Zune viral marketer arrested at SXSW

Now that South By Southwest Interactive is coming to a close, the SXSW music festival is getting underway -- a perfect time and place for Microsoft to get the word out about its floundering Zune. Except when a viral marketer charged with putting up those distinctive magenta Zune logo posters around town is instead became charged with, oh, what, vandalism of public property? Microsoft's primary PR firm on Zune, Edelman, had no comment on this matter at the time of press, but we hear the viral marketer in question will get either three days in jail, or three appearances in front of a judge (whichever comes first).

Update: Microsoft gave us a ring with the following: "We can confirm that an employee of a marketing agency engaged by Zune was cited for hanging promotional posters at SXSW. We've launched an internal investigation and will cooperate with local authorities and festival organizers in all regards. Zune is committed to lawfully and respectfully promoting its products and services." Ok, so who's the moran / evil genius behind this thing?

[Thanks to everyone who sent this in]

[akintz @ Mar 14th 2007 8:59PM]

At least they got SOME publicity for the Zune out of it.

[AC @ Mar 15th 2007 10:58AM]

What i don't understand is, since when did putting up posters become viral marketing? It wasn't viral marketing till the guy got busted and the story started spreading over the internet.

[Blaine @ Mar 14th 2007 9:00PM]

I guess someone's not invited to the social! zing! Oh man, I crack myself up.

[Ellianth @ Mar 14th 2007 9:16PM]

What are you talking about? Everyone who's anyone knows that jail is THE place to be for social interaction! :P

[lyl545646 @ Mar 14th 2007 9:18PM]

I'm just gonna grab myself a nice bag of Doritos, so when you guys are done bashing the Zune, call me.

[Sean @ Mar 14th 2007 9:22PM]

Oh Snap!

[Matt Hall @ Mar 14th 2007 9:24PM]

They arent executing him? I would have expected that from the reputation of where this happened!

[Kev50027 @ Mar 14th 2007 9:30PM]

This could have been a set up. As Blaine says, now everyone knows that viral marketing not only cheap, but it can get you big publicity if you get caught doing it.

[kingofwale @ Mar 14th 2007 9:43PM]

I'm shocked he wasn't also charged with fake advertising as well as fraud. ;)

I think there will come to a point where people just say "aww, give those Zune a break", obviously that point is not now... yet.

[Gabo @ Mar 14th 2007 9:43PM]

"I should be allowed to glue my poster
I should be allowed to think
And I should be allowed to blurt the merest idea
If by random whim, one occurs to me
If necessary, leave paper stains on the grey utility pole"

I'm conflicted here. I'm not a fan of blunt corporate attempts at viral marketing, but I do support expression as harmless as putting up some posters. If I think I should have the right to do something like that for a band I like, for instance, shouldn't anybody?

[Paul @ Mar 14th 2007 9:46PM]

So when someone puts up a poser about their lost dog.. that is vandalism?

[Ryan Block @ Mar 14th 2007 9:48PM]

Is there a commercial interest, advertising agenda, and payrolled party behind a lost dog flier campaign? Doubtful.

[Austin @ Mar 14th 2007 10:41PM]

"So when someone puts up a poser about their lost dog.. that is vandalism?"

It is if nobody likes the dog's owner.

[Lee Roy Brandon III @ Mar 14th 2007 10:39PM]

Here in Charleston South Carolina, it IS vandalism. Sec. 21-86. Defacing public and private property. A few months ago the city had a crackdown which hit the local music scene pretty hard when they started handing out $1000 fines PER OFFENSE, which is every individual flyer. Telephone poles are bare now! BTW, we've had the same Democrat Mayor for almost 30 years... sigh.

[mrsalty @ Mar 14th 2007 9:49PM]

well, for those that don't mind posters, give me your address and I'll put up a few thousand zune posters around your neighborhood and sure you'll enjoy that. I would prefer an unbranded world.

[Eh @ Mar 14th 2007 9:50PM]

About time one of these viral marketers got busted. Too bad they didnt catch any of the people that did the PSP grafiti.

[Jason @ Mar 14th 2007 10:02PM]

I see what you did there.

[Paul @ Mar 14th 2007 10:07PM]

That guy must have been just a complete a$$ to the cop - we would normally just warn the guy and tell him to leave with his stuff... I would say people get arrested less than 1% of the time for stuff like that....

[phinh @ Mar 14th 2007 10:24PM]

surprising it didn't come across as a bomb scare ..

[codywatson @ Mar 14th 2007 10:22PM]

The photos look set up to me. #1 look how close the guy must have been to take a photo of the cop- would the cop allow this? #2 the front wheel of the cop car is very close to the curb in the second photo, in the first, you can't even see the curb. (although there is a bit in the corner that MAY be the curb, the angles appear to be different). #3 This guy doesn't even look like a cop to me- don't they have some sort of uniform? #4 the website source doesn't say much about the story and situation behind the photos.

[Chris @ Mar 15th 2007 6:46AM]

There was probably more than just one cop car, and the cop could have had some sort of a "police uniform" fleece on because it was cold. "He doesn't even look like a cop to me" is probably the worst argument for calling something a fake that I've ever heard.

[paul34 @ Mar 14th 2007 10:22PM]

ZOMG!

IT'S A BOMB!

QUICK, someone call Boston PD!

[cc @ Mar 14th 2007 10:26PM]

Does the sign have herpes? Or make copies of itself? I don't understand.

[Nick @ Mar 15th 2007 10:38AM]

you make it sound as if its a bad thing that Charleston started cracking down on people defacing property that isnt owned by the vandals... besides you have all these music ecommmunities to post your music up for free and get your name out there... who pays attention to flyers anymore? i know i dont.

[Iridium @ Mar 14th 2007 10:48PM]

A lot of cities do not allow Viral marketing for the reason that the entire city gets covered by posters including private property. Cleveland was a trash bin until they outlawed posting materials on city grounds. These laws are good and help to keep the city looking clean

I was hired to do marketing for the Nokia N-Gage. They wouldn't pay me because they said I didn't take pictures of areas I posted promotional materials. I satsifed the other requirements but becuase I didn't satisfy that I didn't get paid.

I said that posting materials in Cleveland is illegal and I didn't want to take the chance of being arrested or given a ticket. The response from the viral marketing comapny was, "Well we do underground advertising and much of what we do is illegal. If you aren't willing to engage in these activities we will find someone else"

Excuse me, so you have a company being paid by Nokia paying people to engage in illegal activities. Shouldn't that throw up a little red flag. Viral marketing should not be allowed becuase by the letter of the law it is an illegal activity. I wish I had recorded that conversation. I would have went straight to my local disrict attorney and entered a civil lawsuit against Nokia.

[Twist @ Mar 14th 2007 11:01PM]

Since when is posting posters with the product name and logo considered "viral advertising"? Only thing even almost viral about this is that they were obviously doing it without a permit. Most viral ads seem to be somewhat obscure sometimes to the point where you don't even know what they are for. You know like cologne/perfume ads on TV.

[Johnny @ Mar 14th 2007 11:33PM]

I agree, Twist. The guy was putting posters up. There's a term for that. It's called "marketing." The fact that he did so without permission doesn't make it "viral" -- just dumb.

[Curtis @ Mar 14th 2007 11:33PM]

Anyone keeping a running count on estimated Zune sale numbers?

I haven't seen a Microsoft Zune commerical since last December and only a couple them.
And speaking of watch... I can't even remember the last time I've seen a DAP TV advertisement that was for iPod/iTunes or a cell phone. iPod competitor's must realize that you can't just place ads in magazines and the Web to draw attention your product.

Btw... I'm a iPod guy and Mac owner. But "Fair" competition is great for us consumers.

[michael @ Mar 14th 2007 11:55PM]

Actually they sold at least 160,000 units by now, according to somewhere on their site. It's true, take a look so yourself.

[Jeff @ Mar 14th 2007 11:36PM]

Since when is putting up a bunch of posters "viral" marketing? Seems like that term's lost all its meaning these days - viral marketing is supposed to be marketing that the masses pick up and do themselves. You know, spreading it like a virus.

Ain't no poster gonna do that.

Poster ads have been around a lot longer than viral marketing...

[Juaquin @ Mar 14th 2007 11:39PM]

But "viral" is the new buzzword! No Engadget post would be complete without ten buzzwords!

[jeremy @ Mar 14th 2007 11:44PM]

goddam but we need to change some laws, zune aside.

[mathew @ Mar 14th 2007 11:52PM]

It's Texas, don't we get to execute him?

[GameboyRMH @ Mar 15th 2007 12:34AM]

Wow, a big orange poster with a Zune logo. Brilliant advertising. Wow, now I really want to buy this mediocre overpriced DRM-ridden digital media player even more than the one those sexy dancing silhouettes had!

[Marin Perez @ Mar 15th 2007 12:45AM]

Isn't it "moron?"

[jonv-gen1 @ Mar 15th 2007 1:19AM]

This is so obviously fake. Notice that the Microsoft PR blurb doesn't say "arrested," it says "cited." This is staged, and it's crap.

Too bad Engadget is propagating this junk.

[Larkin @ Mar 15th 2007 2:13AM]

South By So What.

What if they spread a virus and no one caught it?

[g4scott @ Mar 15th 2007 2:15AM]

Good for APD. Keep that trash out of my city!

First useful thing I've seen them do in quite some time.

If one company can put up as many posters as they want wherever they want, what's to keep everyone else from doing the same thing? I don't want my beautiful Austin ruined by everyone who thinks they can be "progressive" and "hip", and vandalize whatever they feel like vandalizing. I'm already tired of all the crap they call "art" around town...

Besides, all those foreigners from sxsw can leave whenever they feel like it. The extra traffic, and crowding of 6th street during my spring break is really beginning to piss me off. Go home.

[Bill @ Mar 15th 2007 2:35AM]

I like how the actor getting arrested in the pictures has tattoos and a "hip" hat and haircut. That means he would buy a Zune, get it? Funny joke.

[cs32 @ Mar 15th 2007 2:36AM]

I read an tracking company's (I think it was NPD) report where Zune had 10% marketshare last month. So if the Zune is "floundering", then I guess when you compare the Mac to Windows you will be saying that the Mac sales are "abysmal" or something similar?

[Rob @ Mar 15th 2007 12:55PM]

Great post CS! I can see Engadet writers are your typical mac user. A stuck up asshole!

[Extinction @ Mar 15th 2007 2:41AM]

That wasnt illegal though, Sony rented the space they advertised on.

[mrhammerstein @ Mar 15th 2007 3:04AM]

"I like how the actor getting arrested in the pictures has tattoos and a "hip" hat and haircut. That means he would buy a Zune, get it? Funny joke."

funny, i thought this was the ipod crowd. or is it just soccer moms who buy the ipods?

[Marq @ Mar 15th 2007 4:12AM]

Thanks for reminding me about that great They Might Be Giants Song...hold on..isn't that considerd viral subliminal posting, subconciously coaxing me to surf over to iTunes and download that TMBG album onto my Zune?

(just kidding, I've an iPod)

[bryan @ Mar 15th 2007 4:41AM]

http://www.netcartoon.net/naaas/stupid1.jpg

[Tim @ Mar 15th 2007 6:22AM]

This looks so staged!
All you see is a guy (not in uniform) bending down over some posters in front of a (parked) police car next to a lamppost. Then again with another guy holding his hands together (You can not even be sure he is cuffed) being held by the arm the other side of another police car (which is incidentally not in the same position as in the first shot). This one could also be parked for all I know (at KrispyKreme no less).
It would be more convincing if they had the car door open and were helping the guy in.
Anyway, who happens to be there taking pictures by 'chance' and post them to an electronic website?
Looks awfully fake to me...

[DJ @ Mar 15th 2007 9:09AM]

Ever notice how it's always the foot soldiers that go to jail or get killed in action? Never the top dogs like Bill Gates or GWB. Wonder if Bill at least posted his bail (in Zunes)????

[rwebbart @ Mar 15th 2007 9:51AM]

I am in Austin for SXSW. Every one of those light poles is covered in posters right now.

I watched another guy walking along dropping little 3"x5" postcard ads for a certain club every few feet, that seems much worse to me.

Makes me wonder why this guy got arrested? He must have been a complete idiot and been a prick to the cops.

[Lee Roy Brandon III @ Mar 16th 2007 12:09PM]

I agree that it's a poor marketing form, I (and others in town) thought that the fines was a little steep. High School kids were getting fines that would bankrupt them and their families for life...imagine putting up a couple dozen flyers to spread the word about your garage band. We're talking local bands, not national or regional acts, and that kind of advertising had gone on for years with no peep from the city. The city dropped the fines substantially, but the point was driven home. And the law is enforced unevenly (targeting the music scene), because lost dog and garage sale signs are still up all over the place...

[Nick @ Mar 19th 2007 2:13PM]

i can imagine lost dog signs being allowed cuz its not a form of promotion for a product/service... but i would then agree that it was being enforced unevenly and understand the frustration since they were still allowing garage sale and other personal promotion flyers to be posted all over...