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A person shouting about their wares at a market (iow a sole propietor advertising their products through direct to customer advertising in a shopping area) is different than a multi-million ad designed and produced by dozens of people including professional social engineers that have studied psychology at the worlds top universities all so widget Co. can sell more widgets. I don't have a problem with people barking about their products when I'm at a market. But I do have problems with just about everything about modern corporate advertising. Merely listing every individual aspect I take offense too would take hours. I draw the line at the point where anything is exchanged, given, or recieved, tangible or otherwise, to allow someone/something/some co, to display, demonstrate, brand, or otherwise make known anything through an intermediary. To clarify. Having generic, unobtrusive signs pointing to food courts around a sports Arena where one can purchase food, that may or may not be served in branded containers is acceptable. Neon signs, or banners, or full advertisements on big screens, etc advertising some company that is not doing any business directly with the attendants at said Arena is unpalatable to me. Likewise, selling refreshments with branding foranything besides the establishment selling the item, or the company that manufactured the item is ridiculous. |
But if I pepper a market crowd with my family members all randomly talking about how amazing the food/widgets/whatever over at Bob's Widget Stand are, so that over hearing bystanders can hear is a form a psychological manipulation that may fall into a gray area.
Ultimately, each time you say "this is fine, this isn't", you're adding an exception and branching logic that will be argued about ad infinitum.
Laws, like lines of code, have a technical debt to them, except the lines of law are likely to impact more people generally, enough so to ruin lives and industries (which can happen with code, of course, but code doesn't have the same global application to every member of society backed up with the use of force).
I'm not saying that reaching an acceptable compromise is unachievable, but conceptually, it's a lot more involved than simply laying out the broad strokes, with tons of ramifications, implicit and otherwise, that have to be considered.