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  1. #1
    Affiliate Marketing Consultant Linda - 5starAffiliatePrograms's Avatar
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    Sounds like more companies are trying to hold networks responsible for using adware companies without consent?

    "Indeed, eDiets has filed suit against its online ad agency, Soho Digital, and the adware companies, alleging breach of contract and negligence in serving the ads, according to regulatory filings. It now will require its affiliate partners to agree not to use desktop software ad programs. Executives from Soho Digital, which deals only in contextual advertising on desktop software, were unavailable for comment.

    Likewise, in its consent decree, Atkins blamed a licensee's affiliate network for hiring Claria without its knowledge. The company said when it learned of it, executives put a stop to it."

    Read the rest here:

    Adware Advertisers Catch Legal Fire

    http://www.dmnews.com/cgi-bin/artpre...ticle_id=28241

  2. #2
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Tanks Linda for finding this jewel in the most unlikely of places ...DMNews.com I warned Stephen Messer this was coming and begged Overstock to join legal forces with TigerDirect 2 years ago to nip this in the bud. My mantra for 5 years is this industry will impload on it's own greed if they don't distance themselves from the Ad Industry's mindset... Then ValueClick and DoubleClick buy up some network players!!!

    _________________________
    DMNews.. http://www.dmnews.com/cgi-bin/artpre...ticle_id=28241

    ...."Though eDiets painted its decision as a service to consumers, it came after the company was sued over its use of adware programs. Weight Watchers sued eDiets in November, accusing trademark infringement in its use of adware makers to serve pop-up ads to visitors of WeightWatchers.com.

    Likewise, L.L. Bean filed lawsuits last month against four retailers for using Claria to display ads on its Web site. One of the advertisers, Atkins Nutritionals, entered into a consent decree that it would not use adware and paid an undisclosed sum to L.L. Bean.

    "I think the trend is for the victims of pop-up advertising to sue the advertiser directly rather than the companies that are delivering the pop-up ads," said Terence Ross, the lawyer for Weight Watchers and the lead attorney in many cases against adware makers and their advertisers. "I think it marks a whole new stage in the pop-up litigation and should serve as a cautionary note to Internet advertisers."

    Some high-profile advertisers use desktop software firms. Claria claims it has more than 425 advertisers including FTD.com, Orbitz and NetFlix. WhenU reports about 400. 180Solutions, which is being sued in the eDiets case, has 6,000 advertisers.

    Adware is usually bundled with free software, such as screensavers, and is downloaded onto a user's computer. It displays pop-up advertising on a user's screen based on Web behavior. Web site owners allege such advertising infringes on their trademarks and steals customers. Adware makers say it offers consumers additional choices and is freely downloaded.

    "More and more advertisers are getting more comfortable with the concept that this is a legitimate form of marketing," said Todd Sawicki, director of marketing at 180Solutions. "We're seeing an increase in interest and demand for our services."

    180Solutions, which is privately held, reports its revenue grew to $19.4 million in 2003, and the company closed a $40 million round of venture funding. Claria filed for a $150 million IPO in April. It reported net income of $34.8 million on $90.5 million in sales in 2003. WhenU is reportedly shopping itself for $50 million.

    Adware makers have increased their reach. Claria claims 43 million computer users have its ad software, which is bundled with popular file-sharing program KaZaA; WhenU reports 30 million; and 180Solutions boasts 31 million.

    The money generated through this advertising has upset Web site owners. Claria battled top newspaper publishing companies, including The New York Times Co. and The Washington Post Co., in a case that was settled out of court. Several other Web site owners have sued it. In its IPO filing, Claria said it has nine lawsuits pending, including ones filed by Hertz, L.L. Bean, Six Continent Hotels and Wells Fargo. WhenU is also a litigant in several suits.

    Now, more advertisers are entangled in legal disputes for advertising through such companies. Along with the eDiets case, Weight Watchers filed an omnibus suit in Maryland against a dozen advertisers, mostly dieting companies, for using adware to display pop-up ads to visitors on WeightWatchers.com. The suit alleges trademark and copyright infringement as well as unfair business practices.

    In Utah, which passed the nation's first anti-spyware bill, Overstock.com sued Smart Bargains for using Claria to advertise to visitors of Overstock's site. Claria executives have noted that Overstock was an early and heavy advertiser with its service.

    "I do think there are a number of companies that have ads popping up that they would not do knowingly, but they've entrusted too much control to an advertising agency," Ross said.....

    Wake up major merchnats -Fire the Ad Whore AM agencies and hire pro-active affiliate AM's who'll see you through the upcoming legislations.
    Webmaster's... Mike and Charlie

    "What have you done today to put real value into a referral click...from a shoppers viewpoint!"

  3. #3
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    From DMNews.com

    "The Direct Marketing Association’s board of directors meets this week to decide who will replace H. Robert Wientzen as president/CEO. He is expected to hand over the reins to his successor July 1. The talk at last month’s DM Days New York conference was that the list is down to two candidates, both from outside the DMA staff.
    Wientzen hasn’t had an easy tenure. The marketing world is vastly different than when he took charge in 1996, and he has worked tirelessly to defend the industry through a time of growing government regulation and consumer backlash. Still, I can think of several contingents that won’t miss him: ones in the interactive area, a few telemarketers and those who say he has sought growth over other membership concerns. Though Wientzen should get credit for pushing the DMA into the interactive world, he was scorned in several circles last summer after gutting e-mail guidelines that would have made spamming tougher. However, he deserves something for his work with the FBI and Operation Slam Spam, which even got recognition at a Senate hearing last month for its work in tracking top spammers.

    Telemarketers just want Wientzen’s successor to pay more attention to them. Many were ticked off after last fall’s brouhaha over the national no-call registry and the DMA’s decision not to join the American Teleservices Association in its appeal of the court ruling upholding the list. But the sentiment at last week’s telemarketing conference in Palm Beach, FL, was that most are ready to move on.

    Finally, there are the people who wonder what Wientzen has accomplished. As already mentioned, we now have a national no-call list. In 1996, only Florida and Nebraska had state-run lists. Though privacy issues were around long before he took over, consumers’ concerns are bigger than ever. Meanwhile, postal reform still hasn’t been passed, though it seems really close this year.

    So, who will the board choose and what qualities should this man -- or woman -- have? Let’s take it for granted that the person will be knowledgeable about direct and interactive marketing. However, I think some fresh blood is needed over a lifetime DMer. I’ve also heard several people say that the person should be more warm and fuzzy and not so distant. The industry obviously has an image problem that needs to be fixed soon...."

    Wonder if they like a parrot at the helm or they can hire me cheap, as I've sure given them some web-ink over the years.

    Those Ad Whore lurkers here can look over the beautiful informative site of the leader in Gorilla Contextual Advertising (just ask them..LOL) www.sohodigital.net
    Manhattan Headquarters:
    Soho Digital, Inc.
    121 West 27th Street
    Suite 604
    New York, NY 10001

    Email:
    info@sohodigital.net

    Phone: (646) 230-8968
    Fax: (212) 229-2002

    Please fill out this form, so we can direct your inquiry to the appropriate person. Fields with an asterisk are required. (prevents or DMA partners from scraping e-mail addresses for their spams.) Then they leave their e-mail address exposed...brain dead like the whole online Ad industry..
    Webmaster's... Mike and Charlie

    "What have you done today to put real value into a referral click...from a shoppers viewpoint!"

  4. #4
    ABW Ambassador Andy's Avatar
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    The shoot is beginning to hit the fan, I predict this is just the tip of the iceberg! People are getting fed up with this cr@p, as they should be. It's only a matter of time before all these parasitic companies are DOA!

    Andy

  5. #5
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    So True Andy. Amazing no one else in this industry for years understood the meaning of my sigline. Telemarking and info peddlers Gutted. CAN-SPAM entering phase II with angry mobs demanding their e-mail boxes be returned. NOW the networks incubated babies the BHO popups incent alerts are going to be DOA due to consumer backlash and hidden installs.

    Jeeze I should consider raising my flat fee for the network cure and demand the IAB/DMA put up a commorative plaque to me and Charlie for giving them free advertising plugs for 5 years.
    Webmaster's... Mike and Charlie

    "What have you done today to put real value into a referral click...from a shoppers viewpoint!"

  6. #6
    Super Sh!t Stirrer SSanf's Avatar
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    Yep the tide is turning. We might help. If you have that adware on a computer, take a screen shot of a competitors ad on any site and send that along with the first link to the victimized company. Some of them will get ticked off enough to do something.
    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!

  7. #7
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by EcomCity.com:
    Telemarking ... Gutted. <HR></BLOCKQUOTE>No, that's not exactly true. A former employer of mine just opened up three call centers. They doubled their outbound capacity in the last 12 months.
    Dr. Strangeweb, or how I learned how to stop worrying about SERPS and love the WOM.

  8. #8
    ABW Ambassador phillyburbs's Avatar
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    weisinator is correct.

  9. #9
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    I think this is super news! This means that when Company A is a victim of parasites working for Company B, Company A is suing Company B, then Company B which may or may not have been aware what was going on is turning around and suing the networks that are enabling these parasites.

    This is great. As affiliates our voices have been totally ignored by certain large networks who actively market parasites to their merchants *cough* CJ *cough*. If these merchants get burned by it and it looks like they are starting to they are going to look for someone to sue. Wonder who they will go after? Perhaps the network that actively marketed these parasites to them, the network that is supposed to be a trusted third party looking out for the merchants' interests? Hmm. Let's see. Yep. I think that's a distinct possibility.

    The networks didn't listen to us, but money talks and when they get sued enough times by the merchants they were supposed to protect they will listen. They have ignored us. They won't be able to ignore the merchants.

    This is going to force a huge change in the industry and I'm thrilled.

  10. #10
    Defender of Truth, Justice and the Affiliate Way
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    It's only just beginning.....

  11. #11
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    This is so funny! Legit merchants sue scummy merchants. The scummy merchant sues the scumware provider.

    They also need to name the networks that aid & abet scumware. CJ has admitted here that they push these parasites. Perhaps if they see the word "defendant" after their name enough times, they'll start singing a different tune.

    Sandra's advice is perfect. It's time to take proactive measures to let merchants know when 180 Solutions, WhenU, Claria, Ebates & the rest pop ads over their site. Rat these bastards out with screenshots & statements. The more lawsuits that are generated by merchants against the parasites & their advertisers, the faster we can focus on making money without having to watch the crooks every minute.

    Wayne

  12. #12
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>This is so funny! Legit merchants sue scummy merchants. The scummy merchant sues the scumware provider. <HR></BLOCKQUOTE>

    Lets not also forget,

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Overstock.com sued Smart Bargains for using Claria to advertise to visitors of Overstock's site. Claria executives have noted that Overstock was an early and heavy advertiser with its service. <HR></BLOCKQUOTE>

    Is it funny, you betcha! Competitors will say -"you're trying to restrict competition" and the competiton will say "we found out the hard way how these slimeballs operate and will no longer tolerate it".

    Ughh was that 180 solutions I just saw popping up on OS?

    Very funny indeed!

  13. #13
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Ughh was that 180 solutions I just saw popping up on OS? <HR></BLOCKQUOTE>

    But Poon,

    When I asked them back in March about letting them play in the Overstock sandbox after suspending them, J.T. said:

    "180Solutions agreed to take us out of their software and operate on an even playing field (Like Ebates, Shopathomeselect, etc)."

    I'm sure OS would be shocked, shocked to know that popping is going on in their establishment.

    I know I am!

    Maybe it's time to give 180 some quiet time up in their room before letting them out to play again.


    Wayne

  14. #14
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    It 's just boiling down to the subtle nuances between being and Adwhore vs a B-a-HO.... Next time you see Missy Ward ask her if she can clarify ...or is that Clariafly
    Webmaster's... Mike and Charlie

    "What have you done today to put real value into a referral click...from a shoppers viewpoint!"

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