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  1. #1
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    A European court has issued a preliminary injunction against Claria--formerly known as Gator--that prohibits the company's pop-up and pop-under ads from appearing over a German rental car Web site without the agency's permission.

    The injunction, announced Friday by plaintiff Hertz Autovermietung, the German division of Hertz, is the latest victory for companies that oppose the unauthorized use of pop-ups on their sites.

    The Court of First Instance in Cologne, Germany, ruled March 12 that Claria had violated sections of a German law against unfair competition. Claria and others, such as WhenU, distribute software commonly called adware or spyware that monitors Web-surfing behavior and delivers targeted ads that pop up as windows on the computer screen. The programs sometimes wind up on PCs without their users' knowledge, because they come bundled with other programs, such as file-swapping applications.

    "Gator's unsolicited pop-up ads constitute an unwarranted intrusion that disrupts Hertz's ability to do business with online customers," Remy Keijzer, Hertz's general manager in Germany, said in a statement. "We are gratified that the court in Cologne has recognized that Hertz and its online customers are harmed every time these ads appear, often without the full knowledge and consent of individuals who may have inadvertently installed Gator's adware, or spyware, on their home computers."

    When users clicked to Hertz's Web site, those that had Claria's adware installed would see pop-ups from Hertz competitors and other businesses, said Richard Broome, a Hertz spokesman.

    In making its ruling, the court ordered Claria to immediately halt the placement of software-controlled automatic advertisements on Hertz's Web site without the Hertz's permission. Claria could face a fine of up to $302,325, or six months in jail, for each violation of the order.

    Claria declined to comment.

    Claria is not alone in facing court challenges. Last December, WhenU was hit with a preliminary injunction that barred it from serving up pop-ups to visitors of 1-800-Contacts' Web site. A U.S. District Court Southern District of New York judge cited trademark violations in handing down the ruling.

    That marked a shift from earlier court cases, in which WhenU prevailed. In November, a federal court judge in Michigan dismissed Wells Fargo's lawsuit to block WhenU's pop-ups, noting that those users who received the ads had consented to have the adware installed on their computer, in exchange for free software from WhenU. And a similar situation occurred in September, in a case that pitted U-Haul International against WhenU. A Virginia U.S. District Court judge ruled in WhenU's favor.

    If the courts in the USA led by Utah and Michigan, rather then those liberal hell holes, get their act together the Spyware/Adware folks will follow the spammers and teelmarketers into the graves dug them by pissed off consumers.
    Webmaster's... Mike and Charlie

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

  2. #2
    ABW Ambassador
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    Good, recent victories against whenu and gator(claria)
    The merchants are the one who can stop this. No merchant should allow another to pop advertising over their site.

  3. #3
    ABW Ambassador mousejockey's Avatar
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    {The Court of First Instance in Cologne, Germany, ruled March 12 that Claria had violated sections of a German law against unfair competition}

    Finally, some sanity

  4. #4
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Every single merchant showing up on Gator, 180Solutions and WhenU are all run by a POS affiliate manager. The worthless Ad Whore interns should all be fired and their merchant clients have NO ETHICS that can't be trumped by their own greed. Charlie agree with this 100% and He's right more often then me!

    If Haiko had any balls he'd post a list of merchants and the names of the AM firms, who monitize and spread this crap, ruining the affiliate industry right here at ABW.
    Webmaster's... Mike and Charlie

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

  5. #5
    ABW Ambassador Nova's Avatar
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    Awesome news Mike and Charlie!
    The door is open!

    It's time to start curing the cancer!

    Time for merchants to wake up!

    What COC stand for? Crooks Overwriting Commission
    Don't worry tracking is Infected

    Live life to the fullest, You only get 1 chance. Enjoy it while you can... Nothing last forever!

  6. #6
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    The door was open awhile back in 2002, merchants just need to go through it. The court issued a temporary injuntion against them when the Washington Post, Dow Jones and eight other publishers sued Gator and those cases were settled before they went to court. So there have been victories against both Gator and WhenU. Theres are lots of articles you can find in Google.

    Here is a Weight Watchers victory in June 2002 against Dietwatch.com (utilizing Gator) in which they won an injunction and damages
    http://www.clickz.com/news/article.php/1479231

    The merchants are the ones who can change things. Big affiliates/publishers like portals and ISPs can do some things too. Google can go after software applications that mess with their Adsense or Adwords. The big boys are the ones that are going to handle the big boy problems. They just need to get to it

  7. #7
    ABW Ambassador Andy's Avatar
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    Thanks for posting the news, Mike! It's good news on the parasite front, for a change. I also feel like it's the beginning of the end for these scumbags. Consumers are sick and tired of the pop-ups and computer issues these programs cause.

    They are also sick and tired of being taken advantage of by fine print, bundled software, and TOS that are worded intentionally to confuse, rather than clarify, the terms.

    I hope other courts also determine that these programs are taking advantage of others, because they are. It's hard to believe there are so many tired old fossil Judges out there that are simply too old to grasp the concept, let alone think clearly and fairly. The consumer is clearly being duped. It's high time it was stopped.

    SEE YA LATER, ALLIGATOR!

    Andy

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