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EFF, Gator Against Other Pop-ups?

The Register reports that Gator has filed suit against Extended Stay America Inc to ensure that Extended cannot block its ads. Gator's argument is that consumers should be able to decide what they see on the Web and not Web site owners. It said in its suit that Extended Stay America has no right to prevent computer users from choosing to get its software and "viewing separate works, comprising advertising on that user's own computer screen, even when other works share the screen." Meanwhile, the EFF is considering supporting Gator's case, saying the issue is about who controls a computer when people go on-line.

17 of 52 comments (clear)

  1. If the EFF supports Gator, then... by PinkX · · Score: 3, Insightful

    I'll lose all respect for them.

    Meanwhile, the EFF is considering supporting Gator's case, saying the issue is about who controls a computer when people go on-line.

    Ok, and what about Gator installing its ad/spyware without users noticing it? What about it opening endless of popup/popunder windows? What about it monitoring users browsing/shopping habits?

    I thought the EFF was here to defend, first, the people rights online over those of the companies, even more unethical ones.

    1. Re:If the EFF supports Gator, then... by joebp · · Score: 5, Insightful
      I thought the EFF was here to defend, first, the people rights online over those of the companies, even more unethical ones.
      The real point is - who decides what you see what is on your screen when you visit a website?

      If it is the website owner, this sets a very bad precident for protecting consumers from crap like popups and excessive adverts (ahem, he says on /.).

      If Gator looses this action, it is likely that ad-blocking software (did anyone say Mozilla?) will be liable to similar actions. The point being Gator is contending that the User should decide what is on her screen when visiting a website.

      This doesn't detract from the fact that Gator are shady, near-fraudulent scamsters who need a jolly good beating with a cluestick.

    2. Re:If the EFF supports Gator, then... by Twirlip+of+the+Mists · · Score: 3, Insightful

      If it is the website owner, this sets a very bad precident for protecting consumers from crap like popups and excessive adverts (ahem, he says on /.).

      I think you've got it backwards. I don't believe there is any precedent at this time in favor of what you describe. Though some people find it distasteful, there's no clear evidence that advertising is actually harmful to adults, and so there's been no movement toward "protecting" adults from it. If a TV network wanted to swap the ratios and start showing 22 minutes of advertising per half hour, nobody would stop them. (Except market forces, of course.)

      All of this is dependent on the word "adult," though. Advertising has different effects on adults and on children, and organizations like the FTC and the FCC have guidelines about advertising to kids. But as far as adults go... it's a free country.

      In other words, nobody has said that "crap like popups and excessive adverts" are something that reasonable adults should be protected from.

      --

      I write in my journal
    3. Re:If the EFF supports Gator, then... by 0x0d0a · · Score: 3, Interesting

      Ok, and what about Gator installing its ad/spyware without users noticing it? What about it opening endless of popup/popunder windows? What about it monitoring users browsing/shopping habits?

      Ah, yes. More Internet legal crap being built to slightly alleviate Windows users' ridiculous spyware problems. Not an issue, except for the fact that then there's stupid case law that comes and slaps the rest of us in the face. Why should there be legal grounds for blocking or not blocking anything? Why should it be illegal for something like "smart tags (or whatever MS called its failed link-adding code)", or a Javascript-filtering proxy, or a text-based web browser to be used? The entire fucking point of HTML and the Web was that *anyone* could view the content however they wanted. Use whatever browser, whatever platform. Dumb terminal attached to a VAX/VMS system? No problem.

      And now, thanks to *stupid* squabbles over ever-shrinking ad-revenue among dying dot coms, we're going to end up with a massive amount of legal baggage.

      Let me put down my feelings. Anyone and anything should be able to process someone's web pages before the user views them, if the user so desires. If I want to have squid+sleezeball eat my ads, then I should be darn well allowed to do so. If I have a fetish with the color blue, I should be able to make my text always blue, and I should have the right to have user-defined !important CSS elements locally.

      Now, some people are complaining that Gator does things behind a user's back. Okay, fair enough. Make a law about deceptive claims that software packages make. If you really want regulation over software, do something with a European flavor and require that any software sending personal information (as defined by law) give, in plain English and a standardized format, an enumeration of what information is being transmitted. Via a *standard API*, so that companies can log, filter, and deal with the software being run on their networks, and users can keep a log, etc.

      But as for companies complaining about who has the right to slap the next flashing ad banner across some Windows user's screen...who really wants to give company A legal protection from company B?

      Nothing would suck more than to have a bunch of "quick-fix" laws slapped on the Internet and software in general. SYN flooding is a federal crime now because for a while, people were pissed off and scared about a hole that was difficult to patch over in TCP. Of course, syncookies came out quickly, but now we have this stupid law on the books that's going to be there forever and ever. Let's not have another mess like that, please.

      Thanks. Coments are, as always, welcome.

    4. Re:If the EFF supports Gator, then... by Brendan+Byrd · · Score: 3, Insightful

      In matters of freedom, the door swings both ways. You can't throw out the bad without throwing out the good. Case in point, the ACLU has defended the KKK's right to assemble and hold their rallys several times.

      Do I support the KKKs cause? No.
      Do most ACLU members support their cause? No.
      Do I support the ACLU's stance on protecting the KKK's right to hold a rally? Hell yes!

      If I don't, I might as well open the door for my right to rally be thrown out the window, in case MY cause decides to march down Washington.

      "I disapprove of what you say, but I will defend to the death your right to say it." -- Voltaire

  2. Ahh... by joto · · Score: 3, Insightful
    It is really quite a confusing world we live in today. EFF supports Gator. Slashdot readers support sofware patents, and so on.

    In this case, I'd have to say I am impressed with EFF. They firmly stand up to the ideals they preach about, not caring about whether the company in question is generally supportive of them or not.

  3. Gator = Consumers? by WeaponOfChoice · · Score: 4, Insightful

    Gator's argument is that consumers should be able to decide what they see on the Web and not Web site owners

    Seems more like gator's argument is that they should be able to decide what the consumer see on the web, not the web site owner and certainly not the consumer...

    --


    It's not that I'm Anti-American - I'm Pro-Freedom
    1. Re:Gator = Consumers? by Sloppy · · Score: 3, Insightful
      Ah, but if that's the argument, then its the users who should be trying to block Gator, not ESA.

      If you accept Gator's assertion that users have final say, then yes, that hurts Gator, but it hurts the people they're fighting even more.

      Ultimately, users are responsible for their computers. Gator's deceptive behavior is a matter between them and their users. For a third party (ESA) to step in and fight with Gator over this turf, only legitimizes the position that the turf in question belongs to someone other than the users.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  4. Not so fast by Anonymous Coward · · Score: 4, Insightful

    Extended Stay America should be allowed to provide internet access which blocks Gator just as Gator should be allowed to provide an ad-subscription service, as long as both of them clearly explain to their customers what they are doing. No website owner has the right to tell me how I look at their site, even if I choose to block the ads with Mozilla/Junkbuster/etc or have them replaced with other ads by using the Gator software. But by the same principle, why should Gator be able to tell my provider what kind of service they provide to me?

  5. Details? by clark625 · · Score: 4, Interesting

    I think this article is either missing some rather important details, or wasn't very clear. Is Extended Stay America blocking its customers from viewing Gator content while using the "hotel's" network, or somehow magically blocking Gator from working while someone looks at their website from anywhere in the world?


    I don't really see a problem with any hotel or whatever that provides me internet access as a service blocking any particular content. So long as it's in the agreement signed at the front counter--seems fair. And if people don't want this type of service, simply don't stay at their chain. Personally, I like that sort of thing so I would be inclined to stay with them more often knowing this. It's not a first ammendment thing since I'm told about it up-front and I can choose to stay elsewhere.


    On the other hand, if Extended Stay America has found a way to disable Gator from working on their website from anywhere--my congrats. Yeah, it's probably going to cost them in this civil suit that they may lose. It's still cool to think that someone's found a way to disable Gator, though.

    --
    Long, cute, or funny Sigs are just another form of over compensation, used by geeks, nerdz, etc.
  6. Who gets control of MY computer? by Inominate · · Score: 4, Insightful

    So the argument is wether website publishers, or spyware producers get control of my computer?

    Don't I have a say in this? Why can't I have control of my own computer!?

    The only entity which should have control over a computer is the administrator/user. Not external companies, not advertisers, not the software vendors. The user, and only the user.

    1. Re:Who gets control of MY computer? by Blkdeath · · Score: 4, Insightful
      So the argument is wether website publishers, or spyware producers get control of my computer?
      Looks like it. From what I gather about Gator's software, it's essentially pointless. Many modern web browsers have long shipped with functionality to store form information for websites (including and especially the one in Gator's principle target audience - Internet Explorer), so what we have is software that tracks a person's use of the web, blasts them unmercifully with ads which could see a FedEx or UPS ad appearing on the USPS website, or a Best Buy ad appearing at a small computer vendor's website, or a Sony Music ad appearing at BMG, etc. While this isn't neccesarily the crux of the matter, it's still a great concern to people who budget ads on their website.

      Now, standard IANAL applies here, but I certainly hope this won't affect those of us who disable popups in Mozilla, and use ad-filtering proxies (personally, I use AdZap with Squid).

      Don't I have a say in this? Why can't I have control of my own computer!?
      It does seem like we've got an argument brewing over precisely which fox should guard the henhouse, doesn't it?
      --
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      Shameless plug. Like you weren't expecting it.

  7. C'mon, be rational by Chris+Pimlott · · Score: 5, Insightful

    Is Gator a scummy company? Sounds like it. Do pop-up ads suck? Hell yes, why do you think I use Mozilla? But does it matter in this case? No.

    This case is about one specific thing, does control rest in the hands of the remote web site or within your own computer. The law does not give one damn about who Gator is; if Extended Stay America wins and sets the precident that the web site gets to control _completely_ how your computer displays it, it won't have matter if it were Gator or if it were motherteresa.com.

    Look past the company and look at the issues at stake. It _is_ one worth fighting for.

  8. You're all missing the bigger picture by parliboy · · Score: 5, Insightful

    Should an ISP be permitted to proactively block content. In other words:

    Could Time Warner Cable block sites that are critical of AOL?

    Should Universities acknowledge the RIAA letter and continue their P2P crackdowns?

    etc.

    EFF is attempting to demonstrate that the liberties and rights we all enjoy must apply to everyone, or they apply to noone.

    --
    "You're never ready, just less unprepared."
    1. Re:You're all missing the bigger picture by 0x0d0a · · Score: 4, Interesting

      Could Time Warner Cable block sites that are critical of AOL?

      Sure, I'd support their legal right to do so, say, come up with a web page saying "this site is blocked by AOL/Time Warner".

      Of course, if they redirected requests to a apparently legitimate false (their own) website, I'd consider that illegal, since you're claiming to be www.wehateaol.com or similar. Probably fraud.

      I'd also support the right of the media to do a nasty series of articles about this, and the right of the consumer to switch away from AOL after hearing that AOL does this.

      Censorship isn't inherently wrong. If all the members of a church don't want porn on their public access computers, that's their right. People should be able to voluntarily engage in censorship. The problem with censorship is when something like the government starts doing it -- then you're screwed, because you can't ever escape it.

      Entertaining considering my .sig, eh?

      Should Universities acknowledge the RIAA letter and continue their P2P crackdowns?

      This has nothing to do with whether netadmins should listen to the letter or not -- it only relates to whether, if they do decide to take action based on said letter, they have the righ to do so. Sure, I'd also support the right of a network admin to bandwidth cap or port-block ports on their own network. Of course, such things might factor into my decision to attend that university...

  9. Issues clouded by lack of information by vbweenie · · Score: 4, Insightful

    I don't understand this story.

    In what sense is Gator being blocked, and by what means? If the means employed are threats of legal action, then there's a case for the EFF to fight and there are strong reasons for them to fight it.

    Gator changes what happens when you visit certain websites. So, in some cases, does Mozilla with pop-ups disabled. If I want to download a bunch of HTML source from a URL using my own custom application, process it through a Swedish Chef dialectizer and display it on my desktop in 48pt Courier over an animated backdrop of Mr Hankey the Christmas Poo, I can (and maybe I will...later...).

    The end-user de facto controls the appearance of HTML-formatted content. The idea that content-owners should be able to use legal means to force me to view their pop-ups, or refrain from opening my own over their content, seems and is downright wrong. It's like being told not to look in a shop-window whilst wearing spectacles with pictures of naked choirboys taped to the insides, and you know how much I hate it when that happens.

    If, on the other hand, Gator is being blocked by technical means, then fair enough. There's no reason why content-owners should have to create content that can be rendered in Hankey-o-Bork-o-Vision, and if they can detect and refuse to respond to requests coming from my custom client (or some Gator-"enabled" browser), then they're surely entitled to do so. That's true even if it's Mozilla they're blocking. More fool them if they do, but they're within their rights: they can configure their server and write their CGI any damn way they want.

    --
    Experience is a hard school, but fools will learn no other.
  10. My opinion: it seems simple enough by mao+che+minh · · Score: 4, Insightful

    This is simple:

    Gator secretly installs itself (I say secretly, because the process by which it is installed is so transparent to the average user they never actually agree or disagree to anything) on your computer and then "hijacks" the legitimate, paid-for advertising of other companies with that of it's affiliates.

    This web site denies Gator from performing this action. Instead, the web site insures that the data contained on their site is presented directly to the viewer. It is then up to the viewers chosen software (a browser) to display the content. The average web surfer has no idea that the ads that are popping up or being displayed are in fact not from the content provider, but rather being presented by some piece of spy ware that was installed on their system without their full knowledge or compliance.