AWOL Opinions
While we are on Grokster watch, I also have been thinking of two opinions that seem to have disappeared into the void: * Second Circuit opinion in 1-800 Contacts v. WhenU. The district court ruled in December 2003, the parties…
Enhanced Consumer Protection Against Spyware Act of 2005 (S 1004)
Sen. Allen’s anti-spyware law has finally hit Thomas (the law was initially announced in April). Description The law has several substantive provisions, mostly revolving around a central provision making it illegal “to install through deceptive acts or practices software on…
Intermix Says It Has Settled NY Enforcement Action Over Adware
Intermix issued a press release today claiming to reach an “agreement in principle” to settle the Spitzer enforcement action over Intermix’s alleged distribution of illegal adware. Have the Parties Settled? On the same day, Intermix announced improved earnings. The combination…
More on the Adware Advertiser Witchhunt
I’ve been traveling for 3 weeks, so I missed a lot of good stuff while I was gone. One posting I missed was this one, discussing which stocks should be shorted because of Elliott Spitzer’s enforcement action against Intermix Media….
Edelman on “Intermediaries’ Role in the Spyware Mess”
Ben Edelman’s latest post discusses intermediary responsibility for adware. The post details how cash goes from advertisers to advertising representatives (“intermediaries”) to adware vendors to distributors. The Legal Liability Question This implicates an essential question: if someone commits an illegal…
Sen. Allen Introduces New Anti-Spyware Legislation
Sen. Allen promised to introduce an anti-spyware law about a month ago, but Internet News is reporting that he introduced a bill yesterday. A copy is not yet on Thomas or on Sen. Allen’s website. The article suggests that Allen…
Schwartz on Adware Advertisers
Ari Schwartz comes out swinging against adware advertisers, saying “Advertisers, too, should be pushed to take greater responsibility for the companies they advertise with.” His remarks raise a number of questions, including: 1) Is there something unique about the adware…
LA Times on Adware Advertisers–Including 1800 Contacts?
The LA Times reports on brand name advertisers found advertising on adware, including Mercedes-Benz and Travelocity.com. As is typical in these situations, the brand names disavow any connection with the adware advertsing as soon as the press contacts them. This…
Will Spitzer Go After the Adware Industry?
In the wake of Spitzer’s action against Intermix, I’ve been seeing lots of speculation that Spitzer’s office will go after other companies as well, given Spitzer’s reputation for pursuing an entire industry. See CBS Marketwatch (registration required); Riva Richmond of…
Does AskJeeves Have a Spyware/Adware Problem? Diller Says No. I Say…
Ben Edelman leveled two charges at AskJeeves on Monday. First, Ben asserts that AskJeeves targets kids for toolbar downloads. Second, Ben asserts that an AskJeeves distributor exploits security holes to install the toolbar without consent. This follows on the heels…