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  1. #1
    Full Member
    Join Date
    January 17th, 2005
    This news item about the lawsuit against Gator is dated July 12 - nearly a month and a half ago. So how can BeFree or anyone else defend Gator's modus operandi right now? It's clear that the issue goes far beyond just a bunch of affilates kvetching and complaining, and that Gator is involved in tactics that have been questionable enough to instigate what appears to be a lawsuit with very solid grounds. In the prior thread with the gentleman from BeFree, I don't even recall this lawsuit being brought up - was it? Did he have a defense?


  2. #2
    Full Member
    Join Date
    January 17th, 2005
    The closest he came was to say "if their actions are proven illegal we will certainly reconsider our decision".

    IOW, it may be unethical, sleazy, immoral behavior that the typical human would be repulsed over, but as long as they can get away with it, without the law doing anything to them for it, they will continue to do it.

    But note the use of the word "reconsider" - again, in other words, THEY MAY CONTINUE ANYWAY EVEN IF THEIR ACTIVITIES ARE PROVEN ILLEGAL.

  3. #3
    Defender of Truth, Justice and the Affiliate Way
    Join Date
    January 18th, 2005
    The Swamp
    Yeppers, I did bring it up:

    Well, the verdict is still out on that one. Let's see what the Federal courts say about the Gator campanion. As it is, the judge has already seen fit to issue a temporary injunction for them to cease and desist running their popups on the plantiffs web sites.

    Nevertheless, Gator has changed their "business model" over time. These changes have usually reflected lawsuits that have been filed against them and they have been forced to make the change.

    He didn't specifically address the issue except for what Jaybat said. Pretty much just ignored it. Yada, yada, yada......

    Since that thread, stumbling across BeFree's side program, BeSelect, and seeing how they are tracking and monitoring everything people do on a site and what they buy so the site can bring up products you will probably buy, I can see why they probably will not take a stand on "innovative" marketing techniques as Mr. Pike calls them. You have to go to Control Panel to opt out of any of BeSelect's merchant's from tracking your activities. But who knows they are being monitored on a particular site? Plus evidently even if you opt out BeFree doesn't delete the information about what you purchased from their databases. Makes me wonder what they are building this BeSelect database from?? All those stats from affiliates would be hard for an honest person to pass up.... Not saying they do this, just a thought.

  4. #4
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
    Join Date
    January 18th, 2005
    St Clair Shores MI.
    I see the senergy of ValueClick and Befree combining spyware shopping stats to serve up relevent offers of their combined advertisers on competitor sites or content sites with VC banner codes. What next ..targeted popups and coupon offers with a FREEBEE shopping bot bypassing affiliate traffic.

    WebMaster Mike

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