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  1. #1
    ABW Ambassador Greg Rice's Avatar
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    Open season on spyware/adware purveyors
    Anyone else see this?

    http://www.nmreport.com/archives/200..._rules_aga.php

    "..giving the go-ahead for individuals to file claims for trespass, negligence, consumer fraud, and computer tampering to go forward against DirectRevenue and BetterInternet.."

    and

    "The court ruled that a trespass claim ‘may be asserted by an individual computer user who alleges unauthorized electronic contact with his computer system that causes harm, such as Spyware’.” Apparently, not only is a company like Direct Revenue liable in these circumstances, but the ruling states that advertisers whose pop-ups were delivered via DR can also be sued."

    Oh my! Could this be the beginning of the end for spyware/adware/BHOs or merely, as Winston Churchill said, the end of the beginning? Who else will have some liability here?
    Greg Rice Affiliate Program Management
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  2. #2
    Analytics Dude Kevin's Avatar
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    hmmm. Very interesting. Log time in coming, and probably a long time in going away completely.

  3. #3
    ABW Ambassador Andy's Avatar
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    I hope it sticks. If it does, you'll see a mass exodus of companies who have been so willing to partner with these entities in the past.

    I'd imagine a more than a few advertisers are getting nervous about this...

  4. #4
    ABW Ambassador Greg Rice's Avatar
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    It will be interesting to see just who ends up in court defending themselves from a class action lawsuit. You can bet there's already lawyers out there planning this one. Those who didn't heed the warnings and complaints from folks here could end up spending millions of dollars trying to defend themselves in court.
    Greg Rice Affiliate Program Management
    www.gocmc.com info(AT)gocmc.com | 330-259-1223

    Join us! - MiNeeds.com | DiscountCandleShop/CheeseSupply | Feng Shui Plaza

  5. #5
    ABW Ambassador
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    I think CJ is going to be in big trouble. I hope they wake up before it is too late. We affiliates still want our CJ checks. It benefits no one if CJ goes down.

    CJ, please stop pushing BHOs to merchants. Stop pushing BHOs who can easily switch to parasites to us affiliates.

  6. #6
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Actual court case filing and initial judicial ruling taking it into trial... http://www.spywarewarrior.com/SCAN2854_000.pdf

    Couple of perps recruiting those willing to install this crapware actually accepted porn and child porn sites to do the nasty on computers. These wanks try to hide offshore but are USA based as the Feds and courts snoop further.... www.topconverting.com or www.freecontentbuilder.com all part of Crazywinnings Inc.

    AM's seeking bogus affiliates to ban from their programs should look over this HOST file block list for names or types of affiliates to consider as bad actors .... http://www.mvps.org/winhelp2002/hosts.txt

    IE-SPYAD adds a long list of sites and domains associated with known advertisers, marketers, and crapware pushers to the Restricted sites zone of Internet Explorer. Once you merge this list of sites and domains into the Registry, the web sites for these companies will not be able to use cookies, ActiveX controls, Java applets, or scripting to compromise your privacy or your PC while you surf the Net. Nor will they be able to use your browser to push unwanted pop-ups, cookies, or auto-installing programs on your PC.
    https://netfiles.uiuc.edu/ehowes/www...ce.htm#IESPYAD
    Webmaster's... Mike and Charlie

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

  7. #7
    ABW Ambassador Greg Rice's Avatar
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    There could be many who find themselves forking out millions to try and clean up their name. With so many people who have been infected by this and spent many aggravating hours and dollars removing it, this could get ugly. Good luck trying to seat a jury with folks who have not been affected.
    Greg Rice Affiliate Program Management
    www.gocmc.com info(AT)gocmc.com | 330-259-1223

    Join us! - MiNeeds.com | DiscountCandleShop/CheeseSupply | Feng Shui Plaza

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