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  1. #1
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    Court dismisses class action suit against Zango
    Adware firm Zango, which recently changed its name from 180solutions is doing a bit of gloating today after a court dismissed the class action lawsuit that was filed against the company a year ago. Note that this comes just days after security firm Sunbelt Software declared Zango's search assistant one of the most insidious spyware apps around for the month of August. Not to mention, of course, the recent revelations of how Zango was caught trying to trick people into putting videos on their MySpace pages that installed Zango.
    http://techdirt.com/articles/20060907/151259.shtml

  2. #2
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    It's my opinion that our courts are pitifully prepared to deal with advanced technology issues. Zango knows it and uses it to their advantage. It was reported here that a CEO of an investment firm backing Zango had to have a Zango technician sent over to his office to remove their crapware. Now, if that's the case, how can we expect the court's judges to understand these issues? Just as the CEO is a business man and can't understand the technology, judges and others that make decisions in our legal system are the same. Parade in a few thousand pissed off consumers and then have Sunbelt give testimony as to why they labeled Zango as insidious - don't try and convince a judge or jury based on the intricasies of the technology, they don't get it.

    Reminds me of the article the lead technology reporter for the WSJ (Mr. Mossberg) when he called cookies evil spyware... just because someone's an authority, be it journalistic or judicial, does not mean they actually understand the issue at all.

    Another setup back for us all, affiliates and consumers. Overall, we're winning the war, but still losing way too many battles.

    In the upcoming elections, I plan to vote against every incumbent judge I can - our courts are filled with stodgy old f*&ks that need some incentive to catch up with the real world.

  3. #3
    notary sojac Herb ԿԬ's Avatar
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    it's a pity these judges don't realize they may not be qualified to judge these issues.

  4. #4
    Affiliate Manager Allen Nance's Avatar
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    Where there's Judges, there's Good Ol Boys. Zangos friends may include friends with influence over that judge. Who knew what Politicking went on. Yes, it is too bad that Judges with no clue about advanced technology will not recluse themselves and pass it on to one that does.

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  5. #5
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    I can't believe that was dismissed, it's like giving a license for destruction.

  6. #6
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    I'd like to know what radical political bias, racial slandering and discriminatory ranting have to do with the truth and the essentials?

    Here's a more reliable source of what happened, rather than blog pundits out there parroting the "party line" PR horsehockey that's being fed to the public by Zango.

    Kellie Stevens write-up:

    Zango Lawsuit Dismissed

  7. #7
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Zango messenger is Spyware according the consortium at StopBadware.com including Microsoft -Google -Sun Micro and the CDT
    http://www.stopbadware.com/reports/r...zangomessenger

    http://www.spywareguide.com/product_search.php?s=Zango

    One spitzer needs to go after next is Starware.com news searchbar. http://www.siteadvisor.com/sites/starware.com?aff_id=0


    for Spitzers team here to company poop... http://www.spywareguide.com/creator_show.php?id=126
    Webmaster's... Mike and Charlie

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

  8. #8
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    webworker, mike is just mad. It has been proven again and again, zango and other spyware companies invest heavily in the republican party, not the democrats. So mike needs to spew a bunch of unrelated BS to try and hide that fact.

    And yeah, i shouldn't even post that, Mike's messages should just be deleted. But he has started this back up as a regular election year lie fest, so somebody needs to point out those pesky little facts that get in the way of mike's rants.

    Chet

  9. #9
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    well, if Mike's going to make it a race/ethnic discussion...

    and if Chetf's going to make it a political party discussion...

    i'd like to add that all women, most left handed people, everyone with receeding hair lines (yes, plural), those with 2nd generation polish accents, male members of the lutheran church, trisexuals, people who like lunch meat, natural red heads and most illinois nazi's are also all specifically to blame here as well...

  10. #10
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    Mike, Haiko has warned you about this time after time. I see it as disrespectful when you try to push it. I'm sure people funding this crap come from every political persuasion out there. It affects everybody. We're all on the same team (those who hate adware) so your off topic biased rants that have absolutely nothing to do with this subject will just end up getting deleted.

    You can go here and have at it:
    http://www.offtopicdiscussions.com/

  11. #11
    Internet Cowboy
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    I'd like to add that it is all Bill Clinton's fault. We all know that everything that's gone wrong in the past 15 years all leads back to the Clintons.


  12. #12
    Affiliate Manager Alan Hamilton's Avatar
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    Judging The Unknown
    The reality (albeit a sad one) is that it doesn't seem to matter whether a judge (or jury) understands technology that they may be issuing rulings on. Anymore than it matters whether a legislator understands the technology s/he may be legislating.

    As for lefties, natural redheads, trisexual men, et al, Donuts you left out tone deaf people who try to do kareoke too! They cause loads of problems and no one is yet to bring them to court for their offenses!!
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  13. #13
    What's the word? Rhia7's Avatar
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    Quote Originally Posted by ALH - AmeritrustRx
    The reality (albeit a sad one) is that it doesn't seem to matter whether a judge (or jury) understands technology that they may be issuing rulings on. Anymore than it matters whether a legislator understands the technology s/he may be legislating.
    The judge is deciding a point of law -- the judge doesn't have to necessarily actually use or understand the technology.
    An expert witness can be consulted if necessary.

    Many people are probably wondering why the case was dismissed.
    Did this case appear to be a frivolous one (to the judge)?
    Last edited by Rhia7; September 10th, 2006 at 02:03 AM.
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  14. #14
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    The judge is deciding a point of law -- the judge doesn't have to necessarily actually use or understand the technology.
    This is tort law - so how would a judge with no understanding know whether damage had been inflicted?

    Many people are probably wondering why the case was dismissed.
    Did this case appear to be a frivolous one (to the judge)?
    Not at all, you have to RTFA.

    However, ClickZs is reporting the plaintiffs attorney stating that they are the ones who requested the case to be dismissed without prejudice as they felt they would be unable to meet the courts standards for a class action suit.

  15. #15
    What's the word? Rhia7's Avatar
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  16. #16
    What's the word? Rhia7's Avatar
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    Quote Originally Posted by webworker
    This is tort law - so how would a judge with no understanding know whether damage had been inflicted?
    An expert witness or a consultant could be called upon.

    The judge must know the law -- the judge does not necessarily need to be an expert on the latest gizmos -- that's what consultants are for.
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  17. #17
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    The judge must know the law -- the judge does not necessarily need to be an expert on the latest gizmos -- that's what consultants are for.
    The judge must know enough to be able to be able to understand what a consultant is saying if it comes to that, which is a moot point, because dismissal precluded the possibility.

    Zango not guilty on spyware charges
    Where did he get THAT from? I'd like to know where he got his information that they've been offiially vindicated.

    Adware-supported 'online media company' Zango has had accusations of using spyware dashed by a Chicago, Illinois court. The class action case, brought a little under a year ago, has been dismissed without chance of appeal.
    Guess he didn't read the ClickZ article about the plaintiff requesting dismissal, and bought into Zango's version.

  18. #18
    ABW Ambassador simcat's Avatar
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    http://www.siteadvisor.com/sites/zango.com

    Zango should become a verb like Google. i.e.

    'I googled his name'

    'I zango'ed his 'puter...'

  19. #19
    What's the word? Rhia7's Avatar
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    Quote Originally Posted by simcat
    http://www.siteadvisor.com/sites/zango.com

    Zango should become a verb like Google. i.e.

    'I googled his name'

    'I zango'ed his 'puter...'
    Sad -- but your example is funny
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  20. #20
    What's the word? Rhia7's Avatar
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    Quote Originally Posted by webworker
    The judge must know enough to be able to be able to understand what a consultant is saying if it comes to that ...
    Yeah, it is hoped that a judge is not a total moron (if a consultant explains a technical issue, it is most likely that the judge will be able to understand the details well enough) -- on the other hand, Dickens stated that "the law is a ass"
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