Microsoft Will Be an Adware Vendor
By Eric Goldman Microsoft is considering migrating some of its software titles to an ad-supported model instead of a consumer licensing fee model. This isn’t exactly a new idea–this development has been anticipated for at least a decade. However, if…
Supreme Court Denies 1-800 Contacts Cert Petition
By Eric Goldman Today the US Supreme Court denied 1-800 Contacts’ petition for certiorari of the second circuit opinion in 1-800 Contacts v. WhenU. I’m not surprised by the denial, but the bigger question is–now what for 1-800 Contacts’ campaign…
Texas AG Sues Sony Under State Anti-Spyware Law
By Eric Goldman Texas v. Sony BMG Music Entertainment (Tx. Dist. Ct. complaint filed Nov. 21, 2005). From a legal standpoint, today wasn’t a good day for Sony. In addition to being sued by the EFF, Texas decided to join…
Spyware Litigation Recap
By Eric Goldman There’s been an explosion of litigation involving spyware/adware–so much that I’ve not been able to blog it all on a timely basis. This post “catches up” some of the lawsuits from the last couple of months. In…
Is Sony’s DRM Spyware?
By Eric Goldman Sony’s DRM software generated lots of discussion and new information since my last post on the subject. The discussion (especially the many great comments I got in response to my previous post) has prompted me to change…
WhenU Opposition to 1-800 Contact’s Certiorari Petition
By Eric Goldman WhenU has filed its opposition to 1-800 Contact’s petition for certiorari from the US Supreme Court. WhenU’s main argument: “1-800 mischaracterizes the decision below as holding that the “covert” use of a trademark can never support an…
Can Kids Bind Parents to EULAs?
By Eric Goldman Abramson v. America Online, 2005 US Dist. LEXIS 10095 (N.D. Tex. May 25, 2005). One of the great unresolved issues in Cyberlaw: if a kid downloads P2P file sharing software, are the parents responsible? This issue is…
Barnes on Adware Contracts
By Eric Goldman Wayne Barnes, a law professor at Texas Wesleyan University School of Law, has posted “Rethinking Spyware: Questioning the Propriety of Contractual Consent to Online Surveillance” to SSRN. The first 50 pages largely recap the technology and the…
“Does Anyone Really Like Adware?” My Response to Suzi’s Question
By Eric Goldman Suzi of Spyware Confidential asks: “Does anyone really like adware?” I think this question is crucial, and it’s one I’ve been wondering myself. However, I think there are really 2 subquestions embedded in this one, and I’d…
Spitzer’s Witchhunt Nails Adware Executive Personally
By Eric Goldman In response to my post yesterday about adware witchhunts, a reader privately criticized me for analogizing the adware situation with manias where people’s lives were at stake. Ben Edelman made a similar point in his comment to…