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  1. #1
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    There has only been a very small amount of conversation on this and I'd like to see what others feel on the subject.

    Here is a link that Carolyn provided in the Collectibles Today forum http://www.le.state.ut.us/~2004/bill...enr/hb0323.htm

    I think the bill implemented has some merrit but also feel that it has shortcomings too (primarilily the limitations of recourse when the parasite identifies themselves - at least thats the way I read it).

    I am wondering though if others like myself would actually consider incorporating in Utah now that this is coming into effect soon.

    How do yall think parasites will address this if at all? I'm wondering first - how they will know if a web site is registered with a Utah corp id (or not) or if it also has to consider the actual server location or just the end users location. Who's a good host in Utah? LOL.

    Maybe none of this matters and the parasites will not be bothered with it but if enough people are prepared and able to identify issues and seek out fines (10 grand per occurance), we could likely make their life a living hell for a while.

    Who the bill actually protects seems confusing to me with the crossover between consumers physically located in Utah, corps registered in Utah and or possibly even web sites hosted in Utah.

    If simply hosting in Utah will provide additional protection by providing a method for collecting damages, I'd suggest there is a bunch of people in here who should consider it.

    Perhaps OS or 1-800 contacts could provide some insight into the "area of protection" or my "read" that parasites who identify themselves are NOT qualified for seeking fines against.

    What do yall think?

  2. #2
    Defender of Truth, Justice and the Affiliate Way
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    Poon,

    I found it a bit confusing in places also. My eyes start glazing over after about the first 6 lines each time I try to read through it. Legalese tends to do that to me.

    In several of the press articles I've read regarding it, the take seems to be that it is if the stuff shows on someone's computer who resides in UT. I don't know if that is an accurate interpretation or not. I can see how some parasites would be able to comply with that fairly easily, while for others it might be much more difficult. It you want to know which or which, email me.

    What I did notice is that UT is supposed to provide a website and toll-free number for people to submit their complaints. I haven't looked around to see if that is up or not. When it is, then I think many of the questions you are asking will be answered.

    Since this goes into effect May 2nd or 3rd, things should get interesting pretty quick. It will interesting to see how many complaints are filed initially.

  3. #3
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Poon the folks behind this are serious at hurting the BHO where they thrive. Gathering privacy info for sale to DMA and IAB members and telemarketers and/or spammers. One step uninstalls via normal Windows routine. Requires absolutely simple clear disclosure of the BHO's authors purpose and function on a endusers system BEFORE installation acceptance by user.( no hidden bundling or Drive-bys)

    You can bet those private gated Ad Whore forum communities are buzzing on this Utah model legislation. Any hosting company would be stupid to not throw in some server banks there for both affiliates and merchants and arm their clients with BHO abuse, legal advice and claim forms as a spiff.

    LOL ...Overstock has no choice in this matter, regardless of their stance on Linkshare's BHO partnerships spin on compliance. A smart Utah attorney can hold the network, BHO, affiliate lead fee pusher and the Merchant monitizer liable for fines.

    You, me and Ms.B ought to setup a site for assisting victimized end-users (% of each claim won) with some sleezy Utah attorney willing to file the complaints in court. As the "master baiter" I'm sure setting up B-a-HO traps in the Utah mountains would be lucrative with Poon and Ms.B DNA evidence gathering tool sets. Added bonus would be gill netting the privacy info peddlers and e-mail spammers for additionals fines and settlements. We already know some juicy domain names for suitable consumer advocate site.
    Webmaster's... Mike and Charlie

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  4. #4
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    The legislation will have negligible impact. The only time it will have any impact is if the end user and the company are both located in Utah. Someone in Utah is not going to be able to gain damages from someone in another state or another country for that matter.

    Someone in Utah can sue all they want, but collecting the damages awarded is an entirely different matter. And what do you do if you sue in Utah, but the site you're suing states in its TOS that by entering the site you agree that all legal action will take place in a location other than Utah?

  5. #5
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>It will interesting to see how many complaints are filed initially. <HR></BLOCKQUOTE>

    Get those pages scanned quick...

    Do you live in Utah and want some easy money?
    Th Utah spyware legislation allows for fines up to $10,000.00 per popup or spyware violation on your behalf. What part of ten thousand dollars do you NOT want?

    With our professional services, we will assist you in gathering the data and providing the information you need to get back at the many slimeball, rougue applications who stick their nose into web consumers business everywhere.

    Call me now, call me now, call me now, call me now!


  6. #6
    Defender of Truth, Justice and the Affiliate Way
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    Stop it Poon!!!! I just spit coffe all over my monitor and keyboard.

    I'll get even with you in Vegas.....

    Hmmm....NV isn't that far from UT. Maybe we should schedule the filming of the TV commericals for that why we are there.

  7. #7
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    [trashed this post]

    This is NOT RIGHT

    I have a copy of this crap.
    If Haiko wants to see it he can call me.

  8. #8
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    TOS ?

  9. #9
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    TOS = Terms of Service

  10. #10
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Little quick on the old reject button there Adam and completely without justification.
    Webmaster's... Mike and Charlie

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  11. #11
    Super Sh!t Stirrer SSanf's Avatar
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    I miss all the fun!
    Comments are opinion unless otherwise noted. Remember, pillage first. Then burn. Half of all people in the world have IQs under 100. You best learn to trust ol' SSanf!

  12. #12
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    SSanf it was so innocuous and directed at spurring Poon and Ms.B into setting in motion a website to punish the BHO drive-by install perps by recruiting a sleazy Utah lawyer to file law suits. Guess the mention of Lawyer -Mormons -Polygamy -Sheep and ski resorts in the same sentence rattled someone's cage.

    In keeping with my trouncing of myths I'd like to take on the Missouri Mule hype. This is one fine Missouri Mule who is now a full blown American symbol. Shandi Finnessey crowned Miss USA 2004 and a woman devoted to education and authoring childrens books for the mentally handicapped.

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  13. #13
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    Uh-oh. They're gonna run off and tell Haiko on you now Mike.

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