Can market research (keywords) be considered intellectual property?! (*not an SEO question*!))

8 replies
I know I should know better than to ask for legalish advice on a forum, but just to get some opinions...

It's like this - a very well known site has gazillions of pages on a mind-numbing range of niche ('long-tail', if you will) subjects. This company (as well as others), has probably spent millions researching these niches/long tails in order to produce relatively shallow search-engine fodder in terms of content - you know the story, right?

I have written a software script that enables me to potentially harvest millions of these "long tail keywords" - a good proportion of which (and their "broad matches") turn out to be potentially very lucrative, not surprising really! These keywords are PUBLICLY EXPOSED (it's not hacking!) - anyone with a browser can potentially see them (and they can be inferred very easily anyway).

So, the question is, if I produced a WSO or other product selling batches of these keywords (that are a goldmine, quite frankly), am I violating any intellectual property law and could I end up getting a C&D (or worse) from the big guns in question?! I mean, no-one can claim a monopoly over search terms, right?! But on the other hand it is a form of original research. Any thoughts?!
#considered #intellectual #keywords #market #property #question #research #seo
  • Profile picture of the author feedtherightwolf
    You need a lawyer, and good luck finding one who understand the delicacy of the internet business.

    Personally though, I would go for it and take my chances.
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  • That's a good question. Definitely a lawyer should be the person you talk to, though.

    IMO, I would think that if they turned that research into a product of some sort, then 'Yes' I would think they own that. And most websites do have stipulations about all content on the site being owned by them. Do they have a TOS you can read through? You would probably find it in there, I would think.
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  • Profile picture of the author markowe
    A lawyer, for an WSO, are you crazy?!

    Thanks for the ideas - interesting two points of view there. It DOES sound a rather grey area, probably would take a court case to clear up!

    Can someone really hold the rights to three random words from the English language? (hmm, well, several million sets of them)
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  • Profile picture of the author christopher jon
    In simplified terms, this is what is seems like your asking...

    A really big site is creating a lot of pages/content for a lot of different topics/keywords.

    You are using this site as a keyword resource by referencing the content they are producing.

    You've come up with a way to figure out what keywords they are creating content for.

    I don't see the problem. If I am working on a niche site, I'll look at all of the other existing sites in that niche to grab ideas for keywords and content. I think everybody does this.

    It sounds like you've come up with an automated way to speed up the process.

    A way to do this with blogs is to grab all of the post titles through RSS feeds. It's freely available information that you can take advantage of.
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    • Profile picture of the author markowe
      Originally Posted by christopher jon View Post

      In simplified terms, this is what is seems like your asking...

      A really big site is creating a lot of pages/content for a lot of different topics/keywords.

      You are using this site as a keyword resource by referencing the content they are producing.

      You've come up with a way to figure out what keywords they are creating content for.

      I don't see the problem. If I am working on a niche site, I'll look at all of the other existing sites in that niche to grab ideas for keywords and content. I think everybody does this.

      It sounds like you've come up with an automated way to speed up the process.

      A way to do this with blogs is to grab all of the post titles through RSS feeds. It's freely available information that you can take advantage of.
      Yes, that was the way I was trying to see it - and the method I am using is somewhat akin to what you describe with RSS feeds - those are a wealth of niche information too

      I suppose though that using this information for my own research (and I most certainly do!) is one thing, but the claimant to this 'property' might take a dim view if I started selling the info, I guess that's the big problem with this!
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  • Profile picture of the author christopher jon
    Covering the same topics (keywords) as another website isn't really intellectual theft.

    Putting out a list of keywords, even if you developed your keyword list based on what other websites are using isn't plagiarism or anything illegal I can think of.

    I have an idea of what I think you might be doing and I don't think your doing anything wrong, I'll leave it at that since I don't want to give anything away and steal your potential products thunder.
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  • Profile picture of the author Alfredo Carrion
    No, I don't think so. But you'd have to consult a intellectual properly lawyer for more information.
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