SMA-NA Says Yes To Fight Against Traffic Power While SEMPO Stands on the Sidelines

In an ongoing thread that discusses the lawsuit that Traffic Power filed against Aaron Wall of SEO Book, members began to inquire as to whether the two North American search engine marketing associations SMA-NA and SEMPO, were going to comment or get involved in any way. The reasoning is that this lawsuit is not just against one individual but as AussieWebmaster, a moderator at Search Engine Watch Forums, puts it, "The case is directly related to this industry and could have huge impact on what can be done in forums, blogs and even ad copy." So where do the two associations that are supposed to represent search marketers in North America stand?

A SEMPO representative posted the following in the thread referenced above:

It is the policy of SEMPO not to comment on any legal cases pending, particularly those that do not directly involve our organization. This matter in particular will be decided under existing case law relating to freedom of speech, libel/slander, and contract law. There is no compelling reason for a nonprofit group with a mission of education and market expansion to become embroiled in a legal discussion unless there is a specific reason for it such as providing expert opinion on definitions or methodologies; and if we had been solicited, then we certainly wouldn’t be able to comment.

Okay, so it seems that they are staying out of the fight. However, SMA-NA, a newly forming organization that will represent search engine marketers in the US, Canada and Mexico doesn't feel the same way at all. Ian McAnerin posted on his blog regarding SMA-NA's stance. Here are a few highlights:

I felt it was a key issue, and a serious one affecting the internet as a whole. As such, I discussed it with the other paid members of the SMA-NA at the time and decided it would be best to see what we could do about this on behalf of the SEO and Blogger industry....

I talked to Aaron and got his approval to help out on behalf of the SMA-NA. Then I went to one of the best law firms (IMO) in the state - Jones Vargas, whom I've worked with before, and contacted Ariel Stern, an all-around nice guy....

It was pretty clear that SEO's and bloggers sometimes need legal help (I get questions all the time, for example). So I talked to the fine folks at FindLaw and we are in the process of working out the details on providing methods of connecting experienced internet lawyers to SMA-NA members, in addition to providing other legal resources, advice and benefits.

Once we work out the exact details, I'll use that as a template to approach lawyers in Canada and Mexico so that any SMA-NA member anywhere in North America (or any SMA member worldwide who needs legal help from within North America) will be able get it.

Kudos to Ian and the SMA-NA! My own feeling is that Traffic Power is a bully and they picked on the wrong guy. While Aaron doesn't have a big powerful company and an endless supply of money, he does have a lot of friends and influence - even more now. I think it is great that SMA-NA has decided to stand and fight with Aaron as well as for the rights of bloggers, forum owners and webmasters. I am sorry that SEMPO has decided not to join. That is simply my opinion. Feel free to form your own.