um, trying to sponsor. Ah um, ah with decided to sponsor Felix Bomb garters jump from the stratosphere right? and like it went okay, but like. Have been a disaster no like had that jump not gone. Well there would have been and this is where Ethan will come very heavily into the conversation I'd imagine there are like a lot of liability and safety regulation issues that probably went into even launching that campaign. That could have gone horribly for red bull. Um, and so I wonder if like that is something that you as a lawyer would have advised against or or maybe not maybe there's enough protections there that that it's not that big of a deal.

Ethan

Yeah, you know what lawyers are really good at the law. You know we suck at being really innovative running businesses and marketing and so you know I could just imagine the situation where like you know the.

Shawn

What What do you think on that one.

Ethan

Like skater exec from red bull like walks in the lawyer's office is's like hey man like we want to sponnger this dude jumping out of this stratosphere like do you have a waiver for that and like you know the lawyer of course is going to is going to say like this is it's just crazy from a legal perspective. What happens if he dies what happens if it doesn't go wrong. What if we produce the entire thing and just the weather conditions aren't right. He doesn't jump like you know the lawyers are never going to jump on this as being a great idea from a legal perspective but that's not what lawyers are good at I'm sure in this particular situation. There were waivers up the wazoo about. If this goes wrong red bull's not going to be responsible. What I think would have been look the guy dime would have been awful but really I think would have been worse would have been from like a Pr campaign perspective this this thing didn't go right? It was going to probably affect red bull's public relations campaign a lot worse than it might have affected them. From a legal perspective.

Dave

And and and you know just for my clarification because I don't I remember this I remember that when the red bull was doing the flute tog also thing where they were challenging people to kind of come up with their own flying devices now. It's me that one seems.

Shawn

Fitter.

Shawn

Yes.

Dave

Much more ah rife for liability. Where's this one isn't I mean it's a stunt. It's a stunt that they hope I think would go viral in terms of intention attention to it. But I don't think that they are hoping to um, try to encourage other people to jump from the Stratosphere right.

Shawn

Um.

Ethan

Right? And exactly and I think this is what separates and Dave brought up a really good example at the beginning of the episode when I look at this from a legal perspective. It's what separates the sirnoff ices from the red bull flu talkx because in the sirranoff ice perspective. The company didn't create it.

Shawn

Right.

Ethan

I Don't know if they really endorsed it meaning I don't think they put it on their website and rolled into the marketing campaign they acknowledged I'm sure that it was happening but they didn't have any responsibility you you can't enjoy what people are doing in the red Bull Flu talk situation ribble like hey go ahead and create some rickety machine and see if you can race it you know down a course.

Dave

Um, yeah.

Ethan

And so in that situation there is more of a potential for corporate responsibility more of a potential for legal issues when you have a company that's sponsoring a challenge and it goes wrong then when the general public itself just decides to rally behind something.

Shawn

Okay, so what I'm hearing is you want me to give you an example of something that went worse. So let's talk about yet. Well that was a week ago so let's talk about. Ah.

Dave

Well, we've started off with a person dying all right with potato chip we could We can agree. We can agree that's like pretty worst case scenario in terms of marketing potato chips.

Ethan

Um.

Shawn

Yes, yes, absolutely absolutely. Um.

Ethan

Yes, and look the result of that was it's pulled from the shelves whether they're responsible or not. We still don't know, but but the but the pr result like the legal liability right now is 0 until an Autopsy comes back and said your chip killed this person and the question is why didn't the millions of other people who ate the chip.

Shawn

Yes.

Ethan

Didn't die like legally wise I don't see them in ah in a really difficult position but from ah from a operations pr standpoint pay spicy chips are off the shelves. They're gone. They had to recall millions of dollars I'm sure in inventory.

Shawn

Um, die yeah.

Shawn

Yeah, yeah.

Ethan

So right that one really went horribly wrong from from from all different angles.

Dave

Yeah.

Shawn

So There was there was this game launched ah like 2016 Pokemon go right? and it was huge, right? and the if you if you slept through it. It was on your phone you would open up your phone to a virtual map that was. Um, ah, overlaid over the real World. You know so like you're you know you're looking at at your neighborhood essentially and it would show you where in the area there were potential pokemon to then go and catch. But this led into ah. And and this is an interesting one because this doesn't end with the with the product getting recalled right? They fought through this but this led to um trespassing concerns legal issues surrounding accidents of people walking in front of cars getting hit by cars getting run over by things falling into sewers. Falling down into construction zones. It led to data privacy issues. It led to people getting almost shot walking through someone's backyard to try to find a pokemon. So so.

Ethan

1

Shawn

This this is it a case now where everything that could go wrong. Probably did go wrong, but the company managed to persevere through it and the game. The product is still. It's still getting updates to this day. So how do you from a marketing perspective Dave. If you had a product like this that then all of these things started to unfold. But while at the same time. The product is going through the roof everyone on the planet is talking about your product but also all these horrible things are happening. How do you deal with that from a marketing standpoint. What is your What's your thoughts on that and then Ethan. From a law state a legal standpoint what happens on that end.

Dave

I Mean this is I This is a bit out of my professional expertise I would assume again this is big assumptions that you know there's a good amount of terms and conditions for when you.

Shawn

Yes.

Dave

Sign up to play this game when you go to use it in any way shape or form but then also like whatever the game is telling you whatever the games directions are don't supersede the law so you know if the game says you got to catch them all and.

Shawn

Ah, ah, ah.

Dave

There's a squirrel that's you know in a person house in a person's house that is locked up. You know, common sense which ain't so common would tell you that you're not catching that squirrel. Um, you know you're not allowed to trespass. You're not allowed to.

Ethan

What more scroll but.

Dave

You don't become invulnerable from cars you you still have to practice basic safety. Um and and to me to me the the pokemon go story from a marketing perspective. You know while all of those things are valid that those.

Shawn

Um, yeah.

Dave

That negative press didn't necessarily hurt Pokemon Go um you know it like you said it's It's still popular. Maybe they had to ah plug some bugs change some things around but it's still popular. It's so in operation so to me from a marketing standpoint.

Shawn

No quite the opposite.

Shawn

The.

Dave

People are using it people are crazy about it. People are going nuts about it have fun. Don't break any laws. Be safe. You know, make sure you you're mentioning that in all of your messaging but got to catch them all.

Ethan

I want when Dave led with I can't really provide a professional opinion on this I thought it was going to be because he's in his early 40 s and we kind of missed the pokemon phase like we had pogs we like at pogs in middle school like we hit that phase.

Shawn

Um.

Shawn

Yeah, yeah.

Ethan

Professional wrestling phase and I kind of felt like while we played a ton of video games a lot growing up Pokemon like wasn't really part of our culture I think we kind of like we just collectively all in our early 40 s kind of just missed that boat a little bit. We're like.

Shawn

True.

Shawn

Yeah, absolutely. However, we were alive when pokemon go came out so for me anyway I had no that was my first introduction really to pokemon because I didn't watch the cartoons I didn't play the original video games.

Ethan

The millennial generation grew up with with pokemon. Yeah.

Shawn

But that shit was fun and I had a bunch of friends that were literally running around hollywood catching Pokemon like groups of like 20 people running around hollywood it was the most fun summer ever. Ah.

Ethan

Totally or what Dave what Dave pointed out was actually true. There were 2 class action lawsuits filed against the pokemon company for pokemon go related types of of issues and when I was kind of researching this right before the episode.

Shawn

Wow.

Ethan

Kind of googled like Pokemon go legal issues like what happened and what was crazy to me wasn't that there were lawsuits for it. It was the amount of personal injury law firms that have created blogs and created like practice area pages.

Shawn

Here.

Shawn

Interesting. Wow yeah.

Ethan

To pick up on pokemon go related injuries right? Which to me this is crazy like when I had I have a friend of mine Justin Rundle he's an attorney in Miami and for a while he was what's that run for a while he was marketing himself as kind of the uber attorney of like look.

Dave

Wow.

Shawn

The rund the rund. Yeah.

Ethan

If there's an accident that involves an uber call call him and he was kind of carving out that niche knowing that people were going to be searching for not just a car accident lawyer but an uber lawyer and the amount of personal injury law firms that came up saying have you.

Shawn

Yeah.

Ethan

Hitten by a car because somebody was playing pokemon go did somebody get injured in your yard based upon using pokemon go call our law firm and we're going to.

Shawn

So does that mean, So does that mean that.

Dave

You are you are are you or 1 of your loved ones suffer from mesohelioma from playing Pokemon go.

Shawn

Ah, no, but so but so does that mean that there's a lot of opportunistic Attorneys or does it mean that this was happening I mean yes, but does it also mean that this was happening so frequently and we weren't even hearing about it that.

Dave

Um.

Shawn

Ah enough Attorneys were like man we better bake a whole page for this because like yeah I got people getting hit by Pokemon go cars left and right.

Ethan

Yeah I don't think it was so much of the latter scenario as much as it was something that became so popular in pop culture and they wanted to be able to grab whatever search traffic was going to be out there for these different types of cases and look vulture look where.

Shawn

Um, yeah.

Shawn

Vultures.

Ethan

We're vultures two days ago like Reese's peanut butter cups violated sweeps staks laws and I was like Sean we need to get a podcast out on this asap because people are searching for it now. They won't search for it later so like.

Shawn

Yeah, baby and we needed those sweet sweepstakeak searches by the way if you are running a sweepstakes and you're looking for a sweepstakeaks attorney. You should definitely reach out to the social media law firm and ask for a consultation free consultations by the way initially so get ah an initial free consultation call. Do it.

Ethan

Um.

Shawn

Don't hesitate. Okay, back to the show. Ethan yeah yeah, it happens.

Ethan

Is that our is that our advertising that we have on the podcast. Ah.

Dave

And ah.

Dave

Um, I Just want point out I remember ah you know we were We were told that we missed out on Pokemon First of all, we're elder millennials a and and a yeah yeah and a and.

Shawn

Yeah, elder millennials. Let's slow down with the Gen and gen x stuff.

Dave

B there was a time period when I remember when Ethan actually identified as a Pokemon Ethan wall um Ethan Wall I mean so what? But what it's funny is that pokemon go. It seems like what you're saying is.

Shawn

Yes, so do I So do I I wasn't gonna I wasn't gonna blow up his spot. But also um, yeah.

Ethan

Um, eat more. Ah.

Ethan

Um, ah.

Dave

It went viral Obviously amongst ah the audience and amongst consumers but also for opportunistic lawyers. It went viral. You know.

Ethan

Yeah, this was coffee right? This is the classic case of when things go wrong, Go right? meaning bad publicity was good publicity for pokemon because they were they they were like look we we were telling people.

Shawn

Um, yeah, and yeah, um, yeah.

Ethan

In the terms and conditions as Dave says not to conduct trespassing. They said in response to people who were who are driving their cars that the app wouldn't work if you're drive at the speed is more than twenty miles per hour which of course as you know.

Shawn

But that that came after though so they they as this was all happening. They were pushing updates almost daily. So like first you got an update that was like hey watch where you're walking dumb dumb and you had to click like yes I agree to watch where I'm walking and then it then they started to throttle. Well if you're going more than. The x number miles an hour. The app won't work at all and you know.

Ethan

Right? This is the classic case of someone who followed Google maps and drove off a cliff. Okay, it really is it's it's kind of like it's it's the reason. Unfortunately I think Dave Dave like hit the nail in the head. The common sense is so common.

Shawn

Yes, yes.

Ethan

If your car has cruise control and you read the manual. There is a warning that says you must still operate the car. It's not going to drive it for you because people have followed Google Maps Apple Maps Mapquest something like that and drove off a cliff and then sued the Mapquest company saying.

Shawn

And yep.

Ethan

You should be liable for this negligence and so I think with Pokemon go was the classic case of them saying look. We're going to continuously make legal updates because we have to hedge against these worst case scenarios. But we're not pulling these things from the shelf because all this bad publicity.

Shawn

Lumb dumps.

Ethan

Is causing more and more people to learn about Pokemon go and download the app and and play for themselves.

Shawn

All right? So Ethan you found in your research. Ah a real bad 1 like 1 that did not end well for the company it. It did not go as planned I think they didn't even successfully.

Shawn

I think they didn't even successfully keep the campaign running right? and this is the burger king whopper. Ah, um that I was the sacrifice campaign it was as it was called. Why don't you walk us through what your research turned up on the burger King Sacrifice campaign

Ethan

Yes, before I jump in Dave do you know about this sacrifice but did you remember the sacrifice campaign.

Dave

You know in in the in the notes it I It reminded me of it I didn't think of yeah, didn't now that we're talking about it I recall it but but bring me up to date.

Shawn

Yeah.

Shawn

Yeah.

Ethan

Gotcha yeah sure because we all remember the like wake up with the king we're like the creepy king is kind of like in bed handing you a breakfast sandwich. You know that I remembered but the burger King Sacrifice campaign said that.

Shawn

Yeah.

Ethan

If you unfriended 10 friends on Facebook you get a free whopper which is brilliant because it's easy. The harm isn't that bad. It's a low barrier entry any teenager in the world's going to do this for fun. So the campaign was cool and it worked but the problem was that it violated Facebook's terms and conditions because and user privacy because what happened was an order for the campaign to be effective for burger king's marketing perspective once someone unfriended someone on Facebook for the campaign.

Shawn

Um, say yes.

Ethan

The person who was unfriended got a notification from burger King saying you've been unfriended and you are worth less than one tenth of a whopper this person and and Facebook kind of reached out to burger king and they were like this is funny I get it.

Shawn

Ah, but.

Ethan

But we'll let you continue running the campaign but you can't have these messages being sent to somebody else because it violates the user privacy it violates our terms of Burger King was like you know what? it's not worth it unless we can let the people know. That they've been unfriended for one tenth of a whopper so they remove the campaign. But if you go onto a website called a wayback machine. Um, you can find old websites and you will so you will find one that says whopper sacrifice has been sacrificed. In the end your love for the whopper sandwich proved to be stronger than 233906 friendships.

Shawn

Ah.

Dave

Um, well I'm I'm just I'm so glad and my heart is warm to see that Facebook was so concerned over their user's data privacy see um you know we'd hate. We'd hate to see people's data be used for nefarious.

Shawn

Um, ah ah.

Shawn

Yeah, Seriously, you know what's funny. Yeah, yeah, yeah.

Dave

Me ends like you know getting a whopper or you know something as bad as that. Um, it's funny because you know I'm just thinking about this is that the last thing any social media platform wants people to do is unfollow people.

Shawn

Um, this.

Dave

They only want people to follow them to gain their user base to keep activity going. Um so I would just maybe think that maybe there was a um I don't maybe an added benefit hypothetically hypothetically of.

Shawn

Yep yep.

Shawn

The.

Dave

Rush down there. Um, hypothetically just just spitballing.

Shawn

See and the and the part of the story that warms my heart from a comedy and bits perspective is that Burger King was so committed to the bit that they were like you know what? this is not worth if we can't do the bit. Of telling people. They're worth less than one tenth of a whopper.. What's the fricking point and they walked away and that is kudos that is like so true Ma commitment to the bit. They're like if there's no joke then there's no Joke. We're not gonna just. Give whoppers away for people unfriending them. We need to get the joke in there God Bless That's an amazing.. That's an amazing thing. It's very funny and I wonder how they were able to. Ah.

Dave

Sorry I didn't I didn't hear I was just unfriending you guys on Facebook because so.

Ethan

Ah, this this brings up trauma. Do you guys? remember not to go too far off topic. But when Myspace had the top 10 friends right.

Shawn

Yeah, yes, top 8 Yeah.

Dave

Stop 8 I think it was stop 8

Ethan

Started with like 5 and then went to 8 and then people were complaining that you were dropped off and so they kept expanding it to where you no longer were relevant because it was your top 25 friends or something like that. But yeah I remember in law school. Yeah.

Shawn

Yep, yeah.

Dave

I just want to say shout out shout out to Tom shout out to Tom from Myspace dude didn't he didn't ah you know do anything evil that we know of didn't destabilize any kind of democracies or anything he just you know.

Shawn

He was a real one.

Shawn

Um, Nope Nope he got in and he got out.

Dave

Gave us a little. He gave us. He gave us a place for us to post um gifts and emo lyrics to songs and rate our friends you know and then he left he left great. It was a real one Tom.

Ethan

Gift.

Shawn

Yep.

Ethan

To Jeff Jeff but just it's Jeff it's giftf. It's jefff.

Shawn

What.

Dave

That's a gift So when you say the word graphic. How do you say? Do you say graphic or graphic.

Ethan

Like I say I say graphic and I also look to the person that created the word and the person who created the word released a press release and said hey I know there's a lot of debate I created this word and the word is pronounced gif and so I get that.

Dave

You know what.

Ethan

Pnemonically you might disagree. But that's okay because mnemonically you might be correct but you're wrong because it's Jeff.

Shawn

But isn't it also true that Society has a much stronger grasp on word usage and word definition and that words naturally change and their definitions and pronunciations change over time so much so that like. Dictionaries will update entries on things and add new words all the time. So Even though the guy who came up with it says it's one way if the larger societal understanding and acceptance is another way I think typically the way language works is is the societal. Ah, ah, a winner gets adopted basically and that just kind of becomes a de facto.

Ethan

That makes sense and look and I agree with Dave I agree pneumonically it's incorrect, but but my feelings of whether it's right or wrong fly against what this guy has said.

Shawn

Right? But you don't spit all still spell the word shop with 2 p's and an e at the end right? like ye old shoppi because with languages progressed past that and now we just say shop right? Oh god ah um, all right.

Ethan

There's a different way to spell shoppy.

Shawn

Dave Do you have any other ones that that jump out at you things that that that you want to discuss or have we tapped ourselves on this topic and now we're just going to devolve into arguing over how things are pronounced.

Dave

Um, you know I just want to know data or data.

Shawn

Don't know it's It's data because that was his name on Star Trek the next generation.

Ethan

Ah.

Ethan

Case closed.

Dave

Honestly I am a hundred percent on the same level with you on that.

Shawn

See this is why the 3 of us have been friends for almost thirty years because we always end up seeing eye to eye guys. This was the most fun I missed doing our podcast not that I'm saying we should start it again. But I do miss it and um I loved talking to the 2 of you.

Ethan

Mr. Fast

Shawn

I hope that this was interesting to people I had fun. So I don't really care one way or the other cause that's all that matters is what are you doing in your moment but before we go it was a most important part of every show which is where we plug stuff that's important to us. Dave is there anything you want to promote plugged. You have a do you want people to follow you on social media or your company's website anything like that.

Dave

Um, you could if ah you go ahead and follow me on Instagram my um, my Instagram name is Dave Dot Kush that's DAVE period k u s h um if you just are entertained by this nonsense. There's lots of nonsense there. Also if you want to.

Shawn

Um, is that.

Dave

Go ahead and find me on Linkedin is where I'll talk more about topics like this and my name is David Kushner there and I'm not difficult to find. Yeah, it's David Kushner um it's the one that says social media and influencer marketing and has this space on it.

Shawn

Nice yeah, look for.

Ethan

Yeah, Dave you have a lot of really good updates on kind of the state of influencer marketing tips trends things like that particularly on Linkedin so don't shy away from the dark course of Linkedin if you're like I just want to follow him on Instagram you're going to get a little bit of different stuff following him on both.

Shawn

Yeah, different flavors.

Dave

Ah, Linkedin Linkedin is underrated I I have grown to appreciate it I you know it's really found itself. It's really found. Um, its form. It's very interesting. It seems like a lot of the more intellectual conversations that would happen that used to happen on Twitter now happen on on Linkedin when it comes to specific topics of professionalism or.

Shawn

Yeah, business. Yeah yeah.

Dave

Industries and things like that. Yeah that that conversation has largely migrated off of off of Twitter off of x which no one's ever calling it? um and you know Linkedin is is really interesting for that. It's really a great place for conversation. So.

Shawn

No, um now.

Dave

Yeah, come find me on Linkedin where I'm sharing a lot about our clients about influencer work. Um, and then some of the causes and things like that that are important to me.

Shawn

Awesome! And then Ethan speaking of Linkedin ah, where can people find you on Linkedin and where can people reach out to the law firm.

Ethan

Yeah, if you want to earn your one tenth of a whopper by connecting with me on Linkedin and then removing that connection I won't be harmed by it because I would want the whopper to but you could find me on Linkedin by searching for Ethan Wall or you could search for the social media law firm on any channel that you like and let us know whether or not it is Gif or Gif regardless of what you do, it will help us with the algorithm. So please please please find us online join the discussion.

Shawn

Yeah, and I'm ah available to anyone at all times if you just close your eyes and picture me in your mind I will appear and give you advice or just general good tidings and on that note we bring ourselves to the end of another exciting episode of.

Dave

What.

Ethan

Um, a.

Shawn

Social media logcast we did it Dave thanks for coming Ethan thanks for hosting me I'm just here bye.

Ethan

Um, next you got.

Dave

Thanks for having me guys. Um, we didn't even talk about Burger King's latest, most other successful viral thing campaign which is the whopper song and that will now be in my head until the next time we talk.

Ethan

Play us lot with the whopper songs. John.

Shawn

Um, ah, whopper song.