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I already answered most of your objections in my original post. Specifically, I wrote:
So, direct advertisements (e.g. "marketing" copy posted on the company's own website for its own products) isn't covered by my definition at all and would continue to be legal (intentionally so).
And your third objection:
Please think about these examples in light of the theory of harm that I proposed:
None of them (except the branded clothing example possibly) run afoul of it.
Branded clothing is a genuine gray area. If there was similar but non-branded clothing available from the same company that sold for more, I'd definitely consider the branded clothing paid for by the discount. But there often won't be and at least for the initial implementation, I think such cases would slip by. But branded products are easily one of the least egregious forms of marketing around.
Nonstandard forms of payment: is already something the legal profession (and industry at large) has a lot of experience dealing with for e.g. insider trading, bribes, trusted actors getting free expensive meals from sales people, etc... Banks for example have very extensive policies around limits to entertaining clients to "avoid the appearance of impropriety."
And finally:
I'm trying to be charitable here but this is just so far from my experiences that I have a hard time believing it. How often in a typical month do you buy something off of an advertisement? Something that you weren't already thinking of getting (or at least a generally similar product)?
This is a loophole you can drive a truck through. "Party B isn't giving unsolicited information to Party C. Party B is giving it to the broadcast station, who is then broadcasting it to Party C."
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All you've done here is childishly blow the American tech industry's brains out because you think commercials are a drag. China will happily pick up the slack when no one wants to pay thirty bucks a month for Instagram or whatever, leaving you with nothing.
I'm curious if, in this insane scenario, it would become possible for global brands to advertise on streams based in foreign countries, for the purpose of targeting American consumers of those same goods located in America. The NFL becomes PPV in the USA, but it streams free live on TikTok, and Coca Cola and Apple (through their Chinese subsidiaries, of course!) run advertisements during the game.
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