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A comment on Paid $75k to Love a Brand on Instagram – Is It an Ad?. Parent comment

Re:Paid $75k to Love a Brand on Instagram – Is It an Ad? by downandout on Tuesday August 30, 2016 @01:38PM (#12392137)
Yes, but he's still saying that should be labeled as an ad just because the person got paid for it. That's what I disagree with. The only test should be "would the user be seeing this if the poster wasn't paid?"
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Re:Paid $75k to Love a Brand on Instagram – Is It an Ad? by mikeash on Tuesday August 30, 2016 @01:51PM (#12392259)
How could you ever answer that test with any reliability? Any hypothetical is going to be irrevocably tainted by the money.
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Re:Paid $75k to Love a Brand on Instagram – Is It an Ad? by downandout on Tuesday August 30, 2016 @03:42PM (#12393237)
The law is full of such extremely subjective tests.
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