McCullagh on HR 29
Declan weighs in against HR 29. He says, “politicians write laws that treat technology as something that’s as easy to define as a food product or an agricultural implement. It isn’t.” Too bad Congress isn’t listening to the many rational…
Download.com Becomes Adware Bundle-Free Zone
Download.com has declared itself adware bundle-free—all downloads from Download.com will be certified not to be bundled with adware. Personally, I think this step goes a little far. Many of the software programs offered on Download.com are shareware or freeware, so…
Widmaier on Internet Trademark Law
Uli Widmaier of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP has written an important new article, Use, Liability, and the Structure of Trademark Law, 33 Hofstra L. Rev. 603 (2004). The article makes a persuasive argument why keyword triggering should…
Adware Vendor Sued by New York Attorney General
New York v. Intermix Media (complaint filed April 28, 2005). Elliott Spitzer has sued software vendor Intermix Media (formerly eUniverse) for violations of New York’s consumer protection act, false advertising and common law trespass to chattels based on Intermix’s “spyware/adware.”…
Howes’ Recap on Spyware/Adware
Eric L. Howes gives a one-year retrospective of the state of spyware/adware. I was surprised that he was able to find any good news from his perspective, but he did! Of course, I would probably reverse some of his labels…
Boalt Spyware Talk
My notes from my presentation at Boalt on spyware. See my earlier post summarizing the conference. UPDATE: Sunbeltblog has some pointed commentary about my remarks.
Boalt Spyware Conference Recap
On Friday I attended the Spyware conference at Boalt. This was an outstanding conference—I learned a lot. You should take any opportunity to attend a Berkeley Technology Law Journal annual symposium in the future—their events are typically first-rate. Tutorial on…
Infomediaries–Where Are They?
I have been thinking a lot about “infomediaries.” If you’re not familiar with the term, John Hagel first described it in a 1997 Harvard Business Review article The Coming Battle for Customer Information (with Rayport) and then fleshed out his…
Boalt Conference on Spyware April 1
If you’re in the Bay Area and interested in adware/spyware, you should consider the Boalt conference on spyware on April 1 (this coming Friday). Boalt has a history of putting together superior events on emerging intersections between law and technology,…
Liability for Labeling Software as Spyware
Ben Edelman’s latest research describes various efforts by software vendors to curtail characterizations of their software as spyware (or a synonym). These bigfoot letters often attempt to distort the information marketplace by forcing the removal of unflattering but potentially accurate…