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  1. #1
    ABW Veteran jc101's Avatar
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    could add up to approval for a controversial sector of online advertising--and
    lend a hand in a more well-known case that involves "adware" company Claria

    http://news.com.com/2100-1024-5109596.html

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    Why don't the companies who sue Gator tell the judge that the same rules that apply for commercial e-mail should also apply for Gator/Claria/When-U etc?

    In otherwords a CLEAR and EASY opt out link next to the advert that works by clicking on it the once.

    If these people who subscribe to Claria/when-U opt-in fully aware of what to expect then this proposal would not effect business at all. But we all know the truth that you have to be an internet genius to work out how to get rid of them.

    One could argue that it is unlawful not to feature an obvious and easy opt out policy.

    Chris Wesson
    Affiliate Manager
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  3. #3
    ABW Ambassador Andy's Avatar
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    Some of our Judges are, well, frankly...RELICS!

    It's like comparing a Model T to a Lexus. They are so out of touch with what is really going on, they're on a different planet!

    What will happen is this is going to get so bad, that consumers are finally going to scream bloody murder to their elected officials, and force them to get off their fat lazy duffs and do something about it!

    Living with an Attorney, it's easy to see why so many of them do what they do. They see Judges make silly rulings on a daily basis. It makes you wonder which laws the Judge's are basing their decision on, as they obviously aren't published ones that anyone else knows about.

    We need a serious overhaul of the American justice system: IT ISN'T WORKING.

    Andy

    _______________
    Call the Exterminators! We've Got PARASITES!

  4. #4
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    How easy is it to influence a US judge&Jury?

    I mean, if they can't see how annoying these pop ups are for an internet user, then they must be on another planet or taking some kind of pleasure out of other people's misery.

    Lets have a quick look at who the beneficiaries are out of this scumware:

    Scumware provider - Yes
    Advertiser - yes
    User - very rarely (1 in 100 at best)
    Affiliates driving traffic - not
    Web site suffering from being targeted - Definately not

    So there are 2.01 winners and 2.99 losers

    Surely these figures say it all.

    Chris Wesson
    Affiliate Manager
    Gamesys Ltd
    www.jackpotjoy.com
    50p a free player
    & 20% profit share
    Program URL:
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  5. #5
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Chris you have spotlighted why the Ad Whore industry infests systems and glorifies the BHO theftware/Spyware business model as it is PERSISTANT advertising that cannot be easily removed. The networks all suck the peanuts out of the BHO crap as jewels to parade in front of the lazy Free traffic professional AM firms and shop.org. "User choice" is the legal copout in the liberal bent courts thinking they are the PC police.

    I equate it to the users choice given to Jim Jones Cult members as FREE coolaid.

    Mike & Charlie ...

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

  6. #6
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    Affiliate marketing as an industry understandably has very strong feelings on the subject so it is hard to be objective when looking at Scumware from our point of view.

    However, it seems to me that the companies taking WhenU or Gator to court are approaching it all from the wrong angle if they are looking to get a result.

    I'm suprised that a simplified Opt-out policy in line with commercial email has not yet been discussed in any of the articles i've read on these cases.

    As it seems plainly obvious to me that there is a direct parallel between scum pops and unsolicited email that would be hard for a US judge or Jury to overlook if the comparison was identified in court.

    Don't you agree?

    Chris Wesson
    Affiliate Manager
    Gamesys Ltd
    www.jackpotjoy.com
    50p a free player
    & 20% profit share
    Program URL:
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  7. #7
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Chris last year, at this exact time, the networks had a change to clean up the spread of rogue un-installable BHO's. They poo pooed some lame term, with no enforcement, suggesting BHO's have a one step un-install proceedure in their Code of Conduct. The BHO's Greedware wanks now take to bundling and shoving rev-share partnership apps through those open backdoors on 300 million infected systems.

    Look at the moves to completely take over the affiliate commission pool by eBates/Topmoxie partnering with Morpheus and any P2P backdoor wonder child willing to sell their souls for 2 pieces of silver.

    Mike & Charlie ...

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

  8. #8
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    Hi Mike and Charlie,

    I guess it isn't as straight forward as I hoped it was.

    There seem to be a lot of complex issues involved political, economic and plain ignorance.

    I believe that the good will out eventually and although at the moment this seems like it's going out of our hands. The minute it effects someone who can make a difference (like a powerful politician with shares in an effected company). Or a popular celebrity who's e-commerce site has been targeted by scumware, the rules will change overnight.

    But until that day, we must suffer.

    Chris Wesson
    Affiliate Manager
    Gamesys Ltd
    www.jackpotjoy.com
    50p a free player
    & 20% profit share
    Program URL:
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  9. #9
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Chris don't dispair as the angry mob, hell bent on hanging all gorilla marketers and the network's DUPERS, now turn their spotlight on those monitizing and speading browser hijackers.
    Those using BHO backdoors corrupting systems with buggy BHO's and Windows messenger service spamms just can't miss drawing attention to this mob.

    Identity theft whack USA voters to the tune of 590 million in personal losses on just the reported cases last year. So even the DA's and US Justice Dept. are in on supporting un-plugging the security hole plug-ins ASAP.

    Let's see ..only 5 in the House of Representatives and no one in the Senate were willing to be bought out by the DMA/IAB lobby when it came time to punish and muzzle the networks DUPER darlings and the merchant's Opt-Out spam partners.

    Can we say that those with the ear of the USA voters got the message and that even Google -Yahoo -MSN and AOL boardrooms will stay on the good side of those consumers who DEMAND value in their listings. Goodbye tricks for clicks affiliate players and privacy info peddling lead merchants die on their lack of concern for consumers. Unlike the networks the public will demand and get enforcement of their dictates.

    ____________________________
    House Passes Anti-Internet Spam Bill
    Sat November 22, 2003 03:44 PM ET

    By Andy Sullivan
    WASHINGTON (Reuters) - The U.S. House of Representatives voted overwhelmingly on Saturday for a bill to outlaw most Internet spam and create a "do not spam" registry for those who do not wish to receive unsolicited junk e-mail.

    Online marketers who flood e-mail in boxes with pornography and get-rich-quick schemes would face multimillion dollar fines and jail time under the measure. It passed by a vote of 392-5 at dawn on Saturday, following an all-night session of the House that was largely devoted to a separate Medicare bill.

    The Senate unanimously passed a similar anti-spam bill last month, but it must assent to the House changes before the measure can become law. The Senate is expected to do so in the coming days.

    Anti-spam bills have died in Congress for six years while unsolicited commercial e-mail has grown from a nuisance to a plague that threatens to derail the Internet's most popular means of communication.

    Spam now makes up more than half of all e-mail, according to several surveys, and even online marketers have come to support some restrictions.

    Lawmakers said spam has become a top constituent concern, and they also faced hundreds of unwanted messages daily.

    Spam "cripples computer networks and makes regular e-mail checking a seemingly endless hassle," said House Energy and Commerce Chairman Billy Tauzin.

    Lawmakers faced additional pressure to put a national law into place after California passed a tough anti-spam bill earlier this year. Online marketers say it would be difficult to comply with a patchwork of conflicting state laws.

    The House bill, which would override state anti-spam laws, would allow businesses to send unsolicited e-mail to Internet users until they are asked to stop, an approach that some anti-spam activists say would only lead to more spam.

    It would outlaw spammers' attempts to cover their tracks by requiring marketers to identify themselves clearly and avoid misleading subject lines or return addresses. Pornographic messages would have to be clearly labeled as such to allow users to more easily filter them out.

    Violators would face millions of dollars in fines and up to five years in jail. The bill would not allow individuals to sue spammers.

    The bill also authorizes the Federal Trade Commission to set up a "Do Not Spam" registry of Internet users who wish to receive no unsolicited e-mail at all, similar to the Federal Trade Commission's popular "Do Not Call" list.

    It also would outlaw cell-phone spam, which is commonplace in Europe and Asia. Under the provision, subscribers to cell phone services would not receive text message spam unless they have provided express authorization.

    America Online Inc. applauded the bill, saying it would help turn the tide against spam. "This law will be a significant weapon for the online industry in the ongoing fight to can the spam and thwart the spam kingpins," the company said in a statement.

    Phase II is the shark lawyers chomping on the civil fines and criminal charges inposed on spammers and their advertising partners while the IP# of overseas and US hosting companies get blacklisted from sending ANY e-mail. Their is no longer any assumption of implied permission and anything short of double opt-in is bogus as a defense. Such a beautiful thing to watch now as rogue affiliates will be forced to build sites deserving of a bookmark to survive.

    Mike & Charlie ...

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

  10. #10
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    If you thought you had Gator and other BHO commission stealing problems before ...look at this ruse. Gator Teams up with Sharman Industries/KaZZaa and Digital Media/AltNet (Lop & others) to gather in 20 million a month to pay the ripped off musicians.

    DCIA chief executive Marty Lafferty said a $5 fee could generate $200 million per month for the ailing recording industry, which has seen CD sales plunge in the last several years due in part to the popularity of the peer-to-peer services.

    "It's truly a band-aid to get it started," said Lafferty, who said DCIA developed the plan in consultation with record labels, Internet service providers and other interested parties despite several lawsuits pitting one group against another.

    The Recording Industry Association of America said peer-to-peer networks must prevent users from trading copyrighted works and stop making pornography available to minors if they want to be taken seriously, echoing a letter sent by several U.S. senators last month.

    "Until the larger industry accepts the recommendations recently outlined by six respected U.S. senators, there will continue to be questions about how seriously they want to become legitimate," RIAA spokeswoman Amy Weiss said.

    DCIA's reputation could prove a stumbling block as many peer-to-peer companies see the trade group as a front organization for Sharman Networks, which produces the popular Kazaa peer-to-peer software, and its partner Altnet, a digital-media company. Altnet is owned by Brilliant Digital Entertainment Inc. .

    DCIA's first proposal, released in October, would have relied on Altnet's copy-protection technology to get users to pay for music.

    One executive said the flat-fee system could work but that DCIA was simply trying to force other companies to use Altnet.

    "There's always a hidden agenda with them," said Wayne Rosso, president of Optisoft SL, which makes the Blubster and Piolet peer-to-peer clients.

    Lafferty said DCIA has added two more member companies, Digital Commerce, a peer-to-peer sports media company, and Claria Corp., which makes the controversial Gator advertising software. But he acknowledged that relations with the rest of the peer-to-peer industry were rocky. "It's almost as if they view Kazaa with its much larger market share as threatening to them, much as some smaller software companies view Microsoft (Corp. )," he said.

    Are we seeing infighting amongst competing BHO's and Music Copyright thieves over use of those 200 million trogan horse backdoors. Look for more shoving of the Gator & WhenU contextual marketing disease coming from P2P network carriers.

    Mike & Charlie ...

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

  11. #11
    I like traffic lights
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    >Until the larger industry accepts the
    >recommendations recently outlined by six
    >respected U.S. senators

    There's an oxymoron lurking in that sentence somewhere.

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