Symantec Sues Hotbar for Declaratory Judgment That Symantec’s Classifications/Descriptions Do Not Create Liability
Symantec Corp. v. Hotbar.com, Inc., Case No. C05-02309 (N.D. Cal. complaint filed June 7, 2005). This complaint was filed 3 weeks ago, but I was only able to get a copy of the complaint today. Even then, I have not…
Important 2d Circuit Adware Case–1-800 Contacts v. WhenU
1-800 Contacts, Inc. v. WhenU.com, Inc., Docket Nos. 04-0026-cv and 04-0446-cv (2d Cir. June 27, 2005). Overshadowed by yesterday’s Grokster mania, the Second Circuit finally issued an important ruling about WhenU’s liability for trademark infringement. The court found that WhenU…
AP Story on Defining Spyware/Adware
As a follow-up to yesterday’s story on advertiser liability for adware, today the AP runs a story about the definitional ambiguities of the words “spyware” and “adware,” and the problems those ambiguities create. I think this quote sums it up…
AP Story on Advertiser Responsibility for Adware
Michael Gormley of the Associated Press has finally released his story on advertiser responsibility for adware (I interviewed with him almost a month ago). The article does a good job recapping the issues. I have a lot more to say…
FTC Goes After Another Bogus Anti-Spyware Remover
FTC v. Trustsoft, No. H05-1905 (S.D. Tex. complaint filed May 31, 2005; Stipulated Preliminary Injunction Order granted June 14, 2005). The FTC has busted another vendor of anti-spyware software for making false claims about its products–specifically, that the “SpyKiller” software…
Interview at Spyware Informer
Alex Morganis at Spyware Informer interviewed me about adware/spyware issues. Read the interview here. This ended up being a great way for me to articulate some of my latest thoughts. I hope you find the interview interesting, and I welcome…
Some People Like “Spyware”?
I’m catching up on back reading, and I came across this December 2004 Wired News article by Michelle Delio called “Spyware on My Machine? So What?” [see update below about questions about the article] Anti-spyware advocates are wedded to the…
Alaska’s Anti-Adware Law
Alaska’s legislature has passed SB 140 (to be codified at Sec. 45.45.792, 45.45.794 and 45.45.798), which is awaiting the governor’s signature. This statute contains some anti-Internet porn provisions (probably unconstitutional under the First Amendment and Dormant Commerce Clause), but I’m…
Good Primer on Spyware
Spyware: Background and Policy Issues for Congress, Congressional Research Service, Order Code RL32706 (May 18, 2005). This report, written as a primer for Congress, is one of the most balanced descriptions of the spyware issues I’ve seen. (Balance is a…
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…