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  1. #1
    Chief Betty Victor Hanna's Avatar
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    This just in..... fyi

    ------------------------

    Pop-up ads get federal court OK

    A U.S. District Court judge has ruled that online advertising
    companies can launch pop-up ads on other parties' Web sites, The
    Wall Street Journal reported. Online publishers have sought
    legal sanctions against Gator.com and WhenU.com, which can track
    a user's Web visits and overlay a competitor's ad on a
    merchant's Web site. The monitoring of site activity is
    incorporated in free software people have downloaded.

    Judge Gerald Bruce Lee of the District Court in Alexandria, Va.,
    said people have, therefore, "invited" those ads by accepting
    the programs. "Ultimately it is the computer user who controls
    how windows are displayed on the computer desktop," he said.
    Lee's ruling came in an action brought by Amerco unit U-Haul
    International, accusing WhenU.com of violating trademarks and
    copyrights with pop-ups. A U-Haul spokesman said the company has
    not decided whether to appeal.

    ===================

    Regards,

    Victor Hanna
    The BettyMills Company
    http://www.BettyMills.com
    http://affiliates.bettymills.com/
    The BettyMills ABW Forum

  2. #2
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    A fair argument from the judge, but a bad outcome. I hate Gator and the other scum. My computer was infected twice by the crap.... Good thing it was easy to get rid of them.
    But there are some new scum who use the instant messaging system and those you cannot get rid of, only disable instant messaging....

    I hope this ruling will not be a stimulus for more of these vermin popping up....

  3. #3
    Chief Betty Victor Hanna's Avatar
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    Definately a fair argument, but I'd bet most people if given the option to opt-in or opt-out of the pop-up window tactics, would likely opt-out. The judge should have ruled it's ok so long as users get full disclosure on what was going to occur on their machine, and that the disclosure not be in the fine print.

    I think this opens the floodgates for these chumps and we can expect more of the same.

    Regards,

    Victor Hanna
    The BettyMills Company
    http://www.BettyMills.com
    http://affiliates.bettymills.com/
    The BettyMills ABW Forum

  4. #4
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    Thats just one case, there are still more cases pending. Need to get better lawyers. I've always thought who cares what kind of agreement software apps and users get into. The pops happen because of whats on MY SITE, my content. There have been cases such as the ones against Gator where Gator settled with publishers and not to pop on their sites. There are still lawsuits lined up against them. I figure eventually publishers will win because those pops feed off of the content of our sites and profit because of whats on MY site. Just a matter of time.

    "The successful man is the average man, focused."

  5. #5
    ABW Ambassador erninator's Avatar
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    I woke up this morning wondering what would happen if all affiliate sites went down at the same time. The parasites would only be feeding off of the merchants. Now that would get some attention from the merchant side of this game and I'm sure their lawyers would get on the ball.

    Ernie

    It may be that my sole purpose in life is simply to serve as a warning to others.

  6. #6
    ABW Ambassador Nova's Avatar
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> I woke up this morning wondering what would happen if all affiliate sites went down at the same time. The parasites would only be feeding off of the merchants. Now that would get some attention from the merchant side of this game and I'm sure their lawyers would get on the ball.
    <HR></BLOCKQUOTE>

    I would love to see the boycott turning off all affiliate sites for even a day with a 404 note saying "You have a parasite downloadable scums goowie crap in your PC" until you clean it up (click here that will take it to the parasite detection!), your browsing habit is violated!

    Of course someone can come up with a better english than mine!

    I think that will give a little noise around the cyberworld and watch the TV News talking about it!

    That would be a hoot to see!

    ------------------------------
    What does the COC stand for? Crooks Overwriting Commissions.
    Don't worry! Tracking is infected!
    ------------------------------
    Love Life to the fullest. we only get ONE chance! :-) !

  7. #7
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    Something i would do, is somebody pick a day and have affiliates instead of removing merchants, which is very time consuming, put a message on the front page about all the crap that might be on their computer, where it came from, how to get rid of it, that sort of thing. A factual message that affiliates can copy and paste, would take a minute or so to add to your site. Get as many as affiliates as you can to do this. Get some of the major ones to participate, press releases etc. Removing links would take days for some, a copy and paste message on the front page takes a minute. If affiliates see some of the bigger affiliates particate, couponmountain, dealcatcher, fatwallet, bizrate then maybe more would participate. Do isps lose money to this stuff too? They have a broad reach.

  8. #8
    ABW Ambassador erninator's Avatar
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    I would be eager to slap anything on my home page for a day if it helps educate consumers. They're being duped as well as the Mr. Merchant. Or, how about a detect script that popped up a full page. We could just leave the script in place all the time.

    Ernie

    It may be that my sole purpose in life is simply to serve as a warning to others.

  9. #9
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    I would do that, put something on my home page. Past boycotts were impractical because they involved pulling merchants and links, very time consuming and for some with lots of sites/big sites near impossible. A front page message type of deal, i think would garner more support, especially if you can get some of the bigger players to participate.

    Not a boycott but a Consumer Education Day. Informational front page post.

    [This message was edited by TrustNo1® on September 08, 2003 at 08:51 PM.]

  10. #10
    ABW Ambassador Nova's Avatar
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    Someone need to contact that guy that sending all that spam or worm and make him send valuable information to everyone instead of annoying people he could use his skills to alert people about this parasite!

    ------------------------------
    What does the COC stand for? Crooks Overwriting Commissions.
    Don't worry! Tracking is infected!
    ------------------------------
    Love Life to the fullest. we only get ONE chance! :-) !

  11. #11
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    You need to get a judge to sit and surf the net with the crap on his computer.

    Lets face it some people don't know truely understand,

    Mostly people don't want the crap. The judge should of told whenu, to have a uninstall button on every single button that pops up.

    How can a lawyer describe a drive by. Or it's in the fine print. The judge is not thinking like a normal person, I can't see a judge spending enough time online to understand what it happening. He's only gaining his education from the lawyers.

    Some of these lawyers should be bringing laptops into the court room. And prove to a judge the customer didn't ask for it.

    And so what if the window is a seperate window, it's blocking the view.

    "Minds are like parachutes - they only function when open." Thomas Dewar

  12. #12
    ABW Ambassador erninator's Avatar
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    I built a page for my site's visitors to help them remove WhenU/SaveNow BHO from thier computers. I have been surprised how many thank you emails I've received. I was shocked to see my page ranks #1 on Google for "dump whenu".

    Ernie

    It may be that my sole purpose in life is simply to serve as a warning to others.

  13. #13
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    is it true there is a script that you install on your site and when an infected person hits it, it wont let them access your site?

    if so, i would leave it on my site for at least a week and it is a music related site.

    if this script exists and if it is easy for me to install, ill do it right now.

    just show me the way....

  14. #14
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    Hey Erminator,

    I would like to post parasite removal instructions on ALL my sites too. If more of us do this, I think sales for ALL of us affiliates should increase

    Where can I get the instructions from?

    Can I simply copy the instructions for whenu and savenow from your site?

    Parasites are thieves. What are you going to do about it?

  15. #15
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    My take is this liberal bent Judge would rule the 8 year old girl consented to sex the moment she accepted the lollipop ...EOM

    Mike & Charlie ...

    If they won't adopt and feed a bird ..flip them one! BBQ some Gator and remember to flush WhenU..

  16. #16
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    This is exactly what I always said: only the consumer or user can stop that popups. He can file a complaint or sue gator if he wants to stop these popups when he stops using the free software. We all here on this board are also consumers, and we all should file a complaint to the FTD or what department ever. Thousands of complaints can not be overviewed.


    carneol

  17. #17
    ABW Adviser Panel Dynamoo's Avatar
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    I put a version of the Doxdesk script on my site, but I did find it awfully slow because of the number of parasites it checks for. Might be better trimmed down, I don't really know.

    In the end I had to get rid of it because it was impacting on my traffic.. shame really.

    ________
    "All your commission are belong to us." - Slimeware Corporation

  18. #18
    ABW Ambassador erninator's Avatar
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Can I simply copy the instructions for whenu and savenow from your site?<HR></BLOCKQUOTE>

    Feel free to use the content on my site. Maybe someone can suggest some improvements as it's been a long time since I built the page and haven't updated it much since then.

    Ernie

    It may be that my sole purpose in life is simply to serve as a warning to others.

  19. #19
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    Hey if someone builds it I will use it!

  20. #20
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>
    Mooderator

    posted September 09, 2003 03:44 AM
    I put a version of the Doxdesk script on my site, but I did find it awfully slow because of the number of parasites it checks for. Might be better trimmed down, I don't really know.

    In the end I had to get rid of it because it was impacting on my traffic.. shame really.
    <HR></BLOCKQUOTE>
    I found it slowed things down too which was unfortunate
    On one of my sites that I know gets bombarded I have started adding this link at least.
    This site is a pop up free site!!!
    If you experience them on this site your computer may have spyware/parasiteware on it. Clean it up here(links to dox)

    ...............
    WW

    Make a difference! Support your local Cancer Care providers.

  21. #21
    Web Ho - Design B!tch ~Michelle's Avatar
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by TrustNo1®:
    Something i would do, is somebody pick a day and have affiliates instead of removing merchants, which is very time consuming, put a message on the front page about all the crap that might be on their computer, where it came from, how to get rid of it, that sort of thing. A factual message that affiliates can copy and paste, would take a minute or so to add to your site. Get as many as affiliates as you can to do this. Get some of the major ones to participate, press releases etc. Removing links would take days for some, a copy and paste message on the front page takes a minute. If affiliates see some of the bigger affiliates particate, couponmountain, dealcatcher, fatwallet, bizrate then maybe more would participate. Do isps lose money to this stuff too? They have a broad reach.<HR></BLOCKQUOTE>


    Ya know, that might work.

    Does anyone remember the internet Black Out? Millions of pages made their main page Black with a message in white text for something. (my memory is a bit cloudy today) Seems like it was a statement against copywrite thieves.

    It had a nice impact and made many people aware.

    Once you landed on the site, you could click a link to enter the site somewhere near the bottom of the page.

    The pages were put up at midnight and left up until the next midnight.

    Someone wrote up the HTML for the main page so that they were all the same, and you could insert your link to enter you site near the bottom.

    You just named that page index.html and renamed index to something else for the day.

    ~Michelle

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