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  1. #1
    Affiliate Marketing Consultant Linda - 5starAffiliatePrograms's Avatar
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    Hot off the Press - Court takes Whenu's side.
    Mentions that this could affect Overstock's case.

    CNET News.com July 1, 2003, 4:40 PM PT

    A federal court has ruled that pop-up ads for rivals of U-Haul International, placed atop the moving company's own site by a third-party software application, are legal.
    The summary decision, handed down last week, was a blow to U-Haul in its lawsuit to bar software maker WhenU.com from delivering competitors' ads to visitors to U-Haul's site. The judge granted WhenU's motion to dismiss charges of trademark infringement, unfair competition and copyright infringement.

    Full Story Here:
    http://news.com.com/2100-1024_3-1022791.html

    Linda Buquet ~ Affiliate Management Consultant ~ Catalyst eMarketing.com
    Representing 5 Star Affiliate Programs: DentalPlans|zZounds|Irv's Luggage|Roadloans

  2. #2
    ABW Veteran Student Heyder's Avatar
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    Goal: to earn one dollar without working for it.

  3. #3
    Defender of Truth, Justice and the Affiliate Way
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    It will be very interesting to see what the full opinion is once it is available. A summary decision is even worse. I'd also be interested is seeing exactly what and how UHaul presented as their case.......

    It's Your Money. You earned it. What are you going to do to make sure you get to keep it?

  4. #4
    Defender of Truth, Justice and the Affiliate Way
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    A bit more info in this article http://www.internetnews.com/IAR/article.php/2230651

    It's Your Money. You earned it. What are you going to do to make sure you get to keep it?

  5. #5
    ABW Ambassador buy_online's Avatar
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    Federal Court of Appeals next?

    Fred

    "Yo mamma so skinny, she hang glides with a Dorito."

  6. #6
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    I'll need to see the entire decision before I comment fully, but in a day when unauthorized fax advertisements have a $2,000 fine ... I find this pure horshockey!

    <font size="2" face="Verdana">Haiko


    The secret of success is constancy of purpose. ~ Disraeli
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  7. #7
    ABW Ambassador Andy's Avatar
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    There is no justice. Surely the founding fathers of this country are rolling over in their graves on this decision.

    Let's hope it gets overturned in appeals court.

    Andy

    _______________
    "If you were born to be shot, you'll never be hung." -Unknown

  8. #8
    Defender of Truth, Justice and the Affiliate Way
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    I'm not sure if you can appeal a summary dismissal or not. Even if you can, it will be up to U-Haul if they want to do this or not. But considering they have filed to drop the other 4 actions the judge didn't dismiss, I would be surprised. But they do say they are waiting also to see the judge's full decision before they comment.

    It's Your Money. You earned it. What are you going to do to make sure you get to keep it?

  9. #9
    ABW Ambassador mousejockey's Avatar
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    This is madness!
    I don't give two figs what anyone has on their desktop but where is the line of demarcation between the desktop and a website?

    Why have privacy policies,why should we be liable for the content on our sites when we are not in control?

    I now live around the corner from an IT University what's to stop me or anyone else getting someone to develop a similar program?

    Can you imagine what the web would be like with everyone having their own little parasite programs running amok!

    Wanted to add...besides ethics!
    Spitting Chips

  10. #10
    ABW Ambassador ShoreMark's Avatar
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by Haiko:
    I'll need to see the entire decision before I comment fully, but in a day when unauthorized fax advertisements have a $2,000 fine ... I find this pure horshockey!
    <HR></BLOCKQUOTE> I don't think this interim decision necessarily negates any other current or future suits, each will have their own nuances. Still, it does seem to me that the road to success may run through the interference play on the relationship between the affiliate and the merchant. i.e. generally the contract says you'll be paid on orders resulting from click-thru's from your affiliate site, if any third party is preventing that, it sure seems like there is another avenue to pursue.

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