Legal Issues

Legal Issues

by Mike Masnick




Adware Pop-Ups Found To Be Legal Again

from the legal?--yes.--annoying?--yes. dept

A couple months ago a judge determined that adware company WhenU (who is very similar to Gator) was perfectly legal in having their software pop up ads on the computers of those who installed the software. WhenU was being sued by sites who were pissed off that WhenU's ads were blocking their own. Now, in a different case arguing the exact same thing, the judge has read the law the same way and said WhenU does nothing wrong in putting pop-ups in front of others' websites. Whether or not they're sneaky and confusing to end users who are installing the software is a different matter altogether. But, it seems clear that websites who find that adware pops up new ads over their website have little legal recourse. As annoying as the adware is, this is the proper legal decision based on what this case was about. What might make more sense, though, is to have companies like WhenU and Gator be much more explicit about what they're doing to your computer.

4 Comments | Leave a Comment..

 
 

Reader Comments (rss)

(Flattened / Threaded)

  1. Nov 19th, 2003 @ 5:56pm

    This is a good thing

    by DV Henkel-Wallace

    This decision is a good thing.

    It's your browser, not the sender's. They sent you HTML; you get to display it however you like, including not displaying part if you want. If you want to download some software that pops up different ads, that's your business.

    Don't forget that there's a segment of the "entertainment" industry that disagrees: they want you to have to watch ads, and don't want you to time-shift or make copies for your own use.

    There is a separate problem with software like Gator -- it's deceptive towards the end user. But that can be handled on its own merits. It's none of CNN's business how I choose to view it.

    (reply to this comment) (link to this comment)

  2. Nov 20th, 2003 @ 12:25pm

    Registered criminals ?

    by AMetamorphosis

    Mike writes: " What might make more sense, though, is to have companies like WhenU and Gator be much more explicit about what they're doing to your computer. "

    Mike, with all due respect, that is the equivalent of asking all criminals to register their firearms and alert homeowners as to when they intend to rob them.

    In theory, your idea makes sense, but Gator, Xupiter, Alexis, etc do not care to play by the rules to begin with or they would already do as your suggesting.

    (reply to this comment) (link to this comment)

  3. Nov 20th, 2003 @ 7:35pm

    No Subject Given

    by King Leer

    this is correct:
    "a couple of months ago..."
    this is not:
    "a couple months ago..."
    Knock it off! Your grammar sucks.

    (reply to this comment) (link to this comment)

  4. Nov 21st, 2003 @ 9:48am

    No Subject Given

    by Stefan

    Oh, a Grammar flame... you is rock!

    http://www.winternet.com/~mikelr/flame31.html

    (reply to this comment) (link to this comment)

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Plain Text HTML Save me a cookie
  • Plain Text: A CRLF will be replaced by break <br> tag, all other allowable HTML is intact
  • HTML: No formatting of any kind is done without explicitly being written in
  • Allowed HTML Tags: <b> <i> <p> <a> <em> <br> <strong> <blockquote> <hr> <tt>
Close
Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Plain Text HTML Save me a cookie

Search Techdirt
And now, a word from our Sponsors..



Subscribe to Techdirt's Daily Email Newsletter

Techdirt's Daily Email Newsletter

Related Stories
Close
E-mail It