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  1. #1
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  2. #2
    ABW Veteran jc101's Avatar
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    Just saw it TrustNo1 Interesting... .

  3. #3
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    I wrote the LL Bean PR article writer trying to wake him up to use ABW to support his Gator/Claria suit. Amazing I wrote LL Bean several times on the parasite issue since their AM firm was auto enroolling every BHO parasite to come down the pike. They dropped me after 4 years for not making sales .... I said good bye and riddence.
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  4. #4
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    This is the most important US lawsuit concerning spyware, in my opinion. As far as I know, this is first time a lawsuit targets the clients of the spyware operator.

    LL Bean's suit targets J.C Penney, Nordstrom & others whose ads are popped by Gator. If successful, this could be a huge step in starving to death the likes of Gator, 180 Solutions, WhenU & a host of smaller parasites. It makes moot the claim by the spyware providers that their software is knowingly downloaded.

    I've always maintained that all those that profit from scumware activities should be held liable, not just the Gators and their bundlers. By hitting the likes of J.C Penney that support scumware/spyware, the revenue & existance of Gator is rightfully threatened.

    Wayne

  5. #5
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    NorthernStudio your spot on in your analysis of the important issues of this BHO lawsuit. The merchants (3rd party AM firms) and their networks have coddled theftware thinking they are immune to the popup apps pissing off consumers. Remember all those CAN_SPAM merchnat and network e-mail warnings? The real merchant management woke up to their liability on that similar issue. Browser spam laws will pierce the legal corporate veils of the networks and their BHO salesmen. Fines and worse will be levied on the networks, BHO's and merchant monitizers of theftware/spyware gutting the 3rd party AM firms as the real merchant management get scared.

    Just look how Overstock is corporately acting like a saint and anti-BHO advocate, now they've seen where this all is headed. Once the FTC and Feds zero in on microscoping network true stats, along with AfftraK stats, they will uncover where/who the money is flowing too. Who is selling off privacy/identity theft info -selling e-mail lists and setting up potential reward/rebate ponzi schemes will alos come to light.

    Nice legal move would be to force all TopMoxie run "incent" programs and those BHO charity fronts rebate/rewards monies into verifiable 3rd party trust funds. Imagine eBates- iGive -Upromise et all, to transparently account for all the monies their BHO theftware pilfers from affiliates commissions amd merchant's Ad budgets??? Right now major merchant AM's and the networks refuse to publish conversion ratios and even devulge whether a merchant accepts BHO "incent" or S/W affiliates.
    Webmaster's... Mike and Charlie

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  6. #6
    15 years and counting
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    quote:
    NorthernStudio - I've always maintained that all those that profit from scumware activities should be held liable, not just the Gators and their bundlers.

    I agree. All these activities would have not been possible (or much harder) without our "trusted" third parties, LinkShare, CJ and let's not forget Performics, monetizing these crooks.

  7. #7
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    quote:
    Originally posted by NorthernStudio:
    As far as I know, this is first time a lawsuit targets the clients of the spyware operator.


    Incorrect. My Spyware Lawsuits page gives at least one other example:

    "In 2002, Weight Watchers sued competitor DiscreetDrugs.com, which had reportedly used Gator to cause its advertisements to appear when users requested the Weight Watchers web site."

    Also, I believe 1-800 Contacts in 2003 sued a competitor that had used WhenU to cover the 1-800 web site.

  8. #8
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  9. #9
    Domain Addict / Formerly known as elbowcreek Thomas A. Rice's Avatar
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    eh, just a prediction, Gator will offer a large settlement and agree not to pop on their site, in wxchange for the lawsuit being dropped. I bet they buy their way outta this on the quick.
    Following everyone else is a GREAT way to become average.

  10. #10
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    quote:
    Incorrect. My Spyware Lawsuits page gives at least one other example

    Quite right. In fact, it seems Weight Watchers also successfully sued Dietwatch.com for using Gator to deliver ads over the W.W. site, with damages and an injunction awarded. I couldn't find an outcome of the suit against DiscreetDrugs.

    I should have checked your very informative site again before posting, Ben. Caught up in the excitement of this approach to combating spyware.

    I don't remember reading in the recent press about Gator being named as a defendant in L.L. Bean's suit. The companies named are accused of using Claria as the "spyware" of choice.

    Wayne

  11. #11
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    Actually, there was no need to name Gator as a defendant in this new lawsuit -- because Gator and L.L. Bean are already in litigation, and have been since last year.

  12. #12
    I like traffic lights
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    Hi Ben!

    Welcome to the forum. Nice to see you here and thank you for your excellent work so far in protecting joe average Internet user from some pretty nasty people.

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