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Class Action Filed Against Bonzi Software

An anonymous reader writes: "A nationwide class action lawsuit was filed on November 25, 2002, in the Superior Court of Spokane County against Bonzi Software, Inc. Bonzi is among the world's most prolific issuers of internet advertising banners. Bonzi's website has been ranked as one of the most frequently visited websites in the world. In case you are wondering Bonzi is the company responsible for those irritating popup ads which say things like 'Your computer is broadcasting an internet IP Address...' and 'Your internet connection is not optimized ...'" The attacking lawyers provide some samples of the ads they say are misleading.

472 comments

  1. So, wait... by Anonymous Coward · · Score: 1, Funny

    My boss DOESN'T know that I'm looking at porn while I'm at work? That's a relief.

    1. Re:So, wait... by Anonymous Coward · · Score: 0


      GIVE ME A BREAK! Has anyone noticed the guy (Philip J. Carstens) who is suing Bonzi Software also sued his "former employer" after he sustained an "injury" of a "traumatic nature" when he bit into a piece of "Halloween Candy" taken from a dish located on the reception desk of his employer and "broke loose a dental crown."

      It's kind of like the story about the burglar who sued for being trapped for 8 days in a garage of a house that he burgled -- with "nothing" to survive on, except a case of soft drinks and a bag of dry dog food.

      You should read his legal argument: "The candy was either furnished by Mr. Carstens' employer, or by the receptionist employed by Mr. Carstens' employer, with full knowledge of the company's management and because the injury occurred in the course of his employment, Mr. Carstens had clearly sustained an injury compensable under the Industrial Insurance Act."

      Compensable? What does that word mean? Do they mean like... as in... compensation? Do they mean like... M-O-N-E-Y?

      But the really shocking thing is: HE WON THE CANDY LAWSUIT AND ACTUALLY GOT MONEY FOR HIS "TRAUMATIC INJURIES"! You can read all the "traumatic" details of that fateful day at: http://www.wa.gov/biia/890723.htm

      Unbelievable... I just realized that the "employer" that Mr. Carstens sued after he sustained an "injury" of a "traumatic nature" when he bit into a piece of "Halloween Candy" was none-other-than the law firm of "Ludkins & Annis" -- that's right, the same law firm who is now suing Bonzi Software on Mr. Carstens' behalf.

      SO LET ME GET THIS STRAIGHT. YOU HAVE A LAWYER -- WHO SUED HIS OWN LAW FIRM FOR BEING "TRAUMATICLY INJURED" BY A PIECE OF HALOWEEN CANDY -- AND NOW THIS SAME GUY HAS BEEN "INJURED" BY INTERNET POP-UP ADS TOO?

      The poor guy. I guess some people just have all the bad luck.

      David T. King

  2. Finally lawyers doing something useful by Anonymous Coward · · Score: 0

    Yeah! NUKE THE BASTARDS!

  3. Good idea by quintessent · · Score: 5, Insightful

    I always hated those ads. Not because I ever clicked on one. But they made me think, if my mom saw one of those, she'd think it was a Windows message and click the Ok button.

    1. Re:Good idea by global_diffusion · · Score: 5, Funny

      Yep. Just the other day I watched a sysadmin talk down a user who was freaking out over his computer not being safe for the internet. It was quite sad.

    2. Re:Good idea by ryochiji · · Score: 2
      >Not because I ever clicked on one

      I've never clicked on any of their ads either (or any popup/banner ad for that matter), but I wonder if that means I can't join the class action suit...

    3. Re:Good idea by Anonymous Coward · · Score: 2, Funny
      I always hated those ads. Not because I ever clicked on one.

      Yeah right. And you never clicked on a goatse link either, huh?

    4. Re:Good idea by z01d · · Score: 3, Insightful

      teach her how to change the windows appearance (color scheme), that's what i taught my girl friend.

    5. Re:Good idea by coryboehne · · Score: 5, Insightful

      I'm actually guilty of clicking on one of these... Not because the fooled me though, I just have a habit of clicking banner ads to see what kind of crap is being sold by these people.

      Now, I hate banner ads (nearly) as much as the next guy.. But really, let's admit to it, the creativeness required to think up faking an error screen to get users to click on it (think reaction vs. action) is genius. I'm not sure this suit has any merit at all (IANAL although I do play one on TV) and even if it does it really shouldn't.

      Just because you find something annoying doesn't mean it should be against the law, I mean if you're in a restaruant and you are going to pay $100+ for the meal and someone's baby is crying, or they are talking to loud, or even better their baby is screaming because they're talking into a cell phone instead of paying attention to their kid and at that they are talking into the phone at an unreasonable volume level. Now, should this be illegal? The short answer is no.

      Compare this to Dimtri and the DMCA fiasco, all he really did was innovate and try to do something different and make a buck in the process, and for what end result? To get sued for their intended innovation in business? Although I admit there are a million differences I wanted to use a well known case for comparison, so please spare the flames about adobe e-book vs misleading (looking) ads, the point is that it was innovation that lead both people on their path.

      Anyway, it might be best to think about this before jumping on the "I hate everything that has anything to do with advertising on the internet" bandwagon and attacking this person for what really only amounts to innovation gone askew.

    6. Re:Good idea by Jace+of+Fuse! · · Score: 4, Insightful

      You are right, this should not be illegal just because it is annoying. There are already laws against misleading people with advertising. Some of the pop-ups are already made illegal by those laws, and they should be strictly enforced.

      The rest of them, well, we can just block those ads. :D

      --

      "Everything you know is wrong. (And stupid.)"

      Moderation Totals: Wrong=2, Stupid=3, Total=5.
    7. Re:Good idea by quintessent · · Score: 5, Insightful

      Just because you find something annoying doesn't mean it should be against the law.

      Let's argue that one another day. But these ads are not just annoying, they're deceptive. That's a serious issue.

    8. Re:Good idea by quintessent · · Score: 2

      Hurry and click on one, and get your 2 cents worth :)

    9. Re:Good idea by archeopterix · · Score: 4, Funny
      Hurry and click on one, and get your 2 cents worth :)
      Plus, if you manage to punch the monkey, you will get your 20 banana bucks!
    10. Re:Good idea by teasea · · Score: 2, Insightful

      But really, let's admit to it, the creativeness required to think up faking an error screen to get users to click on it (think reaction vs. action) is genius
      Nothing personal, but I've never understood this logic. I'll take the short end of long odds that someone thought of this and dismissed it. If not because they would feel like an asshole then because it would be likely to piss off potential customers (generally considered a Bad Thing). Regardless, I'd call it ballsy, but not genius.

    11. Re:Good idea by 1u3hr · · Score: 3, Informative
      Hurry and click on one, and get your 2 cents worth

      Actually, $500 worth:

      The Complaint asks the Spokane County Superior Court to award punitive damages against Bonzi in the amount of $500 per class member, as well as compensatory damages in the amount of $5.00 per deceptive advertising banner issued by Bonzi. The Complaint also seeks an order enjoining Bonzi from issuing similar Internet advertising banners in the future.
    12. Re:Good idea by delstar+dotstar · · Score: 1
      But really, let's admit to it, the creativeness required to think up faking an error screen to get users to click on it (think reaction vs. action) is genius.
      No. It's deceptive. It tries to sell a product by playing on the naivete of the uninformed user, which is hardly "innovation," as you call it. It's good old fear, uncertainty, and doubt, deliberately spread to mislead poor schmucks into buying something they don't need.
    13. Re:Good idea by grahamtriggs · · Score: 1

      These adverts are not just annoying - they are deceptive... they are trying to get people to click them by making them think there is something wrong with their computer - when in many cases this simply isn't true...

      And even in the cases where the advert isn't deceptive, most of the time they still contain objectionable content - ie. they are adverts for porn or gambling sites... (remember that it could be a minor that is seeing this)...

      Besides which, the way they work is objectionable - if the internet is referred to as the 'information superhighway', then how about a motoring analogy... a pop-up banner would be somewhat equivalent to someone bringing your car to halt / diverting it down a different road, just for the purpose that you see a particular roadside banner... would you want that to be illegal or not?

      As for your comment about babies crying / cell phones... well, you can't do much about babies, but laws *are* being drawn up to stop the use of cell phones in public places - ie. cinemas... so if that is what you want to equate pop-up adverts to, then maybe a precedent is already being set...

    14. Re:Good idea by MegaFur · · Score: 2

      Nope, sorry. Not buying the innovation argument. Or rather--it's not that I take issue with the idea that it's innovative (on second thought, see below), it's just that I see it as yet another unscrupulous tactic by some two-bit company to try to gank people out of their hard earned money. I'm kind of anti-corporation.

      In addition, the concept of presenting a false or misleading user interface is not wholly new. There have been Trojan Horse programs that operate this way for many, many years. A popular choice used to be to immitate the logon screen. Nice way to grab passwords.

      I'm not saying, exactly, that what this company's doing is the same as a Trojan, but if it isn't, then it's awfully damn close. Even when you know it's an add, you're forced to look at it for a second because it looks like it might be a real status window. (Until you read it of course.)

      I hate this company and I say let 'em fry. What I want to know is, is there anyway I can get a cut of some of the profits if the class eventually wins the suit?

      --
      Furry cows moo and decompress.
    15. Re:Good idea by quintessent · · Score: 4, Insightful

      Believe me, by the time it gets through the jury, judge, and attorneys, it will be about 2 cents.

    16. Re:Good idea by TheMidget · · Score: 3, Funny
      Besides which, the way they work is objectionable - if the internet is referred to as the 'information superhighway', then how about a motoring analogy... a pop-up banner would be somewhat equivalent to someone bringing your car to halt / diverting it down a different road, just for the purpose that you see a particular roadside banner... would you want that to be illegal or not?

      A better analogy would be billboards disguised as traffic signs... "Roadworks ahead, bypass to the right", but the "bypass" is a cul-de-sac leading to some cheesy sexshop.

      Of course, if roads were Slashdot, you'd see traffic signs pointing to some hick's backyard who'd spend all day mooning passersby.

    17. Re:Good idea by Afrosheen · · Score: 1, Troll

      I'd like to see how many Linux users accidentally clicked on these. Is the number less than or equal to zero?

    18. Re:Good idea by Mr_Dyqik · · Score: 2

      Just because it's deceptive doesn't mean it's not genius.

      I can appreciate how well socially engineered some of these are without condoning them.

    19. Re:Good idea by Ponty · · Score: 5, Funny

      You mean my computer isn't broadcasting an IP address? That really scared me. I went out and bought $3000 worth of networking hardware to create a DMZ with border gateways and traffic shapers. Every single packet has to be personally approved by me to get out of my house. Ain't no hacker gonna hack my computer!

    20. Re:Good idea by Anonymous Coward · · Score: 1, Funny

      Prosecutor's initial request: $500 / person affected
      Jury awards damages: $2,000,000 / person
      Judge reviews jury's decision: $300 / person
      After attorney's fees, court costs, bancruptcy claims, etc: $0.02 / person, paid out over ten years.

    21. Re:Good idea by Anonymous Coward · · Score: 0
      I'm not sure this suit has any merit at all
      In newspapers, advertizing should be clearly labeled and may not use the same font as the rest of the newspaper so as not to confuse readers into thinking that the commercial message is part of the newspaper.
    22. Re:Good idea by dirk · · Score: 2

      I don't find anything deceptive in the ads though. The text in the ads in generally true. You're computer is broadcasting an IP that can be used to attack you (whether you have a firewall in place to stop attack sis another matter). I would assume the InternetBoost really does increase download speeds. I've never used it, but I have used similar programs that work along the same lines. They look like a windows pop-up box, but does that mean anything that uses an actual pop-up box besides Windows in deceptive? When Kazaa pops up a box saying that there is an upgrade (or whatever) is that deceptive?

      Sure, they are slimy, and I hate ads, but these really don't appear to be deceptive any more than any other advertisement.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    23. Re:Good idea by mydigitalself · · Score: 2, Insightful

      sorry but i think you are just so on the wrong track. maybe you should stop clicking arbitary banners!

      the point is NOT that they are being sued for being irritating, otherwise i would have filed a class action suit against destiny's child when they brought out BILLS, BILLS, BILLS!. they are filing for MISLEADING people.

      you may not be mislead because you are some sort of genius (who clicks on banners?). but the point made a few posts up regarding a /.'s mom is EXACTLY the point of this - and my sentiments are identical to that post. if my mother saw a windows-looking popup message that said her internet connection is slow, click here to make it faster - she would click on it. funnily enough, clicking on that banner doesn't upgrade her 56k analog modem into an ADSL broadband connection - but what the hell does she know?

      when i first encountered one of these, my first thought was clever, my second was disgust.

      to come back to your stupid restaurant analagy... if they had a special if you order a great big juicy steak and get a free bottle of wine, you did so, and you got some thin shitty steak and a 125ml bottle of wine - then they are being MISLEADING. although that example is also pretty stupid. doh.

    24. Re:Good idea by scsirob · · Score: 1

      "the creativeness required to think up faking an error screen to get users to click on it (think reaction vs. action) is genius"

      So let's see... If the doctor sends you a fake report stating you have cancer, just to sell placebo drugs, you think is genius... I slowly start to understand why spammers claim their tactics work..

      --
      To Terminate, or not to Terminate, that's the question - SCSIROB
    25. Re:Good idea by Anonymous Coward · · Score: 0

      The actual message is not is what is deceptive it is the medium they use it or at least appear to use it. Tell me something, if you received a mail letter in the likness in every way to IRS/Revenue Canada/Whomever collects your taxes saying "You are paying too much on your Taxes, you should buy our service" it could be considered intentionaly missleading.

    26. Re:Good idea by Iamthefallen · · Score: 3, Funny

      So you're saying that running into a packed theatre and yelling FIRE!(in my fireplace) isn't deceptive?

      --
      Wax-Museum Fire Results In Hundreds Of New Danny DeVito Statues
    27. Re:Good idea by Des+Herriott · · Score: 1
      You're [sic] computer is broadcasting an IP that can be used to attack you

      False. Even if I didn't have a NAT'ing firewall in front on my machine, it still wouldn't be "broadcasting" an address. Its IP address might be visible to those servers to which it connects, but that's not at all the same as broadcasting, which implies advertising it to all and sundry.

      So, yes, this is deception. Even more so when you consider that it's obviously aimed at the less computer-literate.

    28. Re:Good idea by Ryan+Amos · · Score: 2

      Wow, you just got the entire point of this lawsuit. :) Nevermind that internet advertising doesn't really work anyway...

    29. Re:Good idea by Saint+Fnordius · · Score: 4, Interesting

      You're missing the "deceptive" part of the ad, name that it PRETENDS to be a windows alert. In other words, they're using trickery to get you to click on it. I'm a Mac head, so I once accidently clicked on one when I was using a friend's Win98 PC. I thought it was just a message and I just wanted to close the dumb thing.

      IMO, it's the whole "false pretenses" thing. Advertisements can't pass themselves off as consumer alerts or unbiased articles, but they try. And since the print/radio deceptions get spanked, so should these bozos.

    30. Re:Good idea by sg_oneill · · Score: 3, Insightful

      Precisely. And if "broadcasting" means telling a webserver who wants the page then I cant see how this can be remidied.
      "Hey webserver, someone wants a web page. Please disregard this however, because I won't tell you who".... Nope can't see it working.

      UNLESS a proxy is involved.

      And lets face it , do we REALLY want bonzi knowing every page we see via a proxy.........

      Can you spot the ploy at play here?

      --
      Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
    31. Re:Good idea by rgarcia · · Score: 1

      Probably not too many because the fake pop-ups have the standard MS Window decorations. Unless you're running a theme that copies that decoration exactly, the pop-up looks out of place.
      I bet if the decoration was a copy of the default Redhat Gtk theme, there'd be a lot more clicking by Linux users.

      --

      I couldn't fail to disagree with you less.

    32. Re:Good idea by scottme · · Score: 1

      Actually, many Linux users browsing with Mozilla are likely to have disabled all pop-ups like these, so they simply wouldn't see them.

    33. Re:Good idea by Anonymous Coward · · Score: 0

      No it isn't deceptive. People in the theatre will either tell you to shut the fuck up or punch you in the teeth. In case you've been hiding in cave for the past centuries, nowaday we have something called a *fire alarm*.

    34. Re:Good idea by delstar+dotstar · · Score: 1
      Just because it's deceptive doesn't mean it's not genius.
      Sure, but if your idea of genius is one of those ads, you probably need to get out more.
    35. Re:Good idea by bwalling · · Score: 2

      Sure, they are slimy, and I hate ads, but these really don't appear to be deceptive any more than any other advertisement.

      It's not the text of the advertisement that is deceptive (although they are lying about the "broadcasting" part). It's the presentation. The intent is to deceive the user into believing that their own software (Windows) is telling them that they need this upgrade. Therefore, the user will feel compelled to download it because they are supposed to. The deception is that the user does not perceive it to be an advertisement, but a compulsory upgrade.

    36. Re:Good idea by jafuser · · Score: 2
      Not deceptive?

      How about the one that says your internet connection is not optimized? It's assuming I have not optimized my connection, but they can't know that from a banner ad.

      It's not much different than if an auto repair shop tells *all* of their customers, that their engines are not tuned, and that for an additional $400 they can do it for you. This includes customers who already *are* fully tuned, who will still be blindly asked to pay $400 regardlessly.

      --
      Please consider making an automatic monthly recurring donation to the EFF
    37. Re:Good idea by Anonymous Coward · · Score: 0

      really? so, uh, what's the ip address?

    38. Re:Good idea by ntp · · Score: 1

      > I don't find anything deceptive in the ads though.

      How about this:
      "Your Computer is Currently Broadcasting An Internet IP Address. With This Address, Someone Can Immediately Begin Attacking Your Computer."

      This is just a blatant lie. Normal PC's don't broadcast anything (except ARP & DHCP). There is a HUGE difference between broadcast and unicast operation. Anyway, if you were broadcasting packets, it wouldn't make it off the local subnet.

      If they mean "broadcasting" as in "making public" then it would be true but then the only way around that is a proxy.

      --
      I control the time!
    39. Re:Good idea by fermion · · Score: 1
      I would agree with you if the ads were merely somewhat misleading, emotionally contrived hyperbolic, immoral, or annoying. These elements are in almost every successful advertisement campaign, and few even notice. It is perfectly accepted that cigarettes create a sexy male, feeding fast food to your kids means you love them, and drinking the right soft drink will bring world peace, or, alternatively, get you lucky with a bit of former jail bait. All these things are perfectly legal.

      The issue here is deceptive advertisement, which is taken quite seriously. Look at the evolution of the car lease promotion. In the beginning, it gave a deceptive impression of the cost of the lease. Now the ads are required to disclose all costs. Likewise the print ads for department stores, which now carry notices that the list price does not mean a price at which anything was actually offered or sold. Of course, the closest example may be the deceptive verisign domain registration which cajoled people to switch their registrar through fraudulent means.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    40. Re:Good idea by Ponty · · Score: 3, Funny

      I think it's 192.168.1.54. I spent a lot of money on it and the guy who sold it to me told me that it's really prestigious and that people would know how sophisticated I was if I told them my IP address.

    41. Re:Good idea by ActiveSX · · Score: 2

      The rest of them, well, we can just block those ads. :D

      Thievery!

    42. Re:Good idea by Anonymous Coward · · Score: 0

      Modern day equivalent would then be to stand up on a flight and cry Allah Akbar! Does that work for you? Good.

    43. Re:Good idea by operagost · · Score: 5, Interesting
      What's sad is the FTC should have stepped in here. That's what Americans are paying taxes for, and they simply don't do anything. This lawsuit will only benefit a few already wealthy lawyers.

      That being said, these banners are more than misleading, they're downright deceptive. See here. Look at banner one: "Your computer is broadcasting an Internet IP [sic] address." No, broadcasting is an actual technical term for sending data to an entire subnet or network and is not part of routine Internet activity. Let's not even try to figure out how your computer could possibly communicate without an IP address. Banner three: "Your internet connection is not optimized." Since an animated GIF is incapable of analyzing my IP stack's configuration, I'd have to say this is incorrect information.

      Only banner two is legit, because it says your current connection MAY be capable of faster speeds.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    44. Re:Good idea by walterbyrd · · Score: 1

      >>Just because you find something annoying doesn't mean it should be against the law

      It's not just annoying, it's misleading. Those ads might not fool you, but they must fool some people, otherwise bonzi wouldn't be able to sell them.

    45. Re:Good idea by Anonymous Coward · · Score: 0

      Did someone call me? Is there some kind of trap? - Admiral Akbar.

    46. Re:Good idea by Rude+Turnip · · Score: 1

      My dad almost clicked on one and he was running BeOS, with its very distinctive short, yellow tabs...a newbie is going to be fooled no matter what OS you put on his computer.

      At work one day, I had to spend five minutes convincing someone that those popups were fake error messages and that there was nothing to worry about.

      It's pretty safe to assume that everyone here on /. knows the score, but you would be amazed at the general ignorance of society at large when it comes to computers, the internet & everything related - they don't know anything other than the crap that is spoon-fed to them.

    47. Re:Good idea by Carmody · · Score: 2

      I mean if you're in a restaruant and you are going to pay $100+ for the meal and someone's baby is crying, or they are talking to loud, or even better their baby is screaming because they're talking into a cell phone instead of paying attention to their kid and at that they are talking into the phone at an unreasonable volume level. Now, should this be illegal? The short answer is no.

      The longer answer is "yes, and the penalty should be death."

      --
      God is real unless declared integer
    48. Re:Good idea by pjrc · · Score: 2
      let's admit to it, the creativeness required to think up faking an error screen to get users to click on it (think reaction vs. action) is genius

      Would it also be genius to put up fake traffic signs directing people to your store, restaurant, or other place of business?

      How about sending fake invoices to renew domain registration, yet in the very fine print it's actually a transferal to another provider? That "genius" recently went to court, and NetworkSolutions didn't look so smart then, did they?

      Real genius in advertising is what google does. At a time when people have become "banner blind", google went to fast loading text only ads, clearly defined as ads at a time when other search engines compromised their results with paid placement or ads visually similar to search results. People by and large respect that and google's ads are quite effective. That's genius.

      Faking windows dialog boxes (and serving win9x look messages to Linux, MacOS, and WinXP clients) isn't genius. It's deception. I hope they go down in flames and others take notice.

    49. Re:Good idea by rworne · · Score: 1
      Next thing to expect:


      Bonzi annouces that they were awarded a patent on "a method of specifying an ip address in order to make it non-routable on the internet" and demands everyone with a router or other NAT device to pay up or else.

      --
      I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
    50. Re:Good idea by aWalrus · · Score: 4, Insightful

      Good point. I think this would be akin to road billboard ads trying to pass themselves as road signs. That would surely get them in trouble real fast. Maybe computerdom should be viewed in the same light?
      --

      --
      Overcaffeinated. Angry geeks.
    51. Re:Good idea by Christianfreak · · Score: 2

      Unfortunatly it doesn't always happen in print either. I'm still waiting for someone to sue CapitalOne over the dead tree mailouts they send that try to look like a bill or some other important information.

    52. Re:Good idea by SethJohnson · · Score: 2


      No one is demanding compensation for damages due to the annoyance caused by these banner ads. It's the deception as described by an earlier post that these lawyers are attacking.

      I find your comment a little shortsighted. This is not about the freedom to innovate... By your comment, I suppose you would advocate these marketing methods as well:

      A TV commercial which broadcasts fuzz for a minute and a half, then a green menu like many TV's have that indicates it is in a diagnostic mode and suggests a 1-800 number that can be called to get the TV 'fixed'.

      Or how about a man who drives around town in a truck that says "City of {insert appropriate city name}" and knocks on doors telling people their pipes are leaking?

      Should these 'innovative' marketing techniques be legally valid?
    53. Re:Good idea by Anonymous Coward · · Score: 0

      They are not suing because the ads are annoying. They are claiming their ads are fraudulent because they are attempting to impersonate the operating system and fool the user. If their ads looked different, this law suit would not exist.

    54. Re:Good idea by RY · · Score: 0

      I've had to talk down the incomident

      I've seen adds which are the fake error messages with the actual top of the window off the top of the screen. prity cute when the person clikcs the "X" and it is the same as cliking "OK".

      Personaly I think that popup adds should be outlawed.

      jm2

    55. Re:Good idea by jonadab · · Score: 5, Insightful

      > Only banner two is legit, because it says your current connection
      > MAY be capable of faster speeds.

      These banners aren't fraudulent just because of what they say --
      although what they say is certainly deceptive as well. My most
      serious objection to them is that they are deliberately designed
      to look like something much more important than advertising. If
      a company started putting up roadside advertisements made to look
      like road construction signs, little carts with blinking arrows
      made of individual lights (such as the DOT uses), and so on, in
      order to convince drivers that their driveway was the next exit,
      or that it was imperative to get off at their exit as part of a
      detour due to road construction, would we allow that? (Okay,
      Microsoft is not a government agency, but the importance of
      operating systems error messages on a computer is very similar
      to the importance of highway department messages on a highway.)

      That the messages in these fake dialogs are deceptive is just
      the icing on the cake.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    56. Re:Good idea by youBastrd · · Score: 1

      The odd thing is that I've seen these ads and they get the IP address wrong! I mean, they don't even get the class right. Sure, h4ck whomever's machine that is, it's not mine!

      --
      No one has ever fired for blaming Microsoft.
    57. Re:Good idea by Eccles · · Score: 1

      I mean if you're in a restaruant and you are going to pay $100+ for the meal and someone's baby is crying, or they are talking too loud

      Bad analogy. This is like being in a restaurant and someone (dressed as a restaurant employee) comes up and gives you a bill, you pay it, and then your actual waiter comes with the bill for your meal. It's not the annoyance, it's the fraud.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    58. Re:Good idea by rworne · · Score: 2
      Compare this to Dimtri and the DMCA fiasco, all he really did was innovate and try to do something different and make a buck in the process, and for what end result? To get sued for their intended innovation in business? Although I admit there are a million differences I wanted to use a well known case for comparison, so please spare the flames about adobe e-book vs misleading (looking) ads, the point is that it was innovation that lead both people on their path.

      You are forgetting the important difference between Elcomsoft and Bonzi:

      Who is getting screwed by the defendant.

      Elcomsoft did the one thing that was a mistake, that is piss off Adobe. Adobe happens to be a corporation with corporate laws like the DMCA and plenty of government lawyers to back it up. I would guess that the prosecution of Elcomsoft isn't costing Adobe any money now that its a federal matter. Bonzi is screwing over Joe SixPack, and all the other grandmas, kids, and clueless people on the net. What laws to they have to protect them? Not very many. Is the government going to help? Nope, just look at the actions of the FTC inthis matter and all the action being done against spam. That's why there are lawyers and the class action - the government wants nothing to to with it. If it weren't for the class action, no one would have the resources to go after Bonzi.
      --
      I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
    59. Re:Good idea by Sylver+Dragon · · Score: 2

      I agree that trying to outlaw something because its annoying is silly. But that's not what this is about, at least in my mind.
      I've seen those ads(before I switched to Mozilla). And, even being a somewhat savvy computer user, they gave me pause for half a second. It looked very much like a windows warning. Of course, after a quick scan of the text I realized that it was just and ad. For someone like myself, and I assume most of the slashdot crowd, its easy to recoginze the messages as bogus. On ther other hand you have people like my girlfriend, who uses her computer to play games and get email. She doesn't know much about windows errors, and when she sees one, like most average end users, she clicks OK. Its people like this that will click on one of these things, and suddenly have that damn purple gorrilla in thier system tray. (Or in my g/f's case, she did it on my system.)
      This is why we have laws that ban deceptive advertising, it can trick people into doing something that they would not do if they had been properly informed. Now, I expect that a large portion of readers are at this point thinking, "well those 1users deserve what they get" this is bullshit. Most people are not experts on computers, they have no need to be, and it shouldn't be required of them. To give a real world analogy, how would you like to have your mom walk in to get her car's oil changed and the mechanic tells her she also needs a new front differental, since the current one is in pretty bad shape. Of course he can install one for $200 in about an hour. If she does it, is she just a 'luser' who should have known better? Or is the mechanic a rotten thief that is about to get a visit from the BAR?
      Just because we use a technology, doesn't mean we should have to be an expert in it. We have way too much of it hanging around for any one person to know every last detail about all of it. We rely on those people that are experts to help us when we can't help ourselves. And we rely on the government to enforce some standards in the way businesses treat us. The whole point of government is the protection of the governed. Which brings us my last point, why isn't it the FTC nailing these people?

      --
      Necessity is the mother of invention.
      Laziness is the father.
    60. Re:Good idea by Amazing+Quantum+Man · · Score: 1

      Nah. You'll get a coupon worth $1 off "Internet Boost".

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    61. Re:Good idea by Jucius+Maximus · · Score: 2
      "I've never clicked on any of their ads either (or any popup/banner ad for that matter), but I wonder if that means I can't join the class action suit..."

      Banner ads?

      I had almost forgotten that there were banner ads on the web. I suggest all mozilla users take a quick look at bannerblind.

    62. Re:Good idea by jonadab · · Score: 2

      > I don't find anything deceptive in the ads though.

      Then you are one of the 98% whom the ad targets: people who don't
      understand why it's bogus.

      > You're computer is broadcasting an IP

      No, it isn't. Your computer is narrowcasting an IP address only
      to specific computers with which it is communicating. However,
      even if your computer did not give out the address at all, other
      computers would still know that such an address exists and that
      there might be a computer at it. All the IP addresses on the
      internet (_all_ of them) are routinely checked by port scanners,
      even if there's _not_ a computer connected using that address.
      So even if you _were_ broadcasting your IP, crackers would not
      gain any advantage from that.

      > an IP that can be used to attack you

      Short answer: No, it can't.

      > I would assume the InternetBoost really does increase download
      > speeds.

      How, exactly, would it accomplish this? (Hint: it wouldn't.)

      > They look like a windows pop-up box, but does that mean anything
      > that uses an actual pop-up box besides Windows in deceptive?

      A program running on your computer is another matter. These are
      not programs running on your computer; they are advertisements
      trying to _appear_ to be such.

      > When Kazaa pops up a box saying that there is an upgrade (or
      > whatever) is that deceptive?

      To be fully analagous, the box in question would have to go out
      of its way to appear to have nothing to do with KaZaA, warn the
      user of something that sound like a problem (not just offer that
      "an upgrade is available", but more like "WARNING: Your computer
      is not functioning properly! You need to get an upgrade!"), and
      the "upgrade" in question would have to be something that the
      user is currently not using, nor has expressed any particular
      interest in using, something that doesn't do anything the dialog
      box predicted but instead surreptitously performs some other
      function that the user never intended.

      That said, such an action wouldn't greatly surprise me coming
      from KaZaA.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    63. Re:Good idea by jonadab · · Score: 3, Interesting

      > the user does not perceive it to be an advertisement, but a
      > compulsory upgrade.

      It's worse than that. Go to a public library and watch people who
      don't have a computer at home. By far and away the most common way
      they follow these deceptive dialog-banner links is by clicking the
      upper-right-hand corner, the part that resembles a close box.

      They think it's modal. (They don't know the word "modal", or the
      term "dialog box" for that matter, but that's irrelevant.) They
      want it to go away, and the advertiser is deliberately harnessing
      the user's desire to make it go away. That's why it's presented
      as an error, rather than a positive message. The thing is designed
      so that if the user tries to make it go away, they will have the
      target content rammed down their throat -- obviously against their
      will, since they tried to close the thing.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    64. Re:Good idea by Sj0 · · Score: 2

      The presentation is deceptive. Proof?

      There's a cancel button on the ads. Guess what it does?

      --
      It's been a long time.
    65. Re:Good idea by MonsterChicharo · · Score: 1

      I envy you. I would love to install it. Yet, taken from the link you posted:

      Note: The current BannerBlind install package contains an error that causes BannerBlind to not register properly. Please keep watching this site for announcement of new update.

    66. Re:Good idea by Anonymous Coward · · Score: 0

      "Your computer is broadcasting an Internet IP [sic] address." No, broadcasting is an actual technical term for sending data to an entire subnet or network and is not part of routine Internet activity.

      No, my computer is broadcasting an IP address, to the LAN. This address is then being thrown away by the gateway, which broadcasts its IP address on the cable company's network. (I get a lot of ARP requests with other people's IP addresses, which isn't the same thing at all, but I'm still getting their address via broadcast.)

      It's not in the scope (or protocol) that they're implying, but it's still broadcast.

    67. Re:Good idea by Jucius+Maximus · · Score: 2
      "Note: The current BannerBlind install package contains an error that causes BannerBlind to not register properly. Please keep watching this site for announcement of new update."

      I found a workaround for this which can be found in the bannerblind bugzilla.

    68. Re:Good idea by Sneftel · · Score: 2

      If roads were slashdot, there'd also be road signs diverting MILLIONS OF CARS onto a single driveway owned by some poor schmuck who happened to build something cool out of legos.

      --
      The opinions stated herein do not necessarily represent those of anybody at all. Deal with it.
    69. Re:Good idea by Belgand · · Score: 2

      Actually I don't think that would be especially deceptive. If you see a billboard on the side of the road in standard billboard format with a large stop sign saying "STOP ... for Waffles! Next Exit" you wouldn't immediately slam on the brakes. You certainly recognize the symbology used and associate it with the ad, but you do not associate the context. Traffic signs are never put up on billboards a few feet high and as such a reasonable person can tell the difference and not be misled.

      These ads are about the same. Yes, they're annoying, inaccurate, and as another poster mentioned more or less fradulant as far as the text is concerned. I do not however see how someone could view them as legitimate errors. Even in Windows system errors are not pop-ups in web browsers nor do they often appear blinking embedded in a web site. This is an attempt to create a mental link in order to drive the desired effect (this is IMPORTANT and my computer is in some sort of percieved danger) and possibly cause dumb people to click on it because it mimics common UI elements (buttons, scroll-bars, radio buttons, etc.) all seen in many other ads.

    70. Re:Good idea by kcbrown · · Score: 2
      Yep. Just the other day I watched a sysadmin talk down a user who was freaking out over his computer not being safe for the internet. It was quite sad.

      If the computer was running Internet Explorer under Windows, then the user was right...

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    71. Re:Good idea by Blkdeath · · Score: 3, Insightful
      Yep. Just the other day I watched a sysadmin talk down a user who was freaking out over his computer not being safe for the internet. It was quite sad.
      I had to explain, very patiently, to a person that she could continue her research on old French poetry without having to worry about the 'error message' she saw in her web browser, and instruct her to ignore supposed error messages that popped into her browser window. She'd phoned the NOC in a panic, see, because 'her' Internet connection was not optimised, and this frightened her.

      Of course, the fact that the connection belonged to the school (board) was of no consequence to her. Apparently it was urgent enough to interrupt me from doing ACTUAL work to calm her down (See, it was an emergency, I had to get there immediately because the computer wouldn't let her do research).

      So consider this; the sysadmin who was "talking down to" this user - could it perhaps be the thirtieth user he'd had to calm down about his computer safety?

      There are limits to the amount of human stupidity I can tolerate. Sorry. Companies and schools have computer use and security policies in effect; policies which are made available to the users often without them even having to ask. What do these users DO with these policies? They shove them in a drawer, or as I've seen more often than not line a bird cage with them (or circular-file them at the earliest possible convenience).

      So no, I do not feel pity for the morons who've downloaded and installed this tripe. They've brought it on themselves for skimming EULAs, installing software they clearly know nothing about, and by holding out for the least expensive products and services including Information Technology - which has resulted in fewer employed knowledgeable sysadmins and more people who want to save a buck by doing "that computer stuff" by themselves, which only allows them to get bamboozled so bloody easily. Moreover, most users who contact network admins about these problems do so knowing full-well that they know MORE than (s)he does already, or they just brazenly go about doing something they don't understand without consulting anybody about it because, hey, they're smart enough to figure this out! Why on EARTH would someone be out to fool ME? The world is rosy and everybody's out to help their fellow man, after all.

      Wake up, people, and welcome to the real bloody world. It's dank and people ARE out to get you. Corporations are not kind-hearted and selfless - you are but a number to them, and the only thing they want from that number is complacence and currency. The Internet is a big bad place full of crap, cruft, and do-evil types who will try to get ten year old girls to meet them for sexual purposes, who will try to get your bank account and credit card numbers from which to syphon money, and who will generally make your life a living hell. Why? Because they CAN and because that's human nature. Some people may be generally good, but a good bloody lot of them are BAD, and until people wake up to that fact we're going to see a lot more class-action suits designed to protect the willfully ignorant.

      A note to every single person who's ever been taken advantage of, scammed out of money or personal information over the Internet because they didn't follow the same common-sense principles of keeping your personal information PRIVATE that people have been instituting in the "real world" for decades now;

      GOOD ON YOU! I hope it HURT and I hope you HAVEN'T learned your lesson so that you KEEP getting screwed until it REALLY sinks in! I also hope that eventually you'll wake the hell up and realize that you NEED trained computer / network technicians because you don't understand the risks involved with the Internet and computer in general, or understand how to install, upgrade, or maintain one computer or a network full of computers.

      You're like the people who have relatives who've died of lung cancer and mourned and greived your "loss" but decided to start smoking anyways, and perhaps held the tobacco companies at fault for your blatant stupidity. Or the people who've known people with, or who have died from AIDS or Syphyllis or any of the other hundreds of STDs out there today but who've decided that condoms are a waste of your time. Like the people who've thought they could fix their car in their driveway but have wound up paying a mechanic $2000 because you've so royally screwed your car beyond recognition - and I love it. The stupid deserve to be screwed over, not coddled. Coddling and protecting people is what CAUSES such rampant stupidity in the first place; people don't HAVE to think, because people around them will do it for them anyways.

      That is all.

      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

    72. Re:Good idea by Mogster · · Score: 1

      And sadly this happens more often than one would think.
      I live in New Zealand where we have different laws covering this sort of thing. In fact I'm not even sure this kind of advertising is illegal here. False advertising is, but whether it covers this medium I can't say.
      However whether or it is illegal the issue is Joe and Mary Public's knowledge of how the Internet works.
      Banner and popup advertising, whilst annoying is ok with me, people do need to make a buck. However I have a fair idea of what is legit and what isn't. Perhaps more resources need to be spent educating those who are not so fortunate as to have our experience and knowledge of these issues. If everyone stops clicking on them how long will they survive?

      --
      ACK NAK RST
    73. Re:Good idea by taernim · · Score: 1

      Do you really think you're being fair here? Yes, a lot of college students are getting fairly savvy on the Internet and what tricks many companies will pull, in order to have you click on their banners. But that doesn't mean everyone is going to understand it. It's not really fair to classify everyone as a "moron" who falls for this. And yeah, people should read EULAs, but our rights are there to protect us somewhat. And the girl was most likely just reporting it because she didn't want to NOT do something and get in trouble for "ignoring a message." Just because people are not as educated on something as you, does not make them a moron.

      --
      "PC Load Letter? What the $@#% does that mean?!"
    74. Re:Good idea by Anonymous Coward · · Score: 0

      But really, let's admit to it, the creativeness required to think up faking an error screen to get users to click on it (think reaction vs. action) is genius.

      No, not really.

      Back in the day, I wrote a boot program for the Apple II that displayed the 'no bootable sector' style error message, and asked you to insert a bootable disk. Of course, when you did that, the program then re-initialised the disk with itself... i.e: an applesoft BASIC 'virus'.

      Later in life, I wrote a LOGIN replacement for Novell that stores usernames and passwords typed into it, and shells out to the real login.

      Presenting users with expected output in order to generate a particular response is as old as the hills - there is nothing creative about it.

    75. Re:Good idea by pod · · Score: 1
      I'd like to see how many Linux users accidentally clicked on these. Is the number less than or equal to zero?

      I'm sorry... LESS than zero?

      --
      "Hot lesbian witches! It's fucking genius!"
    76. Re:Good idea by MntlChaos · · Score: 1

      nah, you won't get anything after bankruptcy claims. only the lawyers will win. End story- bonzi stops paying for ad space, small web sites close, court waste money, court wastes time, jury awards rediculous sum out of anger, lawyers get rich and get TV time. It's like this every time, isn't it?

    77. Re:Good idea by Blkdeath · · Score: 2
      Just because people are not as educated on something as you, does not make them a moron.
      I'm sorry, but what education does a person require to understand that they should not undertake complicated operations they don't understand? I understand that I can't replace my car's transmission - so guess what? I won't try!

      When people do stupid things on their computers that they don't understand that break things, it's not Bonzi's fault, or IBM or Dell or Gateway or Compaq (HP), or DoubleClick or eBay's or anybody else - it's their own. If they want to know more about their computer, there are hundreds of available computer beginner's courses out there at accredited institutions they can take, some free (public education / public works, libraries, etc.) and some for a cost, whether nominal or grievous.

      Long and short of it - people who make uninformed decisions and get burned by the results deserve what they get. QED.

      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

    78. Re:Good idea by coryboehne · · Score: 2

      The Orkin comercial with the super realistic roach was good enough that yeah, it was genius, and no I do not think that playing on someone's stupidity or fear should really be illegal... Advertisers already do it all the time, it's just that this one did it much better, and perhaps crossed an invisible line.

    79. Re:Good idea by Anonymous Coward · · Score: 0

      But using it for advertising *IS* creative.

    80. Re:Good idea by sulli · · Score: 2

      Or you could just buy a Mac.

      --

      sulli
      RTFJ.
    81. Re:Good idea by Anonymous Coward · · Score: 0

      I mean if you're in a restaruant and you are going to pay $100+ for the meal and someone's baby is crying, or they are talking to loud, or even better their baby is screaming because they're talking into a cell phone instead of paying attention to their kid and at that they are talking into the phone at an unreasonable volume level. Now, should this be illegal? The short answer is Yes. Personally, I am all in favor of some kind of noise pollution laws, dogs barking and babies crying all piss me off to no end, they should be illegal or they should just flat out be killed. That is correct, I am advocating the murder of all babies and puppies. I am serious. Anybody with me?

    82. Re:Good idea by FyRE666 · · Score: 2

      I went out and bought $3000 worth of networking hardware to create a DMZ with border gateways and traffic shapers. Every single packet has to be personally approved by me to get out of my house. Ain't no hacker gonna hack my computer!

      Yeah, I noticed you'd added that stuff while I was looking around your hard-drive the other night. Is it any good? ;-)

    83. Re:Good idea by coaxial · · Score: 2

      What's sad is the FTC should have stepped in here. That's what Americans are paying taxes for, and they simply don't do anything.

      You're right. The FTC should have done something. This is exactly why we have a regulated capitalist markets. But the FTC has been losing funds for enforcement for years, and now since we've got a Republican adminstration you can kiss any enforcement good-bye.

      This lawsuit will only benefit a few already wealthy lawyers.

      I don't follow. If the FTC isn't doing their job, should no one step up and do it? You agree Bonzai is breaking the law (or at least comes close enough to warrant a court ruling), but you don't actually want them to be punished? It boggles the mind.

      Sure lawyers get paid alot, but they help enforce the law. They help define the limits of the law. They help to overturn bad laws. Lawyers are an intregel part of the justice system. Lawyers stepup when the government won't, or can't.

    84. Re:Good idea by Anonymous Coward · · Score: 0

      No it's not!

      If you think that's creative, then you probably think taking an existing idea and sticking "over the internet" on the end of it constitutes a patent-worthy idea.

    85. Re:Good idea by Afrosheen · · Score: 2

      Yeah, less than zero, like negative one or negative two. I.e. it's inconceivable that even one person would fall for it. It was an attempt at humor and evidently it escaped you. Put the t-square down and go get some fresh air. :)

    86. Re:Good idea by Anonymous Coward · · Score: 0

      This is already very common in Tampa Florida. You can see seveal car dealerships using those orange digital construction sign boards for advertising on the side of the road. The dealers probably rent/lease them from a place down here called bob's baracades. they probably dont give a shit what you do with the sign, as long as u pay the rent/lease, and it comes back to them in the same condition as it left.

    87. Re:Good idea by Mr_Dyqik · · Score: 2

      Ok, so maybe the particular ads here aren't especially clever, but there are some good ones out there.

    88. Re:Good idea by Anonymous Coward · · Score: 0

      Well, as of now your 'attempt' at humour has been moderated to Troll. Maybe YOU should get out and get some fresh air? :)

    89. Re:Good idea by bgeiger · · Score: 1

      You forgot one thing: KaZaA's box would have to perform the same action, no matter where you clicked in the dialog box, and even if you specifically attempted to close the box.

      *That's* how people get suckered in.

      --
      o/~ All God's children shall be free in Pirates of the Caribbean, when we reach that Magic Kingdom in the sky... o/~
    90. Re:Good idea by bgeiger · · Score: 1

      Here in the Orlando area, there are a couple of car dealerships that do just that.

      They use standard road notice signs (sorta like this). Since the signs are somewhat dim, we have to focus hard (taking our eyes off of the road), and instead of being told of a road closure or construction, we're told we can "SAVE $$$$$$$$ ON NEW CARS!"

      OK, maybe this is comparing apples to Apple Jacks. But it's still deceptive, IMNSHO.

      --
      o/~ All God's children shall be free in Pirates of the Caribbean, when we reach that Magic Kingdom in the sky... o/~
    91. Re:Good idea by jericho4.0 · · Score: 2

      My roomate has a mac. Last week he clicked on a Bonzi banner, again. Mac's attract those types :-)

      --
      "A language that doesn't affect the way you think about programming, is not worth knowing" - Alan Perlis
  4. Too many moms in the world by Anonymous Coward · · Score: 4, Funny

    That's the problem is so many people think it's a great thing, and so they install it only to wonder why they're system's messed up later on.

    I vote we just declare open season on these guys.

    *looks around for LART*

    1. Re:Too many moms in the world by thomas.galvin · · Score: 3, Insightful

      This is too true.

      My brother is reasonably clued-in about computers, but the last time I sat down at his box, he had a stack of pop-up waiting for his attention, a host of Windows Messenger ads waiting to be shut down, Bonzai Buddy or Gator or something crawling around his screen...I almost felt physically ill.

      I like computers. They have this kind of elegance to them; they do what I tell them to, they make my life easier. But most people don't get to enjoy this experience. Most people have a little trouble understanding computers to begin with, and now folks lite Bonzai are making the experience even worse. These spyware/crapware/adware/etc are at least distracting people from whatever they are on the computer for, and at worst invading their privacy.

      And possibly the worst thing is, people are being trained to except this as normal. The first time I saw something pop up on my machine, I figured out what was causing it, reformatted my hard drive, and made sure to never re-install the offending software. AdAware can't beat a good old fashioned OS Reinstall. But my brother didn't seem to think there was anything unusual about all of this garbage on his machine. TV has ads, after all, why wouldn't his computer?

      You're right. Open season.

      looks around for an Analog Reprogramming Tool*

      *Hammer

  5. Christ by Anonymous Coward · · Score: 0

    I've never actually gotten one of those advertisements before; but I can see why they'd want to sue the living hell out of these people.

    I can just imagine grandma, or someone not so adept at using computers thing this stuff is real; that's uh.. bad?. Yeah.

    That, and I'm happy anytime a Spammer gets sued.

    Waahooo!

    1. Re:Christ by Technician · · Score: 2

      Actualy, I had a 10 year old visitor checking his e-mail try to close the "dialog box". The young really fall for this one as they are just used to closing all pop-up dialog boxes in windows without reading them just to keep windows running a little longer before it crashes. I got to inform him of his mistake on my machine.

      --
      The truth shall set you free!
    2. Re:Christ by shird · · Score: 2

      yep, and theyre taking advantage of this too. They are making banners that look like popup windows hosting images which look like fake windows error messages. whew. People see the fake error message, and assume its in a 'genuine' popup window, so they try close the 'outer' window, which is in fact a clickable image... bah. I hope they all burn for that crap.

      --
      I.O.U One Sig.
  6. GOOD by Anonymous Coward · · Score: 0

    I'm tired of hearing from people, "It said my computer was broadcasting!"

    Stupid is as stupid does.

    1. Re:GOOD by Ponty · · Score: 1

      There's a difference between stupid and uninformed. One of the real dangers we face is falling into believing that if other people don't know the things we do that they are stupid.

    2. Re:GOOD by Anonymous Coward · · Score: 0

      Your stoopid!

  7. Misleading? by DoctorPhish · · Score: 5, Insightful

    You mean, an ad that's shaped exactly like the widget set for the most widely installed OS in the world is misleading, just because it makes people think they're clicking on a native os dialog? THAT'S CRAZY!
    Seriously though, this is exactly what suing is for...making companies pay when they cross the line. Now if we can just get those misleading domain renewal notice companies strung up...

    1. Re:Misleading? by MrLint · · Score: 2, Insightful

      Ive seen those ads.. and this is what i wondered abot the product they are selling, how exactly do they expect to allow people to connect to the internet *without* 'broadcasting' the IP address? I mean this doenst even make freaking sense. how do you send out packets with no source ip and expect to get web pages back? I find that ad totally misleading.

    2. Re:Misleading? by foo12 · · Score: 5, Insightful

      I always love it when those ads pop-up on my Mac... you know, it wouldn't be terribly hard to sniff server-side for OS and deliver a customized version....

      Ah shit, I've said too much.

    3. Re:Misleading? by 91degrees · · Score: 2, Funny

      Not much use if they are a Windows software company though.

    4. Re:Misleading? by raynet · · Score: 3, Funny

      Hope you filed a patent for your idea :)

      --
      - Raynet --> .
    5. Re:Misleading? by RoloDMonkey · · Score: 2, Funny

      I actually watched a classmate get tricked by one of these fake Windows messages. The sad thing is, she was on a Mac.

      --
      Long live the Speaker Bracelet
      Rolo D. Monkey
    6. Re:Misleading? by CTho9305 · · Score: 1

      I think a lot of them are spyware firewalls - the implication is that initally you were broadcasting and unprotected, but with their spyware firewall, you are protected from the evil hackers.

      And you don't broadcast your IP - it is "sent" only to the routers on the path, and the server on the end.

    7. Re:Misleading? by willpost · · Score: 2

      "an ad that's shaped exactly like the widget set for the most widely installed OS in the world is misleading"

      Advertisements steal people's attention. What's to stop billboards from looking like road signs and re-directing highway traffic to stores?

    8. Re:Misleading? by thunderbird46 · · Score: 2

      Out of curiosity, I intentionally clicked through a Windows XP-ish ad I saw on ArsTechnica, for one of those supposed optimizer things. The site it went to checked for OS and browser user agent. But their OS detect only had 7 possibilities: Win XP, Win 2k, Win 98, Win ME, Win 95, Win NT, and if none of those, then it was "Windows." Of course I was using Chimera on my iBook, so it looked really weird to see "OS: Windows / Browser: Netscape version 0.6" at the top of that page.

    9. Re:Misleading? by JohnsonWax · · Score: 2

      Well, blame it on MS for winning the look-and-feel suit against Apple. Had they lost, then we could just point MS at them.

  8. Amen by Anonymous Coward · · Score: 4, Interesting

    It's hard enough to get my mom to use Yahoo. These windows error like popups make it even harder.

    Why hasn't Microsoft gone after them for using the likeness of Windows(TM)?

    1. Re:Amen by LRNG_LNX · · Score: 1

      No . . . not Micro$oft . . . they aren't like that.

      --
      If you don't like this . . . MOD someone else up.
    2. Re:Amen by camusflage · · Score: 2

      Why hasn't Microsoft gone after them for using the likeness of Windows(TM)?

      Because then Apple would sue Microsoft because it looks like Macs? Because Xerox' PARC would then sue Apple? Because SRI would then sue Xerox' PARC?

      --
      The truth about Scientology, Xenu, and you: Operation Clambake
    3. Re:Amen by alfredw · · Score: 2

      Why hasn't Microsoft gone after them for using the likeness of Windows(TM)?

      Simple. People spend money on these "speed booster" programs, just like they do on system optimizers and security utilities. Your average dumb Windows user probably dumps a lot of cash into stuff like this. The more money the user spends, the less likely he is to back out of his investment in Windows and go to a different technology like OS X or Linux. He's locked in - or his money is wasted.

      --
      In Soviet Russia, sig types you!
    4. Re:Amen by Anonymous Coward · · Score: 1, Funny
      "Why hasn't Microsoft gone after them for using the likeness of Windows(TM)?"
      The error messages in the ads are too clear to be confused with actual Windows messages...
    5. Re:Amen by jred · · Score: 2

      Plus, most of that crap has the uncanny ability to slow your PC down, and make the OS unstable. MS likes it when your OS is unstable, because you are much more likely to buy the newest Windows that comes out, just to make your PC act right again.

      I'm sure someone better than I could say that more eloquently, but you get the idea.

      --

      jred
      I'm not a mechanic but I play one in my garage...
    6. Re:Amen by Anonymous Coward · · Score: 0

      Apple did this about sites using aqua like themes and the bitching here on slashdot was rgeat. ah, double standards...

    7. Re:Amen by Sayjack · · Score: 1

      Hrmmm...turn javascript off folks. It's the work of the devil. Occasionally a site won't work right, but overall you'll probably have a better internet experience.

      It'd be nice to be able to define what Javascript is allowed to do within your browser. IE: Post data but not open a new screen...

      --

      -- Good judgement comes with experience. -- Experience comes with bad judgement.

    8. Re:Amen by Anonymous Coward · · Score: 0

      This is very true... Do we really want Microsoft complaining about every single thing that looks remotely like Windows or a Microsoft-like interface? I think you would find a lot of open-source/GPL software attacked rather quickly...

  9. hijacked? by LRNG_LNX · · Score: 2, Interesting

    ' . . . to unexpectedly find both computer and computer user thus hijacked to defendants' commercial website. '

    I find the use of the word 'hijacked' interesting. Is this in the legal filing? How does one make a case based on that word. Sad that court cases often come down to semantics when most people today aren't that grammatically correct. And, yes, that does incluse myself.

    --
    If you don't like this . . . MOD someone else up.
    1. Re:hijacked? by Anonymous Coward · · Score: 0

      In the sense that when a plane gets hijacked, the passengers find themselves being taken to another destination than the intended.

    2. Re:hijacked? by Vengie · · Score: 5, Informative

      plz see definition #2 below...
      www.m-w.com
      Main Entry: hijack
      Pronunciation: 'hI-"jak
      Function: transitive verb
      Etymology: origin unknown
      Date: 1923
      1 a : to steal by stopping a vehicle on the
      highway b : to commandeer (a flying airplane)
      especially by coercing the pilot at gunpoint
      c : to stop and steal from (a vehicle in
      transit) d : KIDNAP
      2 a : to steal or rob as if by hijacking b : to
      subject to extortion or swindling
      - hijack noun
      - hijacker noun
      So yeah...if you wanna get technical, it IS "to subject to extortion or swindling"....and thus hijacking.

      --
      When in doubt, parenthesize. At the very least it will let some poor schmuck bounce on the % key in vi. (Larry Wall)
    3. Re:hijacked? by orcus · · Score: 1

      So,
      To take this a step further:

      Bonzi = Hijacker
      Hijacker = Terrorist
      Bonzi = Terrorist

      --
      First they burn books, then they burn people.
    4. Re:hijacked? by Anonymous Coward · · Score: 0

      OK, Bonzi is history *forwards your comment to Congress*

  10. Bonzi Buddy? by Chembryl · · Score: 2, Interesting
    Are these the guys responsible for this annoying piece of spyware? Does the class action involve this as well?

    If so, I hope they throw the book at them.

    --
    - This and all my posts are public domain. I am a Physicist. I am not your Physicist. This is not Physically advice
    1. Re:Bonzi Buddy? by LostCluster · · Score: 2

      This class action doesn't specifcally say that the Bonzi Buddy should be banned, but it says that the means being used to distribute the whole Bonzi line of software involves deceptive ad techniques which are illegal.

      If "Joe User" thinks that pop-up window is really a Windows system alert, down the hill they go...

  11. Hotmail by sa3 · · Score: 0

    Hotmail/MSN uses similar ads - some with flashing colours and moving windows images. Maybe they should sue MSN too :)

  12. About time by NexusTw1n · · Score: 5, Interesting

    I've long been tempted to ask the UK Advertising Standards Agency (ASA) to investigate those banners.

    I've lost count of the number of support calls both at work and from friends at home relating to them.

    They are designed to be confused with genuine windows messages, rather than adverts, they are designed to install fear and confusion into the standard user, basically they are deliberately misleading and scaremongering adverts, which are illegal in the UK.

    I hope Bonzi are bankrupted over this case.

    --
    It has become appallingly obvious that our technology has exceeded our humanity. --Albert Einstein
    1. Re:About time by John_Renne · · Score: 1

      I don't know for sure if the ASA would have any success. Bonzi Inc. is based in the United States. I'm afraid a UK based organisation would be able to do anything about it.

      I agree with you on the fact the adverts are annoying, misleading etc. I'm just afraid they will return in a country not influenced by US jurisdiction

      --
      /(bb|[^b]{2})/
    2. Re:About time by Anonymous Coward · · Score: 0

      I wonder if those of us who have had our time wasted by calls from confused / upset friends can get in on the class action?

    3. Re:About time by NexusTw1n · · Score: 1

      It's the reason I haven't bothered contacting them. I really doubt they can touch Bonzi from the UK.

      The ASA (rightly IMO) can't prosecute publishers for the ads they run, just the company who own the advert. So I can't argue it's UK jurisdiction because I saw the ad on a .co.uk site for example.

      If they relocated to Korea or whereever, then they may (IANAL etc) still fall under US jurisdiction if the ad is then passed to a server like doubleclick.

      Of course that's just a guess, hopefully a bankruptcy generating law suit may send the message out to others not to try it from any country. Who knows though ?

      --
      It has become appallingly obvious that our technology has exceeded our humanity. --Albert Einstein
    4. Re:About time by Bartmoss · · Score: 2

      I second your hopes here.

      I added an entry to my weblog about them. Got 351 hits on that entry, and I am just a lowly unknown person. There was a lot of demand for info from ignorant and scared users. Interestingly, almost all of these hits were during a relatively short period of time, so I guess that the ad campaign mostly stopped (or there may be better-ranked sites explaining the problem).

  13. Gotta love the BonziBuddy by codexus · · Score: 5, Funny

    He's so cute, he can speak and sing songs while you're trying to code, and help you in your internet searches by reporting everything you do.

    Who needs friends when you can have a BonziBuddy?

    --
    True warriors use the Klingon Google
    1. Re:Gotta love the BonziBuddy by Surak · · Score: 2

      My aunt actually installed this insidious piece of spyware because she thought it was 'cute'. After the damn thing took over her whole damn computer ala Internet Exploiter (I'm not even kidding), she was like "can you get rid of this thing?"

      So I gave her a Mandrake CD. :-P

    2. Re:Gotta love the BonziBuddy by Anonymous Coward · · Score: 0

      A man...what? You are incesting your aunt when she needs you help, yeah real helpful!

    3. Re:Gotta love the BonziBuddy by NeuroManson · · Score: 3, Funny

      He almost makes "Clippy" seem like a "good" thing.

      --
      Just because you can mod me down, doesn't mean you're right. Shoes for industry!
    4. Re:Gotta love the BonziBuddy by Agent_Basilisk · · Score: 1

      Bonzi buddy is so funny especially after looking in the Photoshop Phridays of http://www.somethingawful.com.

    5. Re:Gotta love the BonziBuddy by LostCluster · · Score: 2

      Bonzi Buddy is actually a close friend of Clippy. The "Office Assistants" got spun off into an ActiveX object called "Microsoft Agent". Bonzi provided the drawings for the animated character, and controls what he does, but the actual display engine licensed from Microsoft.

      There are legit uses for the Microsoft Agent. Or at least I've heard, I haven't seen any for myself.

    6. Re:Gotta love the BonziBuddy by evilviper · · Score: 2

      Yeah, and now because of these evil lawyers, we may never get to see a Unix version of the BonziBuddy!

      DAMN THEM ALL TO HELL!!!

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    7. Re:Gotta love the BonziBuddy by Anonymous Coward · · Score: 0

      LOLOLOL LOFUCKINGL!!!!!!!! THAT'S THE FUNNIEST FUCKING THING I HAVE EVER READ ON /. OR ANYWHERE ELSE!!!!!!!!! JESUS CHRIST YOU SIR ARE A GENIUS AND MY HAT IS OFF TO YOU AND YOUR CLEVER WIT!!!

      I NEED TO TAKE A POOP NOW: *plop* poop *plop* poop *plop* poop *plop* poop *plop* poop *plop* poop *plop* poop *plop* poop *plop* poop *plop* poop *plop* poop *plop* poop *plop* poop *plop* poop *plop* poop *plop* poop *plop* poop *plop* poop

      NOW GO TAKE A PIPE AND PUT TOBACCO IN THE PIPE AND LIGHT THE TOBACCO AND SMOKE THE TOBACCO AND GET CANCER AND THEN EAT THE PIPE AND DIE.

      KTHX

    8. Re:Gotta love the BonziBuddy by Anonymous Coward · · Score: 0

      There are legit uses for the Microsoft Agent. Or at least I've heard, I haven't seen any for myself.

      About the only use for it that I've seen is joking that if the client isn't good, we're going to add Clippy to the app we're building them. :)

  14. IANAL, but.... by GreyWolf3000 · · Score: 3, Informative

    Since class-action suits were used to push de-facto legislation in the sixties, it became precedent to require that all class-action cases require signatures from ALL constituents that will be affected. This might just be here in Texas (I know there was trouble with school busing issues), but if it is at the national level, then signatures from all users who have been deceived would be required.

    --
    Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    1. Re:IANAL, but.... by rant-mode-on · · Score: 2
      • require signatures from ALL constituents that will be affected

      Just yesterday (in NJ) I received a whopping $35 from a class action suit that I never signed anything for.
    2. Re:IANAL, but.... by MegaFur · · Score: 1

      No, not everyone has to sign. IANAL either, but I was a member of a class action lawsuit against iomega because I'd bought one of their zip drives (and registered it) within a certain time frame (measured in years). The first thing I heard about it was when I got a letter in the mail telling me I was a member.

      Probably it's like a certain number of people have to sign before it can legitimately be called a class or something. If that's the case, I don't think the lawyers will have any trouble finding a couple hundred (or even thousand) people to sign.
      Heck, I don't even have to get any money out of it. I'll sign anyway, 'cause killing off this stupid, dickhead company will help make the world a better place. :-)

      NOTE to Bonzi employees: Now might be a good time to polish up the resume and start looking.

      --
      Furry cows moo and decompress.
  15. Thank God.. by xchino · · Score: 4, Interesting

    I don't know how many time I've had to deal with a customer calling up demanding to know why we are broacasitng their IP address to hackers. Not to mention stupid employees installing bonzi buddy all over their companies servers.. guess who gets to clean that cerap up? The tech, thankfully, not me..

    --
    Everyone is entitled to their own opinion. It's just that yours is stupid.
  16. Where do I sign up? by brandonY · · Score: 1

    I've seen those advertisements. According to their complain, apparently I'm entitled to $505. Do I have to sign up to qualify for money if they win? Can some lawyer enlighten us as to the nature of this class action stuff?

  17. I agree with everyone else who said... by 26199 · · Score: 2, Insightful

    Good.

    Hopefully they'll win, be awarded huge damages, and then we'll see noticably fewer adverts preying on the less computer-knowledgable...

    I'm pretty sure bonzi can't be the only culprits, unless they're responsible for far more ads than this site bothers to mention...

  18. Best PopUp I've seen by Anacrusis · · Score: 5, Funny

    It said I was broadcasting the IP address 243.65.42.656

    It's almost as though they think we're retarded...

    1. Re:Best PopUp I've seen by Adam.Steinbaugh · · Score: 1

      What's a "retarded"?

      --
      "Mother, should I run for President? Mother, should I trust the government?"
    2. Re:Best PopUp I've seen by Anonymous Coward · · Score: 1, Funny

      Those are secret IP addresses used by the NSA to
      spy on peoples.

    3. Re:Best PopUp I've seen by Anonymous Coward · · Score: 0

      You are mentally challenged. Therefore, you are "retarded".

      But I'll just call you 'tard, for short...

    4. Re:Best PopUp I've seen by Anonymous Coward · · Score: 1, Funny

      You mean you're not retarded? Then what are you doing on slashdot?

    5. Re:Best PopUp I've seen by Anonymous Coward · · Score: 0

      It took me a second glance to notice the joke in this...

      So for anyone else who doesn't get it right away, look very closely at the fourth octet...

    6. Re:Best PopUp I've seen by Anonymous Coward · · Score: 0

      I still don't get it.

      Help.

    7. Re:Best PopUp I've seen by morgus+morphus · · Score: 3, Funny

      that seems pretty clever to me... it instantly filters out all those who wouldn't fall for whatever scam they're peddling anyway, saving them the bandwidth ;)

    8. Re:Best PopUp I've seen by Anonymous Coward · · Score: 0

      The range for each octet is 0-255. It *can't* be 656.

    9. Re:Best PopUp I've seen by Jugalator · · Score: 2, Insightful

      lol, I guess I'm thinking too hard.

      Didn't see what was so funny with that post and had to check out if it was a class D address in the multicast address space (looked suspicious), but it was actually a class E (first octet 240 to 248) which are all reserved for future/experimental use. So I thought "all right then... funny haha", but didn't think it was *that* funny.

      --
      Beware: In C++, your friends can see your privates!
    10. Re:Best PopUp I've seen by Zastai · · Score: 1

      Actually, I think the joke is that the last octet is 656, not that it's a class E address (though that just compounds the idiocy of the popup).

      --
      When all other methods of communication fail, try words.
    11. Re:Best PopUp I've seen by alistair · · Score: 3, Interesting
      In a similar vein, from slip-ups.com
      In the movie "The Net" staring Sandra Bullock, the IP address of "23.75.345.200" is shown various times in the movie. Of course, it is impossible because "345" exceeds an 8-bit value (max=255). They should have used a 192.0.2.x address instead

      I wonder if dotted quads > 255 are going to be the holywood equivelent of the annoying 555 area codes in US telephone numbers (interstingly, here in the UK Film and TV companies can get fake but genuine looking telephone numbers from OFTEL for showing on screen, so we don't have the same problem).
    12. Re:Best PopUp I've seen by darkov · · Score: 2

      Actually I though he was trying to be funny, but the last bit of his post makes me think not, or at least spoils the joke.

    13. Re:Best PopUp I've seen by Old+Wolf · · Score: 2

      That wasn't a slip-up, it was an in-joke (in my opinion anyway). I noticed it the first time I saw the movie :)

    14. Re:Best PopUp I've seen by lunenburg · · Score: 1

      In a similar vein, from slip-ups.com...

      slip-ups.com appears to be a site about comedy in Boston, or somesuch. Is that the site you're meaning to reference?

    15. Re:Best PopUp I've seen by theperplepigg · · Score: 1

      ahhh...nerd humor. gotta love it. --paul

      --
      -- Every time you kill a kitten, God masturbates.
    16. Re:Best PopUp I've seen by ActiveSX · · Score: 2

      I think he meant this.

    17. Re:Best PopUp I've seen by Anonymous Coward · · Score: 0

      you have the time to make a faggoty-ass technique of hiding your email address from spammers, but you're too fucking stupid to read the sentence, and look up the word?

      and they mod you up.

    18. Re:Best PopUp I've seen by yatest5 · · Score: 1
      That wasn't a slip-up, it was an in-joke (in my opinion anyway). I noticed it the first time I saw the movie :)

      Could it not be that they though sad-acts may bombard any 'real' IP they used so they used a fake one... rather like on a tv program I watched recently, the actress carefully typed 1.2.3.4.5.6.7.8.9 into her phone to make a call...

      --
      • Mod parent up! [a] by Anonymous Coward (Score:5) Thurs, June 31, @13:37
    19. Re:Best PopUp I've seen by operagost · · Score: 2

      192.0.2.s would still be a bad idea. That's in the publicly addressable space. 192.168.x.x is reserved.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    20. Re:Best PopUp I've seen by LostCluster · · Score: 3, Funny

      May 867-5309 enjoy a safe and happy retirement in all area codes.

    21. Re:Best PopUp I've seen by alistair · · Score: 2

      Well spotted, I apologise, the actual URL is

      http://www.slipups.com/items/2513.html

      I just remember seeing it in "The Net" and pointing it out to my wife, who promptly replied with a response which means that I am still entitled to read "News for Nerds" sites...

    22. Re:Best PopUp I've seen by epsalon · · Score: 2

      In AntiTrust, they used 10.x.x.x addresses for "sattelites". I found it cute they were so clued in...

    23. Re:Best PopUp I've seen by MattBurke · · Score: 1

      Rockstar Games got it right with the in-game radio adverts in Grand Theft Auto 3 and Vice City... they mention websites and phone numbers, which they actually own and run (the phone numbers apparently play recorded voice messages for the fake adverts in keeping with the game)

      for instance: www.petsovernight.com "Delivering little bundles of love, in a box, directly to your door."

    24. Re:Best PopUp I've seen by Anonymous Coward · · Score: 0

      Oh the irony, the front page of this site has a stupid "Your Computer May Be Infected Banner"

    25. Re:Best PopUp I've seen by Old+Wolf · · Score: 1

      Everyone recognizes what a phone is... but the general public wouldn't recognize a split-second glimpse of a dotted-quad IP address; and those who do recognize the IP address are also likely to recognize what is a valid address and what isn't. Similarly, whoever designed that screen for the film is likely to have known what is a valid IP address and what isn't, if they knew enough to put an address in there.

      On a different note, I guess your TV program because all the 555- phone numbers have been used up ;) Maybe the movie phone system needs to move to PhoneV6

    26. Re:Best PopUp I've seen by floppy+ears · · Score: 2

      A friend of mine did all of the computer work on The Net. Every screen was crafted by hand. The use of "345" was fully intentional.

      My buddy also got to hang out with Sandra Bullock to show her where to click and stuff. A great job.

      --

      "If I could live to be several hundred
      I could take a walk and really wander, really wonder."
    27. Re:Best PopUp I've seen by Anonymous Coward · · Score: 0

      And the joke is...?

  19. New opportunity for spammers!!! by Anonymous Coward · · Score: 0

    Spammers have bacome more and more annoying and "clever", using for example Windows messenger and referrer-flooding.

    I thought of another way for spammers to spew their crap: Slashdot. Hey, if Slashdot doesn't delete ascii-goatse-pictures why would they delete "Increase your penis size NOW!"-posts? Sure, the messages would be stuck at -1, but so what. Some cretin will always click the links...

  20. From "Class Membership / Relief Sought" by Galvatron · · Score: 3, Insightful
    Who is a member of the class, and what are they suing for? According to the website:

    The class action Complaint was brought on behalf of all persons residing in the United States who have... encountered an advertising banner [from Bonzi].

    The Complaint asks [for] punitive damages against Bonzi in the amount of $500 per class member, as well as compensatory damages in the amount of $5.00 per deceptive advertising banner issued by Bonzi.

    Well, I gotta say, lots of luck. $500 for every Internet user in America, plus $5 for every ad impression? Certainly it'd teach these jerks a lesson, but it doesn't really seem very likely. That'd be something like $100 billion. The tobacco companies, one of the biggest lawsuits ever, only paid three times that amount, and that was spread among several companies. No way a judge is awarding this.

    --
    "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
    1. Re:From "Class Membership / Relief Sought" by TekReggard · · Score: 1

      True, I doubt that ammount will be awarded. Assuming Bonzi loses, they will probably be slapped with a fine or fee that is large enough to convince their company that such practices are not ok. Depending on their companies wealth and revenue, that could be hundreds of thousands, millions, even tens or hundreds of millions of dollars. I dont think it will ever be close to a billion dollars... unless this company is making several million dollars in revenue every day, like McDonalds.

    2. Re:From "Class Membership / Relief Sought" by LostCluster · · Score: 2

      A judge very well could award more money than the company has. If that happens, the company would surely file for bankruptcy because it has no hope of being able to pay. We as Internet users would likely never see our lawsuit winnings, but by forcing the company into Chapter 7 these lawyers will have given the company a death penality.

    3. Re:From "Class Membership / Relief Sought" by Anonymous Coward · · Score: 0

      If it was paid out per clicks per person my father would get 10% of the settlement. He clicks them all thinking they are "offical" messages.

    4. Re:From "Class Membership / Relief Sought" by Anonymous Coward · · Score: 0

      500 bucks for running into them and 5 for every ad?

      I'll expect my check for $10,000 in the mail by Friday.

    5. Re:From "Class Membership / Relief Sought" by Nakarti · · Score: 1

      From what I recall, the judge is unlikely to award more than 10% of the claim, and the lawyers will probably get 10-25% of what is awarded. As for the $5 per banner issued. That's not per impression nor per user; anyone with a decent grasp of English should know that it is for every banner provided by Bonzi, wether seen or not, and regardless of how often it was seen. Otherwise people might go out looking to be 'impressed' just to raise the charge, making it a frivolous and untrackable lawsuit.
      OTOH there is a chance that almost every American citizen has seen these ads(to the sum of about $100-130+ billion, as stated elsewhere.) which could get the same hit.

  21. Woot! by mark_space2001 · · Score: 2
    The Complaint asks the Spokane County Superior Court to award punitive damages against Bonzi in the amount of $500 per class member, as well as compensatory damages in the amount of $5.00 per deceptive advertising banner issued by Bonzi. The Complaint also seeks an order enjoining Bonzi from issuing similar Internet advertising banners in the future.

    I know the lawyers will get 90% of these damages, but wooohoooo, I hope it puts Bonzia out of business.

    Anyone know Bonzia's IP address? I'm going to log it in my firewall, then join the lawsuit, with my logs as proof that I was deceived by these scoundrels.

    1. Re:Woot! by hbackert · · Score: 5, Funny

      I'm going to log it in my firewall, then join the lawsuit, with my logs as proof that I was deceived by these scoundrels.

      You want to show them you logged them on your own firewall (probably self installed, running a hard-core version of Linux like Slackware or something similar non-intuitive), and then you fell for their stupid trick of Windows-lookalike silly error messages?

      Like this:

      Your honour, I tracked down their IP address using tools like nslookup and dig, entered it into my self-installed firewall running Linux using iptables, marking those packets and sending them to metalog (which if I may add, beats sysklogd hands down), so I have a proof that I fell for their ad. Here is my printout of my Gnome desktop (made with xwd and xwud and gimp just because I can). They deceived me! See!
    2. Re:Woot! by tincho_uy · · Score: 1

      You could always say you were using a Win95 theme :)

    3. Re:Woot! by Lachrymite · · Score: 1

      I think that's what will happen when people finally get their mothers to start using Linux en masse, except they'll be serious.

  22. Who wins? by tevita · · Score: 4, Insightful

    Is it just me, or does it seem that this is being done more as a source of income for the Lawyers, than an actual "lets remove the scurge" activity.

    The big winners from this exercise will be the lawyers, surely?? And what about people who have been bamboozled who do not live in the USofA?

    1. Re:Who wins? by ninjadoug · · Score: 1

      Obviously the laywers are doing this for the money. But the money will come from Bonzi so that's a good thing.

    2. Re:Who wins? by ninjadoug · · Score: 2, Interesting

      oh yes and if bonzi stop advertising on the internet then then we will have to help pay the website costs as the ad revenue dries up. It is us the internet users who are benifiting at the moment from these adverts. It's like taking money from the stupid to pay for the websites of the informed. 1) Site gets money from advertisers 2) someone clicks on link, buys rubbish software 3) company buys more advertising 4) more free sites

    3. Re:Who wins? by sg_oneill · · Score: 4, Insightful

      But it's dishonest suckerbucks. And to be honest, dude I think it's morally bankerupt (wow thats the second time I've used that phrase today!) to steal from the dumb to give to the smart.
      Frankly , I still yearn for the days of the grey website when you could actually find what you where lookin for without having some stupid popup say "Your IP number is 192.168.0.3! You can get haxored!"
      I say Bring the assholes down and lets get some integrity back in this industry.

      --
      Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
    4. Re:Who wins? by walt-sjc · · Score: 5, Insightful

      This is EXACTLY about lawyers getting rich. Our broken legal system drives this stuff. That said, I think it's Very clear that this is a case of deceptive advertising. However, a class action suit is not the answer. The FTC should be the agency that goes in and fines them a couple million bucks, and forbids them from doing that crap in the future.

      When you look at deceptive behavior on the net though, there are other bigger fish to fry. Interstitials for example. Isn't it deceptive when you click on a link for a news article and you get an ad instead? What about all the ads for something "free" and you find out that you need a subscription or the product is anything but free? How about endless pop-up hell (not a problem for me personally, I use Galeon)? What about all the SPAM advertising things that are obviously not true, or claiming that they are from someone else?

      IMHO, the FTC hasn't done nearly enough dealing with fraud on the internet. It's not that they don't know about it or anything...

    5. Re:Who wins? by macdaddy357 · · Score: 4, Insightful

      Bonzi can advertise without being deceptive. Tricking people with phony error messages is what this law suit is about. Deceptive advertising is illegal. Doing it online doesn't change that.

      --
      How ya like dat?
    6. Re:Who wins? by suman28 · · Score: 2

      May you live in a town called "Perfect" (taken from Walgreens ad?) where everything functions just the way it should. But the rest of us don't live anywhere near "perfect", so this is not how the world works for us. There are people with money that want more and they will advertise for it. If you are stupid enough to fall for it, then need I say more? The rest of us who are not so naive move on and get popup/ad blockers to rid ourselves of such annoyances. BTW, if you were the CEO of Bonzi, I am curiuos as to what you would do?

    7. Re:Who wins? by macdaddy357 · · Score: 5, Insightful

      The FTC will not do anything, because they have no teeth. I tried to sic them on an online pyramid scheme called nexgen 3000 that conned my great uncle, but since I did not lose money, my complaint meant nothing. With Republicans in Congress and the White House, the FTC will never be given teeth, as it could then bite their big business cronies. Lawsuits are the only recourse we have. If "tort reform" goes through, we will lose our only recourse.

      --
      How ya like dat?
    8. Re:Who wins? by ActiveSX · · Score: 0, Troll

      morally bankerupt (wow thats the second time I've used that phrase today!)

      If you're such a fan, how about learning how to spell it, eh?

    9. Re:Who wins? by Lt+Razak · · Score: 1

      Buckaroo should come back from the 9th Dimensions and sue for infringement of the copyright on his name.

    10. Re:Who wins? by Anonymous Coward · · Score: 0

      > However, a class action suit is not the answer.

      Why not? If somebody is "hurt" by a company's actions, then punitive damages are the only way to get the company to take notice.

    11. Re:Who wins? by sg_oneill · · Score: 2

      *shudder* Are people still doing spellingflame trolls. I thought that nonsense got old years ago..

      --
      Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
    12. Re:Who wins? by sg_oneill · · Score: 3, Informative

      Fortunately dude, those lawyers are going to sue them. So at least that part of the world *will* work that way if the law suit succeeeds. You see, just cause something happens , doesnt make it right. Fucking over the stupid is not right. Hey what about tricking downes syndrome people with "wallet inspector" routines. That might work, but it wouldnt make it right. We are the technological literates of the world. Most people aint. And thats who the lawsuite is representing.

      And as for your question of what if I was the CEO of bonzi? I guess I'd do the world a favor , settle the claim and liquidate the company.

      --
      Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
    13. Re:Who wins? by johnny_cobol · · Score: 1

      Who, if anyone, deserves this more than Bonzi? I say nail them to the wall. Don't even get me started on the "Bonzi Buddy" scam . . .

      I agree it's time to get rid of companies like this. They give all the wbe a bad name.

    14. Re:Who wins? by letxa2000 · · Score: 1
      With Republicans in Congress and the White House, the FTC will never be given teeth, as it could then bite their big business cronies.

      Yeah, like the FTC was so free and effective during the Clinton administration.

      Come on... I know some people can only have mental orgasms by beating up on Bush and Republicans but come on, it's getting old. Visit a pr0n site already and get yourself off there.

    15. Re:Who wins? by Anonymous Coward · · Score: 0

      Fukc off!

    16. Re:Who wins? by Jucius+Maximus · · Score: 4, Informative
      " Who, if anyone, deserves this more than Bonzi? I say nail them to the wall. Don't even get me started on the "Bonzi Buddy" scam . . ."

      "Bonzi Buddy" is a pile of steaming sh~t trojan horse program that brings up a fuzzzy purple gorilla on the screen. (It used to be a parrot in older versions.) It tells jokes, acts as an e-mail client, tries to sell you add-ons, profiles your browsing habits, etc.

      The scariest part is that some people actually like this trojan horse piece of garbage.

    17. Re:Who wins? by cscx · · Score: 3, Informative

      If you do like something that flies all over your screen, all it takes is installing the Microsoft Agent libraries and a few lines of VB Script (just look at the examples from their web page) and you can write your own spyware-free Bonzi Buddy.

    18. Re:Who wins? by jwilcox154 · · Score: 1

      Uh, shoudn't that be
      1) Site gets money from advertisers
      2) someone clicks on link, buys rubbish software 3) company buys more advertising
      4) ????
      5) Profit!!!!!

    19. Re:Who wins? by Anonymous Coward · · Score: 0
      Yeah, like the FTC was so free and effective during the Clinton administration.

      In fact, it was. The eight years of the Clinton administration saw more prosecution of antitrust laws, collecting fines from just international cartel prosecutions that were several times greater than all of those imposed during the first 100 years of the Sherman Act, and even enforcing fines and prison terms for individuals involved in breaking antitrust laws. Moreover, civil conduct investigations and challenges increased. Not to mention that several mergers were blocked where they would form monopolies.

      Come on... I know some people can only have mental orgasms by beating up on Bush and Republicans but come on, it's getting old.

      If that was a mental orgasm, I'm guessing you must be mentally frigid.

    20. Re:Who wins? by subcommandante · · Score: 1

      I agree that the legal system is broken and shouldn't be viewed as a lottery to reward greed and stupidity. I also agree that the FTC ought to take deceptive advertising delivered via the Internet just as seriously as any other type of deceptive advertising.

      However, I strongly doubt that the FTC will dedicate many resources to pursuing unethical businesses such as Bonzi that profit from the inexperience of the average internet user. Some serious changes will have to occur before the FTC acts more agressively.

      Part of the explanation for the FTC's inaction is certainly political. The Internet has been regarded as a commercial frontier and lawmakers have been reluctant to regulate and tax internet commerce partially for fear of stifling new industry and partially for fear of the political backlash from soft-money contributors.

      Other possible explanations for the FTC's failure to act against deceptive advertisers such as Bonzi include few precedents to justify such actions and, most simply, little funding to establish those precedents and enforce new regulations.

      If the Internet is going to succeed over the longterm as a marketplace, consumers will need to feel that they are protected from fraud and deception. A few companies have made a lot of headway towards achieving that goal, even though most of them may not be making much profit yet. The most unfortunate result of inaction would be that all the money and work these companies have devoted to building viable business models for the Internet could be undermined by the bad apples out there.

      It's a sad reality in this country that sometimes the only way to get action on important issues is to drag people and companies into court. Hopefully, the cases get discussed publicly and corporations, citizens and politicians realize the need to act to establish a better set of rules to avoid costly and avoidable litigation.

    21. Re:Who wins? by Anonymous Coward · · Score: 0

      Well come on.. You can't sue people unless they have money, what's the point? The internet is full of fraud, but you can't make poor frauds pay lots, so what lawyer is going to sue them?

      The moral of the story is: If you want to cheat people out of money.. do it badly.

    22. Re:Who wins? by Anonymous Coward · · Score: 0

      I have to agree with this. most of this BS scamming shit came about during dot-com bubble which was during the cilnton admin. If its the republicans fault we have this BS, then why didnt the democratic controlled FTC smack this stuff down before it got a chance to become so problematic?

    23. Re:Who wins? by Anonymous Coward · · Score: 0

      They have a fight, Triangle wins. Triangle man.

    24. Re:Who wins? by Anonymous Coward · · Score: 0


      ### GIVE ME A BREAK! ### Has anyone noticed the guy (Philip J. Carstens) who is suing Bonzi Software also sued his "former employer" after he sustained an "injury" of a "traumatic nature" when he bit into a piece of "Halloween Candy" taken from a dish located on the reception desk of his employer and "broke loose a dental crown."

      It's kind of like the story about the burglar who sued for being trapped for 8 days in a garage of a house that he burgled -- with "nothing" to survive on, except a case of soft drinks and a bag of dry dog food.

      You should read his legal arguement: "The candy was either furnished by Mr. Carstens' employer, or by the receptionist employed by Mr. Carstens' employer, with full knowledge of the company's management and because the injury occurred in the course of his employment, Mr. Carstens had clearly sustained an injury compensable under the Industrial Insurance Act."

      Compensable? What does that word mean? Do they mean like... as in... compensation? Do they mean like... M-O-N-E-Y?

      But the really shocking thing is: HE WON THE CANDY LAWSUIT AND ACTUALLY GOT MONEY FOR HIS "TRAUMATIC INJURIES"! You can read all the "traumatic" details of that fateful day at: http://www.wa.gov/biia/890723.htm

      However, there's one more interesting twist to this story. It turns out the "businessman" who filed the lawsuit is not really a "businessman" after all, but a lawyer who is just pretending to be someone else -- and it gets worse -- the "employer" that Mr. Carstens sued was none-other-than the law firm of "Ludkins & Annis" -- that's right, the same law firm who is now suing Bonzi Software on Mr. Carstens' behalf.

      If you are scratching your head, so am I. I don't get it. What's really going on here? This lawyer claims he does not work for the law firm of Ludkins & Annis -- yet, their website in Google's "cache" says: "Philip J. Carstens has been a principal at the law firm of Ludkins & Annis since 1974."

      SO LET ME GET THIS STRAIGHT. YOU HAVE A LAWYER -- WHO SUID HIS OWN LAW FIRM FOR BEING "TRAUMATICLY INJURED" BY A PIECE OF HALOWEEN CANDY -- AND NOW THIS SAME GUY HAS BEEN "INJURED" BY INTERNET POP-UP ADS TOO.

      The poor guy. I guess some people just have all the bad luck.

      David King

    25. Re:Who wins? by TimKing · · Score: 1


      GIVE ME A BREAK! Has anyone noticed the guy (Philip J. Carstens) who is suing Bonzi Software also sued his "former employer" after he sustained an "injury" of a "traumatic nature" when he bit into a piece of "Halloween Candy" taken from a dish located on the reception desk of his employer and "broke loose a dental crown."

      It's kind of like the story about the burglar who sued for being trapped for 8 days in a garage of a house that he burgled -- with "nothing" to survive on, except a case of soft drinks and a bag of dry dog food.

      You should read his legal argument: "The candy was either furnished by Mr. Carstens' employer, or by the receptionist employed by Mr. Carstens' employer, with full knowledge of the company's management and because the injury occurred in the course of his employment, Mr. Carstens had clearly sustained an injury compensable under the Industrial Insurance Act."

      Compensable? What does that word mean? Do they mean like... as in... compensation? Do they mean like... M-O-N-E-Y?

      But the really shocking thing is: HE WON THE CANDY LAWSUIT AND ACTUALLY GOT MONEY FOR HIS "TRAUMATIC INJURIES"! You can read all the "traumatic" details of that fateful day at: http://www.wa.gov/biia/890723.htm

      Unbelievable... The "employer" that Mr. Carstens sued after he sustained an "injury" of a "traumatic nature" when he bit into a piece of "Halloween Candy" was none-other-than the law firm of "Ludkins & Annis" -- that's right, the same law firm who is now suing Bonzi Software on Mr. Carstens' behalf.

      SO LET ME GET THIS STRAIGHT. YOU HAVE A LAWYER -- WHO SUED HIS OWN LAW FIRM FOR BEING "TRAUMATICLY INJURED" BY A PIECE OF HALOWEEN CANDY -- AND NOW THIS SAME GUY HAS BEEN "INJURED" BY INTERNET POP-UP ADS TOO?

      The poor guy. I guess some people just have all the bad luck.

      Tim King

  23. Important Challenge by locarecords.com · · Score: 1

    I think this represents an important legal challenge to protect and limit these sorts of activities. I think it is sad that companies feel a need to deceive in order to get business, but at least these class actions can do something to redress the balance.

    --
    ---- The Open Source Record Label : : LOCARECORDS.COM
  24. The one with the "Message Waiting"? by grishnav · · Score: 4, Insightful

    If they really wanted a killer example, they would show the one that says "You have a message waiting". It made it look like, indeed, you had an extremely urgent message waiting. I never did know what it led to, I never fell for it, but I can distinctly remember my mom asking me why she couldn't get the message she had waiting, and why she just got bombarded with ads. It's good that someone is finially doing something about it.

    1. Re:The one with the "Message Waiting"? by ninjadoug · · Score: 1

      Sorry to reply to someone who has been moderated Troll but I agree. And the dating site ones that mention these beautiful girls that have left a message for ME. I mean I have never registered to any of these sites and yet the messages from beautiful girls are for me. excellent

    2. Re:The one with the "Message Waiting"? by weave · · Score: 2
      I saw that one, but it said something like "You have an urgent message from Joe." For giggles I hit the banner (hey, I liked the web site I was on and hoped they would get a few cents at least), and the next page asked for my e-mail address to get the message. So I typed in something-rude@example.com

      I've seen my sister-in-law click these. She also has, I kid you not, an entire box of AOL CDs. When I went over to fix their computer once, I asked for the original CDs that came with the computer, and she hauled out an large box, including several dozen AOL CDs. I almost died.

      So, I'm positive those deceptive ads worked very well...

  25. Send more lawyers, eh? by USC-MBA · · Score: 0
    Do we really need more attorneys interfering with the commercial development of the net like this? Yes, Bonzi ads are annoying, the wording of this class action complaint distorts the truth almost as much as those silly "Your Computer is Broadcasting an IP Address!" popups. Clicking on a Bonzi ad is a waste of time, but calling it "hijacking" (a rhetorically charged term in this post-9/11 age, BTW) is a bit much.

    Sure, advertisers try sneaky new things, but it's a darwinian process: for every ad, there's a counter: popup-blocking, ad-server blocking, and so forth. The problem is being handled in the marketplace. Sending Lawyers with dollar signs in their eyes into the mix is not a prescription for a more efficient internet.

    1. Re:Send more lawyers, eh? by Anonymous Coward · · Score: 0
      The problem is being handled in the marketplace.
      And there's the rub: the marketplace is a terribly inefficient way of handling this problem. Better to handle it in the government or the judicial system.
  26. WHAT RELIEF FOR CONSUMERS DOES THE COMPLAINT SEEK? by rant-mode-on · · Score: 2
    • on behalf of all persons residing in the United States ... amount of $500 per class member ... $5.00 per deceptive advertising banner issued

    Holy cow! 280,000,000 * $500 + n * $5 (where n is large an undetermined...)
  27. Its honestly about time. by Vengie · · Score: 5, Insightful

    Does anyone remember the early porn banners that were doing this?
    "Movie downloading?"
    You know that something is low and bad (tm) when even the porn industry shys away from it as a form of advertising. I was surprised when I started seeing these because it harked back to earlier days of those annoying porn ads that tried to look like UI components.
    I guess bonzi didn't quite catch on -- and quite frankly, its about fscking time that someone finally said, "You're obnoxious, annoying, and we've had enough!"

    --
    When in doubt, parenthesize. At the very least it will let some poor schmuck bounce on the % key in vi. (Larry Wall)
    1. Re:Its honestly about time. by Savage-Rabbit · · Score: 2

      Even the Porn industry has a certain small sliver of dignity. Internet commercials, and most other commercials for that matter, only really become a benchmark of below the belt Advertising tactics when they are used by Lawyers, those annoying debt reduction companies and ... ummm ... oh yes Viagra salesmen.

      --
      Only to idiots, are orders laws.
      -- Henning von Tresckow
    2. Re:Its honestly about time. by Per+Wigren · · Score: 3, Troll

      The pornindustry shys away from it because it is proven ineffective! It makes people annoyed, remember their name and associate it with false advertising, and they will never sign up! The same thing with (mail/usenet) spam. Instead the pornindustry has started to spam the searchengines.. They register 200 domainnames and have 200 different frontpages to the same site..
      And they have also found that the very most effective way to get people to sign up is to post high quality free pictures without fake links and popups on all of the 1000s "thumbnail gallery post"s, together with a link to their signup-page.
      That is why you don't see as much porn-banners/popups/spam as there used to be a few years ago...

      --
      My other account has a 3-digit UID.
    3. Re:Its honestly about time. by OldStash · · Score: 2, Funny

      That is why you don't see as much porn-banners/popups/spam as there used to be a few years ago...


      No. I don't see as many porn-banners/popups/spam as I used to a few years ago because my eyesight is shot to bits.

      Comes with the territory...

    4. Re:Its honestly about time. by shird · · Score: 2

      It also helps that there are a lot of free/better alternatives. People hate popups, so they would never sign up with a site that floods them with that crap. But with 'Your computer is insecure, download this update - Yes/No' type popup crap, ppl dont have another alternative because the warning is fraudulent to begin with. Its been proven an ineffective way of advertising, or tricking ppl into signing up for stuff. But it can work for tricking ppl into downloading dialers/spyware etc.

      --
      I.O.U One Sig.
    5. Re:Its honestly about time. by Contact · · Score: 2
      The pornindustry shys away from it because it is proven ineffective! It makes people annoyed, remember their name and associate it with false advertising, and they will never sign up!

      I can't help finding it slightly ironic that you're posting to a story about deceptive advertising, with a fake "MOD PARENT UP" link in your .sig... aren't you worried that people might be annoyed, remember your name, and associate it with false advertising? ;)

    6. Re:Its honestly about time. by Per+Wigren · · Score: 1, Troll

      aren't you worried that people might be annoyed, remember your name, and associate it with false advertising?

      No, that would just make me proud! ;-)))

      --
      My other account has a 3-digit UID.
    7. Re:Its honestly about time. by operagost · · Score: 1
      Even the Porn industry has a certain small sliver of dignity. Internet commercials, and most other commercials for that matter, only really become a benchmark of below the belt Advertising tactics
      Everything the porn industry does involves the area below the belt ...
      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    8. Re:Its honestly about time. by Anonymous Coward · · Score: 0

      Even the Porn industry has a certain small sliver of dignity. Internet commercials, and most other commercials for that matter, only really become a benchmark of below the belt Advertising tactics Everything the porn industry does involves the area below the belt ... Damn, your tits must be sagging.

  28. bonzibuddy by sxpert · · Score: 3, Informative

    aren't they the same ppl that created this wonder of spyware "bonzibuddy" with a little monkey character that would progressively ask you most of your personal info (including Credit Card numbers and the like) for the sakeness of "user - friendlyness" ???

  29. meaning of "broardcast" by Anonymous Coward · · Score: 0

    The "broardcasting an ip" one irritates me.

    Web surfing traffic isn't broardcast, it dosn't go out everywhere on the network, it is just passed along a path through the routers to the website and back.
    If it said "transmitting an ip address" I'd be less irritated since then it would be just overestimating the risk, not blatantly untrue.

    I like mozilla for allways putting a window frame around popups so its more obvious that the messages are not realy windows messages.

  30. True Story, Funny... by 0000+0111 · · Score: 1

    My mom actually believed it. LOL!!! She came to me and said, "Uh, I think there's something wrong with the computer." Judging by the tone of her voice I said, "Oh, shit, what did you manage to do this time?" I got to the computer and I asked her what in the Hell she clicked on. I was rolling on the floor after that one!!! What's even funnier is that she was using a Mac!!! You gotta love that one! Those guys are geniuses in they're own respect. They deserve the honor of getting sued for it IMO.

  31. You have an urgent message waiting! by palindromic · · Score: 5, Funny

    www.goat.. ah screw it.

    1. Re:You have an urgent message waiting! by Anonymous Coward · · Score: 2, Funny

      No thanks, I'd rather not...

    2. Re:You have an urgent message waiting! by ceejayoz · · Score: 2

      Someone should start a Goatse fund - buy a bunch of advertising impressions - using Bonzi's ad images - that send people to Goatse. That'll teach people to click on these popups...

    3. Re:You have an urgent message waiting! by Spunk · · Score: 2

      From the look of him, someone's beaten you to it.

  32. So how do I get..... by Count+of+Montecristo · · Score: 1

    my $500 in case the plantiffs win?... or is this another class action suit to make rich lawyer bastards like the acrylamide infested french fries suit in CA?

    believe me, I hold no symphathy for the bonzi. i so hate those ads. BUT you just gotta hate lawyers who do this thing for a living

    so.. how does it work? where's my check? or is it all going to the fat laywer's pocket. i saw no mention on how to join the class action

    --
    *shower*
    1. Re:So how do I get..... by will_die · · Score: 2

      You mis-read it, the $500 goes to the lawyers and you get the $5.00.
      To get your $5.00 send, via certified mail, in your name, address and a check for $4.98 to cover shipping and handleing fees to the address given on thier web site.

  33. IN SOVIET RUSSIA by Anonymous Coward · · Score: 2, Funny

    The ads click on you.

    and

    the boss makes porn by looking at you while you work.

    (yes that IS improperly formatted, but I think it's funny so stuff it)

    1. Re:IN SOVIET RUSSIA by shnarez · · Score: 1
      The ads click on you.
      what is this in reference to, exactly? methinks i missed the original joke.
    2. Re:IN SOVIET RUSSIA by Anonymous Coward · · Score: 0

      Yakkov Smirnov (or something similar) he was, I believe, some old 1980's stand up comedian who supposedly came from russia. He spoke with a heavy russian accent and made stupid jokes many of which were one liners starting with the words "In soviet russia..."

      I believe that the stoopid cartoon show with the bad animation and the unfunny redneck family has been featuring Yakkov lately so of course some people are trying to make funnies with it or something...my job sucks.

  34. Good example of a misleading advertisement... by dagg · · Score: 1, Troll
    Misleading advertisement:
    Come and get your sex here
    Well... it's misleading... but it is not false :-).
    --
    Sex - Find It
  35. I see their point, but why bother by 91degrees · · Score: 2, Interesting

    The amount of harm done isn't really that great. So people go to their website by mistake. The result is that perhaps people will learn not to click on it again. It only took them a few minutes. I feel that anyone who makes the same mistake twice is an idiot who should probably be kept away from the internet.

    I am of course totally biased here. This benefits me indirectly. The continued success of these ads means that they keep advertising, and this keeps the sites I like free[ish]. Essentially, I think its good that there's at least some succesful internet advertising.

    1. Re:I see their point, but why bother by jonadab · · Score: 2

      > The amount of harm done isn't really that great.

      You have apparently never had to repair a computer afflicted with
      the $#@! stuff Bonzi tricks people into installing.

      --
      Cut that out, or I will ship you to Norilsk in a box.
  36. The advertising target *is* windows users by Anonymous Coward · · Score: 0

    Ya gotta give these people credit.
    They did not copy the windows elements for wmaker, blackbox, kde or macos X. So in my boxen, this would look about as close to a *real* UI as any other piece of web advertisement. They utilize tools a majority of the internet public use. With a healthy dose of shockwave/flash with a touch of java. The advertising is targeted to Netscape/Mozilla and IE users. So this would mostly affect users who are utilizing IE or Netscape/Mozilla on windows with all the *neat* toys installed.

    A very quick and easy solution to all the advertising is to utilize text based browsers. Other solutions include using a proxy based scrubber, choosing a browser that is not a target, turn off javascript, restrict graphics.

    I think the class action law firm is going to have a very steep hill to climb before someone clubs them over the head

  37. Homogeneous OS : Risk of attack by dsfd · · Score: 2, Interesting

    As about 95% of the computers in the world use the same OS, it is very easy to generate false error messages such as in this banners.

    The same happens in natural ecosystems: the more homogeneous is a population, the higher the risk of oportunist infections and parasites.

    The best solution to this problem, instead of fighting each oportunist separately, is to create an environment where computational diversity could develop.

    To begin, in your own interest, never ever again buy a computer with an OS so easy to attack.

    1. Re:Homogeneous OS : Risk of attack by Anonymous Coward · · Score: 0

      is this a joke? why is it you linux fags always warp every fucking story into a "SEE, WE SHOULD USE A TRULY FREE OPERATING SYSTEM" piece.

      talking out of your ass: "computational diversity". for god's sake. shut the fuck up. you are babbling ambiguous catch phrases that appeal to those who are too fucking stupid to believe anything that isn't "cool" and politically correct. computational diversity... what the fuck does that mean? you mean COMPUTER OPERATING SYSTEM DIVERISTY. do you have any fucking idea of what "computation" is, mouth breather?

      more shit from your logic deficient brain: "To begin, in your own interest, never ever again buy a computer with an OS so easy to attack. " who the fuck is getting attacked? these are pop up ads. even if they look like a windows box, that doesn't mean they are "attacking" the machine. go to dictionary.com and look at these fucking words you use.

      here we go: "you are a *smart* guy and have *many* friends that don't suck the golden rod of open source." see, this translates (using your logic) to: "you are a fucking dipshit and if it wasn't for the common ground of being beaten, you'd have nothing in common with your friends because you are a loser."

    2. Re:Homogeneous OS : Risk of attack by The+Bungi · · Score: 1
      That's a really great idea. How about we also introduce random mutations into the human genome by giving plutonium candy to pregnant women?

      That way, AIDS and smallpox and ebola and all those other nasty, pesky diseases won't have a chance!

    3. Re:Homogeneous OS : Risk of attack by Anonymous Coward · · Score: 0

      nature already provides a mechanism for random mutations.

      but i'll still take some plutonium candy ..got any for me?

  38. Ugh by ElectroKiwiMonkey · · Score: 2, Insightful

    "It's almost as if they think we're retarded."

    Quite true, but sadly... I think the majority of users being hit with these ads aren't all that computer-savvy. I mean, AOL is still the most widely used ISP isn't it? Wouldn't that logically imply that since it's well-known for being granny/kiddie/etc friendly, a good chunk of internet users are in fact "retarded" in the context of this topic?

    The problem, as I see it, isn't with Bonzi. They're a company, if they can do something to increase their profits I say more power to them. The problem arises when people can't distinguish between your advertising and messages from their OS that seem to be rather urgent.

    Someone needs to beat whoever okays these ads as "a good idea, people will really like it I bet!" with a heavy stick. The average consumer these days may not be all that sharp but that doesn't mean we enjoy being exploited.

    --
    I am not a man, I am a free number.
  39. If this goes through... by JanusFury · · Score: 3, Interesting

    If this succeeds, it will set a major precedent - and in my opinion, a really good one. I'm fed up with misleading, stupid advertisements - I quit watching TV because I didn't like ads, and now that I've been away from TV for so long I can't bear to watch it for more than 30 minutes because the commercials drive me mad. I'm all for supporting websites by looking at banner ads, but shit like these bonzi ads are not only annoying, but they cause no end of trouble for me. My mother and sister not only keep asking me about them, but my sister has clicked OK and Yes on them and installed shit on my computer, and the only way I can explain it is "don't do that". I for one will be glad even if this case settles for minute damages ($0.01 per class member or even less than that would be fine for me - just kick bonzi's ass at least a little bit!)

    --
    using namespace slashdot;
    troll::post();
    1. Re:If this goes through... by Anonymous Coward · · Score: 0

      Well, duh...don't give your sister administrator rights on your machine. That sounds like a pretty stupid thing for you to do.

      But instead of getting a clue you want to restrict 1st amendment rights. Idiot.

    2. Re:If this goes through... by sqlrob · · Score: 1

      1st Amendment is restricted with respect to commercial speech

    3. Re:If this goes through... by Anonymous Coward · · Score: 0

      I suppose it depends on whether you consider the phrase "Your computer is broadcasting its IP address" (paraphrased) misleading.

      That's the Supreme Court's view.

    4. Re:If this goes through... by sqlrob · · Score: 1

      It's misleading with respect to what the product does/can do. If it didn't look like an error box, there would probably be fewer complaints against it as well.

      As mentioned before, unless they run a proxy server, no product will prevent you from "broadcasting" your IP and still allow connections.

  40. force by LRNG_LNX · · Score: 1

    It has to do with force. Just as in "breaking and entering." No crime if there was no forcable entry. That becomes tresspassing. Just a thought.

    --
    If you don't like this . . . MOD someone else up.
  41. What the fsck? by abbamouse · · Score: 5, Interesting

    "But really, let's admit to it, the creativeness required to think up faking an error screen to get users to click on it (think reaction vs. action) is genius. I'm not sure this suit has any merit at all...and even if it does it really shouldn't."

    What on earth does this mean? If the suit has merit, that means that the advertising was both deceptive and harmful. I admire a good grifter as much as the next guy, but these people are still thieves (or perhaps vandals) and that kind of shst ought to be against the law. Nor are laws against fraud the sort of bad laws (like, say, the DMCA) where a bit of civil disobedience is tolerable. There are three reasons that fraud like this (Bonzi Schemes, if you'll excuse the pun) should be illegal:

    1. Harm to end users. Whether it's lost time, lost money, spyware-infested PCs, or just a general devaluation of warning messages (making their computer cry wolf...) the results are harmful for users.

    2. Harm to the market. When users are confused about whether something is an advertisement, they make decisions on bad information. This rewards the wrong sort of economic behavior -- the company that can best trick people wins instead of the company with the best product.

    3. Harm to society. We don't want our best and brightest to believe that the easiest way to get ahead is to steal or hurt other people. We would like them to go into productive activities that generate new wealth, not unethical and deceptive practices that siphon off wealth from others.

    So yeah, if the suit has merit then it should have merit. This is exactly the kind of thing that users, the market, and society as a whole need a good set of laws to handle.

    --
    Make cheese not war 8:)
    1. Re:What the fsck? by Anonymous Coward · · Score: 0

      Harm to the market. When users are confused about whether something is an advertisement, they make decisions on bad information. This rewards the wrong sort of economic behavior -- the company that can best trick people wins instead of the company with the best product.

      Tricking people into buying a specific product regardless of its merits; is that not what all advertising strives to do?

    2. Re:What the fsck? by theCoder · · Score: 2

      That's a very cynical view of advertising (though I have on occasion thought that's what modern advertisers have sometimes sunk to). Advertising should be about informing people of your product/service and convincing them that your product/service is valuable to them. That last part should be based on the merits of the product/service and not based on fraud.

      Advertising isn't always bad. I know I'll usually go through many of the ads in the newspaper looking for good deals. That's the advertising I like -- when I'm actually looking for it (not while I'm doing something else like watching TV or browsing the web or reading email).

      --
      "Save the whales, feed the hungry, free the mallocs" -- author unknown
    3. Re:What the fsck? by stanmann · · Score: 1
      Tricking people into buying a specific product regardless of its merits; is that not what all advertising strives to do?
      Yes, But there is a qualitative difference between telling someone that drinking beer will make you more attractive, and telling someone that they can get cable quality speed on a 33.6 dialup. Especially as drinking beer will tend to make the girls more attractive, and make you think that you are more attractive also.
      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    4. Re:What the fsck? by Anonymous Coward · · Score: 1, Insightful

      The other side of the coin...

      1. Benefit to end users. This will help teach them to actually *read* those error-message boxes rather than blindly clicking "OK". By actively punishing stupidity, we help raise user alertness.

      2. Benefit to the market. When users are confused about whether something is an advertisement, they make decisions on bad information. By providing an obviously misleading ad, we encourage people to realize that almost all ads are at least a little misleading. It will help people learn to look for the best product rather than paying any attention to adverts.

      3. Benefit to society. We don't want our best and brightest to believe that the easiest way to get ahead is to steal or hurt other people. We would like them to go into productive activities that generate new wealth, not unethical and deceptive practices that siphon off wealth from others. By contributing in a small way to turning people against advertising in general, these ads help accomplish this goal.

    5. Re:What the fsck? by Capt.+DrunkenBum · · Score: 1

      "We don't want our best and brightest to believe that the easiest way to get ahead is to steal or hurt other people."

      Our best and brightest know that the best way to get ahead is internet pr0n.

      --

      Not everyone deserves a 320i

    6. Re:What the fsck? by SuperHighImpact · · Score: 1

      Harm to society. We don't want our best and brightest to believe that the easiest way to get ahead is to steal or hurt other people. We would like them to go into productive activities that generate new wealth, not unethical and deceptive practices that siphon off wealth from others.

      Well said. The Slashdot community obviously understands the problem. From other slashdot readings, I've concluded that the community also has the know-how to do something about it vigilante style (ie. take out the servers these people own). Yet we (yes, me included) do nothing about it. What a bunch of pathetic pussies we are.

      Don't waste my time talking about pursuing legal means, becasue pretty much no one here does that either. Besides, the number of cases similar to this proves that our capitalist system is broken in such a way that it cannot be fixed without drastic measures. The government is a gigantic, inertia driven machine that is not capable of drastic measures.

      --
      sHi
    7. Re:What the fsck? by pediddle · · Score: 1

      Harming people does not benefit society, Darwin or not. What makes you think that the people who are being harmed by this are going to learn anything? I've learned to recognize misleading ads on my own, even though to my knowledge I've never been tricked by one. Anyone who can't recognize one of these ads already isn't going to "benefit society" by learning anything new.

      Even if they do learn something, the harm has already been done because they've already been harmed. Besides, new suckers are born every minute, and there will always be a fresh supply of people who haven't yet learned their lesson.

      On the other hand, the type of people who fall for scams (Nigerian money anyone?) probably harm society anyway. On some level, I want to let them harm themselves just so the rest of us can spend less money by living off the advertising dollars of the stupid. On the other other hand, it's still wrong.

    8. Re:What the fsck? by pod · · Score: 2
      Advertising isn't always bad. I know I'll usually go through many of the ads in the newspaper looking for good deals. That's the advertising I like -- when I'm actually looking for it

      Though it's often like cops... they're never there when you need them.

      --
      "Hot lesbian witches! It's fucking genius!"
    9. Re:What the fsck? by Jesterr · · Score: 1

      We don't want our best and brightest to believe that the easiest way to get ahead is to steal or hurt other people.

      So we should kill all the CEO's and Lawyers in the world?

  42. Isn't this just like "advertising" warnings? by wolfywolfy · · Score: 1

    I've noticed in print magazines that pseudo-editorials ("advertorials") that look similar to the rest of the mag, but which are advertising, always have a "note: advertising feature" or similar at the top of the page so that readers don't confuse the ad with mag content.. I would guess that there's a law or advertising standard somewhere which requires this, right? (Maybe only here in .au..) So it should be easy to extend to banners and pop-ups, too... wouldn't it be interesting if websites were categorised as media publications....

    --
    *meep*
  43. Annoying but Hardly Illegal by IHateEverybody · · Score: 2, Insightful

    Sure, some people think those error messages are real but I'm having a hard time thinking of this as deceptive advertisements. Anybody who clicks on these things should quickly realize that they are ad banners disguised as error messages. If they want to sue over this, why not sue beer companies because you're not immediately surrounded by half-naked babes as soon as you open an ice cold Bud?

    --
    Does this .sig make my butt look big?
    1. Re:Annoying but Hardly Illegal by Anonymous Coward · · Score: 1, Interesting

      I'm having a hard time thinking of this as deceptive advertisements.

      If my computer isn't broadcasting its internet address then an advertisement that claims it is is deceptive. If my Internet connection is optimised then an advertisement that claims it isn't is deceptive. If the advertisement looks like an alert put up by the operating system but it isn't then it is deceptive. That was easy, wasn't it?

    2. Re:Annoying but Hardly Illegal by Anonymous Coward · · Score: 0

      Phony implied rewards (which are usually pretty outlandish and wouldn't trick the majority of viewers, compared to this) are different from deceptive advertising media.

      Imagine a television ad that looked just like a news report from ABC News, warning you to protect yourself from some bad computer stuff, and recommending that you buy a particular product.

      Now, it's possible that this could be a case for Microsoft rather than consumers as it involves the Windows likeness.

    3. Re:Annoying but Hardly Illegal by Anonymous Coward · · Score: 0

      It doesn't look like an alert. It looks like what it is - a popup. Only an imbecile would think it was anything else.

      If people don't understand how to use computers then they shouldn't be using them. Easy huh?

    4. Re:Annoying but Hardly Illegal by indecision · · Score: 3, Funny
      If they want to sue over this, why not sue beer companies because you're not immediately surrounded by half-naked babes as soon as you open an ice cold Bud?

      C'mon give them a break... maybe there arent any chicks there for your first Bud, by the tenth one the place is packed with stunners. It just takes Bud HQ some time to round them up and send them over. :)

      indecision

    5. Re:Annoying but Hardly Illegal by Zoolander · · Score: 0

      Newsflash: Some people don't give a rat's ass about computers, they just want them to work when they use them. Why should they have to be able to discern a web popup from a Windows dialog?

      --
      Meep.
    6. Re:Annoying but Hardly Illegal by NeuroManson · · Score: 3, Insightful

      As described on the website, there are some people who aren't 100% computer savvy (mostly worker drones who only know enough to create an Excel document), who assume that the fake user interface is an actual system warning.

      This can easily be compared to the Zimbabwe/Zaire/South Africa/etc money scam which a surprising number of people have also fallen for. After all, if they were any more knowlegable, they wouldn't have fallen for it, so it therefore isn't a crime, yes?

      Or how about everyone who stupidly opens e-mail attachments, infecting their office system with Klez, Code Red, or whatever Trojan of the week is making the rounds? It isn't the fault of the folks who wrote the virii in the first place, oh nooooo, it's the fault of Microsoft and the users in the first place.

      --
      Just because you can mod me down, doesn't mean you're right. Shoes for industry!
    7. Re:Annoying but Hardly Illegal by Martigan80 · · Score: 3, Insightful

      Anybody who clicks on these things should quickly realize that they are ad banners disguised as error messages.

      This is a big misconception. My own wife has been using computers for three years now and hasn't seen one untill now, and clicked it. With a bunch of follow-on adds to boot. Not eveyone surfs the internet the same way. It's like an mechanic telling a non-car savy person that the oil bad because he can smell it, and it needs to be changed now. And after they click it the damage will be done, so the mechanic will have your car jacked-up with the oil filter out.

      --
      This SIG pulled due to lack of funding. (This damn war is costing too much!)
    8. Re:Annoying but Hardly Illegal by Anonymous Coward · · Score: 0

      If they want to sue over this, why not sue beer companies because you're not immediately surrounded by half-naked babes as soon as you open an ice cold Bud?

      Because one isn't enough! At three they get nice butts, at five bigger breasts, and at ten they are naked!

    9. Re:Annoying but Hardly Illegal by the+grace+of+R'hllor · · Score: 1

      "You have a message waiting" (or similar) leading to Bonzi Buddy installation differs much from a commercial merely implying something that is obviously false.

      If you see "You have a message waiting", it is to be expected that there is, indeed, a message waiting for you.

    10. Re:Annoying but Hardly Illegal by Anonymous Coward · · Score: 0

      Newsflash: Some people don't give a rat's ass what a steering wheel is, they just want to drive cars. See the analogy?

      What's wrong with letting people take a bit of responsibility and learn to use their tools?

    11. Re:Annoying but Hardly Illegal by thomas.galvin · · Score: 2

      If they want to sue over this, why not sue beer companies because you're not immediately surrounded by half-naked babes as soon as you open an ice cold Bud?

      Beer comercials imply that drinking Bud will make you sexier. Bonzai flat-out states that your computer is broadcasting an IP address, unoptimised, etc, and does so in a way that misrepresents the advertisment as an OS-Level error. Different game.

    12. Re:Annoying but Hardly Illegal by Zoolander · · Score: 0

      Ok, trying to stretch this analogy a bit to prove my point.... :-) I would say that learning what the buttons on the toolbar of your browser is, is analogous to knowing what the steering wheel does. What Bonzi does is install something into your car that looks like one of the car's parts, but in fact does something else. It's as if they put in a few more warning lamps on your car display, telling you that 'your oil is of a dangerously low quality' or something like that. I feel that by your view, they should know that the Chevy blah-di-blah 255xl doesn't come with those lamps, since everyone who uses a car should know that! BTW: Sorry if I came across a bit harsh, maybe this is a sore toe for me...

      --
      Meep.
    13. Re:Annoying but Hardly Illegal by ?erosion · · Score: 1

      Why, you mean you're not surrounded by babes when you open a beer? What on earth is wrong with you?

      --

      I assert ownership of all trademarks and copyrights on this page.
  44. Respectfully, I couldn't disagree with you more by Qrlx · · Score: 4, Insightful

    Reading your comments again, I wonder if maybe you were being sarcastic...But you're saying that the scourge of deceptive popup ads is laudable because it represents some sort of "innovation in business?"

    You work for Microsoft, don't you? :)

    Yeah, Enron's accounting methods were very "innovative" as well. And I have a novel new take on "beach front property" for sale in Nevada.

    Ihe ads in question, which I see constantly as I visit the crappy sites I for some reason go to, are *deceptive*. Like others have said, the popups are designed to look like a Windows dialog box, and trick teh n00bs into clicking them.

    When you're looking at a magazine or newspaper, the ads that sorta look like articles are clearly labelled ADVERTISEMENT across the top. Sometimes in magazines you get a whole eight pages of advertising "streamed" with the regular content, but it's definitely identifiable and identified as advertising. Those "Click here to optimize your Internet connection" fakey dialogboxes are intended to decieve.

    I'm actually kinda surprised Microsoft hasn't done anything about this (of course, maybe that's what the article says. I didn't read it, and I'm not going to. Nyeah.)

    It's really funny, too, how pop-ups have changed over time. Soon we are going to see a lot more of the default Windows XP "clue-free blue" motif in those ads as everyone buys new computers. Really, they ought to be putting these popups in a time capsule, and in 20 years we can all laugh about the good old days with our friends we keep in touch with, thanks to ClassMates.com.

    And in conclusion, I actually do hate everything that has anything to do with advertisement on the Internet. Except I kinda like the .NET ads here on Slashdot. They make me chuckle.

    1. Re:Respectfully, I couldn't disagree with you more by Scottaroo · · Score: 1

      It never occurred to me to click on one - they just always looked like advertising and were in the spot where advertising belongs. And I think that clicking on one is part of the learning process for the noobs. It's part of how they learn what to trust and what to take seriously versus what is scam. If they don't learn the lesson, they may start to believe things that they read on /.

      --
      ----------
      If your answer is Microsoft, you obviously didn't understand the question.
    2. Re:Respectfully, I couldn't disagree with you more by Iamthefallen · · Score: 4, Insightful

      Problem is they may not think it is an ad at all. You see an error message, click it, and get taken to a site where you can download a program that stops your IP from broadcasting address, creates faster downloads or some such, why would you have any reason not to think this program is from Microsoft? (or some other trusted vendor)

      This means they won't start to distrust ads, but error messages and messageboxes, which is a bad thing and a big hassle for the average computer user.

      --
      Wax-Museum Fire Results In Hundreds Of New Danny DeVito Statues
    3. Re:Respectfully, I couldn't disagree with you more by Alex+Belits · · Score: 2

      Except I kinda like the .NET ads here on Slashdot. They make me chuckle.

      "Get Microsoft behind your business"

      I really don't think, I would want to have THAT behind my back ;-).

      --
      Contrary to the popular belief, there indeed is no God.
    4. Re:Respectfully, I couldn't disagree with you more by ColaMan · · Score: 2

      Reminds me of one of the B.O.F.H articles at The Register, where they think up a new T-shirt slogan for the I.T. department. My favorite was "Slipping I.T. to you from behind".

      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
    5. Re:Respectfully, I couldn't disagree with you more by MntlChaos · · Score: 1

      When you're looking at a magazine or newspaper, the ads that sorta look like articles are clearly labelled ADVERTISEMENT across the top. Sometimes in magazines you get a whole eight pages of advertising "streamed" with the regular content, but it's definitely identifiable and identified as advertising. Those "Click here to optimize your Internet connection" fakey dialogboxes are intended to decieve.

      Okay, all those popups pop up in iframes. they have that title bar above the fake title bar that says its a browser window. to me it makes it perfectly clear that it is a popup and not a dialog box. if you miss that fact, then you are merely lazy. You're in the wrong as much as the guy that doesn't see the "advertisement" banner in a magazine ad that looks like an article.

  45. Just disable them by Anonymous Coward · · Score: 1, Informative

    In your browser, select the Edit menu and click preferences.

    Now go to:

    Advanced->Scripts & Plugins

    Under 'Allow scripts to:' uncheck 'Open unrequested windows'.

  46. Use a browser that can block images: Mozilla by ChessHacker · · Score: 4, Informative

    Well, the solution is easy. Download Mozilla 1.2 and when you see one of those pesky banners, right click it and select "Block images from this Server". Your bandwith is reduced and your eyes get a rest.

    1. Re:Use a browser that can block images: Mozilla by UberLord · · Score: 2, Informative

      Do you read slashdot? Mozilla 1.2.1 was released yesterday :p

    2. Re:Use a browser that can block images: Mozilla by spitzak · · Score: 2

      Often the images are not popups. They are imbedded images, complete with a picture of a Windows window frame. You cannot drag them around, attempting to do so clicks them (unless you drag out of them).

      I suppose there are popup versions but I have never seen them (as I have popups disabled). They would have the advantage of having a matching window frame and thus look correct on that stupid new graphics design of XP.

  47. Re:WHAT RELIEF FOR CONSUMERS DOES THE COMPLAINT SE by caluml · · Score: 1, Offtopic

    280,000,000 * $500 + n * $5 (where n is large an undetermined...)

    You should parenthesise to remove abiguity:

    (280,000,000 * $500) + (n * $5) (where n is large an undetermined...)

  48. community square execution by Anonymous Coward · · Score: 0

    i say that the creator and owner(s) of this company get data murdered. WHO ? NEVER HEARD OF THEM. hmmm...that's odd, your ss# is, um, null. ...and that the facilitator of such creates a nice video stream of such activity and hosts it on a site that wont get slashdotted. :)

    *GRIN

  49. Yes by Anonymous Coward · · Score: 0

    Yes, Bonzi is indeed responsible for that ugly purple fucking "Bonzi Buddy" gorilla which has infested your system. Unfortunately, not even inserting bananas into the CD-ROM will get rid of that pesky bugger. He comes installed with a hidden she-gorilla (%windir%\bonzi\mister_miyagi\gorilyamama) which allows him to reproduce like crazy.

    Proposed sentence for the accused: Send them deep into the Amazon jungle to get a little attention from Manuel the Love Monkey.

  50. Yeah right by Anonymous Coward · · Score: 0

    I went on their page and all they had were these three annoying banner ads, WTF!

    I'll sue them after I finished with America Online though, everytime I start that F#$ker up, it says I have mail, then I go to my front porch and check, no mail!

  51. Testimony at Court by Anonymous Coward · · Score: 1, Funny

    And so I clicked an banner that said I could optimize my internet connection but instead a porn site came up, my mom came into the room and went like beep beep beep.

  52. just do this to avoid nasty popups and banners by Anonymous Coward · · Score: 0

    hi

    running a squid proxy going to a privoxy proxy and no more adds no more popups :-)

    just browse the web as it was ment to be browsed

  53. This is what a class action should be all about! by dmarkle · · Score: 1

    Now this is what a class action should be all about. My only question is why the FTC hasn't gotten involved in this before now? The government has to really step up their activity against misleading advertisers. Gator, you're next!

  54. Disappointment by Anonymous Coward · · Score: 2, Funny

    Fellow /.ers, this item has given us the opportunity to /. a lawyer and they're STILL UP!.

    Must try harder!

    1. Re:Disappointment by Anonymous Coward · · Score: 0

      Here's why they are still up: Squid httpd-accelerator

  55. The Court doesn't have the right to issue such... by Kindaian · · Score: 0, Offtopic

    As it is a form of censorship and a burden to the owners of the copyright music itselfs!

    If the cab driver is the owner of the copyright of the music he is playing... does he has to pay the fee?

    The world is strange indeed...

    ---
    This posting is protected by copyright. If you read it you must pay a copyright royalty to the human empire copyright association.

  56. I'm surprised anyone fell for it... by Pembers · · Score: 1

    ...but then I do most of my surfing on a Sun Ultra 1 at work, so the first time I saw one of these banners, it was rather obvious that it wasn't a message from the operating system. The fact that the "dialogue box" scrolls when you move the page is a bit of a giveaway too.

    I don't think these particular adverts are any more annoying than any other banners, but I haven't had to clean up after anyone who was suckered into installing whatever malware these guys were pushing. Even my girlfriend, who went through a phase of merrily installing anything she could get her hands on, never asked me why her computer was telling her that her 'net connection wasn't fast enough, and why the software that was supposed to fix it was plastered with adverts.

  57. what about gator? by domeng24ph · · Score: 1

    isn't gator the one responsible for those dialog boxes appearing when viewing a site which apparently is a dialog box asking you to install some software into your computer? precision time, date manager, and gator ewallet? this tricks many not-so-knowledgeable users into clicking ok, thinking that you must click ok to view that particular site.

    so what about gator?

    1. Re:what about gator? by wiggys · · Score: 2, Interesting
      One of our branch offices recently got broadband, yet the initial speed soon fell way short of their expectations. I checked the log file and discovered one machine had so much spyware on (Gator precision time, Kazaa-related crap and even a nasty little browser hi-jack trick which redirected your homepage to another site so it could pop up an advertising bar everytime you started your browser) that the broadband connection was soon saturated.

      Luckily, Ad-Aware came to the rescue and removed 99 spyware/adware files. Suddenly everything was much nicer...

      --

      Sorry, but my karma just ran over your dogma.

  58. worth 1000 words by uberstool · · Score: 2
    1. Re:worth 1000 words by shird · · Score: 2

      I wasnt able to follow that link, some anti-leech crap. anyway... what I did get was a popup unlike any Ive seen before.

      What it was was a DHTML image, made to look like a regular popup window, enclosed in it was another "error message window" image. Hence clicking the 'X' of the outer "window" triggered the click event. bastards.

      --
      I.O.U One Sig.
    2. Re:worth 1000 words by Koos · · Score: 2
      Worth 1000 words more is that cool-jokes.com blocks external links to images on their sites and responds with a 403 page.

      Which had, on my first try, the ad..

      You will not believe it..

      Your computer is broadcasting an IP address!

      Somewhat stupid is that cool-jokes.com forgot to tell on that page what the error is or why you may be getting it during the plastering with ads and affiliate links.

  59. Broadcasting an IP Address by Ratbert42 · · Score: 5, Funny
    'Your computer is broadcasting an internet IP Address...'

    Am I the only person that thinks this is funny? I torture the crap out of our IS guys with it. We'll be getting to the end of a marathon meeting and I'll ask them if they finally stopped broadcasting our IP addresses for just anyone to see and connect to.

    I think they're getting back at me with some weird HTTP proxy filter. For some reason, when I go to Slashdot, I see every story twice.

    1. Re:Broadcasting an IP Address by scsirob · · Score: 1

      Yup. The 'weird filter' is labelled 'port 80'. Issue fixed.

      --
      To Terminate, or not to Terminate, that's the question - SCSIROB
    2. Re:Broadcasting an IP Address by Anonymous Coward · · Score: 0

      that's fine, go ahead and torture us.. you'll be the first to fall

    3. Re:Broadcasting an IP Address by Anonymous Coward · · Score: 0

      That's not a proxy filter, that's just lazy editors. ;)

    4. Re:Broadcasting an IP Address by Anonymous Coward · · Score: 0

      I know a sysadmin at an ISP who prevented customers using the mail server so they couldn't send spam.

      He took a lot of convincing that customers might want to send legitimate e-mail instead.

      Someone else at the same company is proud that his CGI code will be easily upgradable to HTML 5 when it comes out. Amusingly, it can't output well formed XHTML, let alone appendix C html. I've no idea how he chose the content type.

  60. Sense of superiority by Shade,+The · · Score: 2

    Ah, so this is the self-centred geek sense of superiority I've heard so much about. And I was just beginning to think that most techs were nice and would help people if they got into trouble. I know quite a few people who fall for these things, one of whom is currently signing up for her second degree course, so she's not, by any means, an imbecile.

    I put forward the suggestion, that you are the imbecile for possessing such an aloof (probably false) sense of superiority over those less knowlegable about computers. Either that or a troll, whom I should probably not be feeding.

    To put it another way, would you like a professor of computer science calling you an imbecile for not, say, being able to create a Turing Machine to convert some logic expression to its native CNF and thus, given the values of the predicates, solve the equation? Or to draw up a basic circuit diagram of a microcomputer capable of solving polynomial equations? After all, if you don't understand computers you shouldn't be using them, right?

    1. Re:Sense of superiority by Anonymous Coward · · Score: 0

      Well, he'd certainly have the right to call me an imbecile if that's what I was trying to do and didn't educate myself in the matter.

      Everyone wants it a bit too easy, huh? Take some responsibility dudes.
      There's an obvious qualitative difference between a windows system dialog and a popup, it can't take too many brain cells to work it out.

    2. Re:Sense of superiority by Shade,+The · · Score: 2

      Everyone wants it a bit too easy, huh?

      I think it's more that most people generally have things they deem to be more important. And why not? We can't all specialise in computing, and for those who don't the information crunching and calculating power shouldn't be denied to them. You don't need to know everything about a computer to use it. For instance, do you use a web browser or do you telnet in on port 80 and translate the HTTP headers and HTML all in your mind?

      Computers are there to make life easier. Well, at least that's the theory. They shouldn't be difficult or tricky just because it generates a feeling of elite amongst the computer-literate. Besides, there may be an "an obvious qualitative difference", but that's assuming you understand pop-ups for what they are. If you see a strange dialog pop up, then you're likely to become alarmed, even if it does look different. Only if you can tell the difference is because of it being in a opened browser window generated by javascript would you know that it isn't worth bothering with. The point is people don't know that the difference is important. Like the difference between a poisonous Coral Snake and a relatively harmless Milk Snake (black on yellow is the former and red on black the latter, if I recall correctly. An obvious difference, but not if you don't know what to look for).

  61. Use your hosts file by Mxyzptlk · · Score: 2, Informative
    You can also use "poor man's DNS". Every time a banner shows up:

    1. Find out the host name for that URL.
    2. Add that host name to your /etc/hosts file (for Unix), c:\WINNT\system32\drivers\etc (for Win2k), or c:\WINDOWS\system32\drivers\etc (for WinXP).
    3. Change the IP address for that host name to 127.0.0.1.

    Your hosts file should look something like this:
    127.0.0.1 irritating.website.com
    127.0.0.1 goat.cx
    Now, every time a banner tries to pop up, you don't get the extra traffic to the banner site, and you have slayed one more hydra.
    1. Re:Use your hosts file by sqlrob · · Score: 2

      Doesn't work as well anymore. Many banners and popups use an IP now.

    2. Re:Use your hosts file by operagost · · Score: 1
      FYI: if you use Netscape 4.x, it's likely to pop up a useless dialog to the effect that the site could not be loaded. This is far more annoying than the ad itself. For some reason, I've found that it works better if you use the (invalid) IP of 0.0.0.0. Apparently it handles the stack error quietly. This method is still compatible with IE on Windows.

      Hosts is in c:\windows on Win 9x, BTW.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    3. Re:Use your hosts file by operagost · · Score: 1

      Then launch a DOS on it :)

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    4. Re:Use your hosts file by Spoticus · · Score: 1

      There's a decent tutorial, including sample hosts files, and instructions for various OS's here . Their hosts list is kept fairly up to date.

  62. Re:They are... In canada. by Anonymous Coward · · Score: 0

    CIRA (www.cira.ca) the .ca registrar and the competition bereau of canada sued the "Internet registry of canada" not that it is not an official registry but simply a reseller as cira the actual registrar does not sell domains but only sells through resellers.

    The full story I wont bother writing but you can read it below. Canadians rejoice we dont have to take this sh!t.

    http://strategis.ic.gc.ca/SSG/ct02442e.html

  63. Annoying by Anonymous Coward · · Score: 0

    Just because you find something annoying doesn't mean it should be against the law.

    Think of it as disturbing the peace. Do I have the right to crank my stereo outside your house a 2 AM at full volume, playing my favorite music?

    Just because you find something annoying doesn't mean it should be against the law.

    Some posters are idiots, post your real address and I will bring my gear over some night and give you a dose of what is against the law in every State in America. Oh, you are prolly some foreign douchebag...nevermind. Pussy.

    1. Re:Annoying by Fastolfe · · Score: 2

      This has nothing to do with the topic at hand.

      It would be more akin to you walking into a store and finding the music they're playing over the PA system to be either offensive, loud, or just annoying. Sucks to be you. Just leave.

      If, however, someone dressed as a store rep walked up to you and said, "I'm sorry, sir, but your cell phone is emitting too much radiation. You really need to purchase this antenna shield," that would be something else entirely.

  64. Re:WHAT RELIEF FOR CONSUMERS DOES THE COMPLAINT SE by stud9920 · · Score: 1, Offtopic
    You should parenthesise to remove abiguity:
    You should learn to spell ambiguity to remove spelling errors.
  65. Anyone reminded by datadictator · · Score: 1

    of that episode of Ally Mcbeal where they suid the telemarketers ?

    Well I only saw like ten minutes, my GF is a fan, I'm not, did they win ?

    If they did - does that count as legal precedent :-)

    Anyway I guess we can safely asume that lawyers have moved beyond L.A. Law for inspiration....

  66. poetic justice by Anonymous Coward · · Score: 0

    in court they should be shown a dialog which says "to plead innocent press OK now!"
    Little do they they just pleaded guilty hahaha

  67. Bad News, Guys ... by Niet3sche · · Score: 2, Insightful

    Head here for a taste of what I'm talking about: http://www.wa.gov/biia/890723.htm Why is this bad news? Well - hit this http://www.lukins.com/bonzi/files/complaint.pdf and you'll understand. If not, I'll spell it out. EVEN IF this were to be taken seriously (not bloody likely), it looks really bad when the class representative (Philip J. Carstens) is the same dude who sued and won against his current employer for breaking a crown while lounging at work and eating their candy. It's kind of like the story about the burglar who sued for being trapped for 8 days in the garage of the house that he burgled - with "nothing" to survive on, save a case of soft drinks and a bag of dry dog food. Stupid, stupid, stupid. It's a shame that we can't have someone who hasn't rolled in shit before to take a stand. Like ... Neil Schwartzman! Or his attorney, anyway. :) Anyway ... this will go down in flames, and won't do any good - the large spam/ad houses can soak up the "annoyances" of lawsuits, and the small ones are becoming pretty obscure. Also ... does it occur to anyone that this is some stunt to say, "Hey! We now do that Internet Law Thingy (tm)!" - like a big Yellow Pages ad. Stupid, stupid, stupid. Wait ... God - WA is in the 9th Circuit ... hm. Those guys'll just take this and run with it. Woo-hoo! I'm waiting for my cash.

  68. Copyright? by justinburt · · Score: 1

    Aren't many of these intended to look like error messages from Windows XP, etc. so that people click on them?

    In this case, I'm surprised (well, not totally) Microsoft hasn't filed some sort of claim against them for copyright (or some such) infringement. Is look-and-feel copyrightable? Aren't they damaging Microsoft's brand image (by posting fraudulent "error messages"? Have there been cases of companies being sued for copying the look-and-feel of another brand?

    Thanks,
    Justin

    1. Re:Copyright? by Anonymous Coward · · Score: 0

      Yeah. Microsoft was sued once for stealing Apple's look-and-feel. Microsoft won.

  69. ISP by Anonymous Coward · · Score: 0

    as an employee for an ISP I can say that these adds are deceptive for many people, while in the help desk it happened to me a few times to talk to some irate people that knew little to nothing about computers because they though there were some serious problems with their internet connection speed or security...

  70. stop internet laws by freeefalln · · Score: 1, Interesting

    i know we're headed stragiht for it, but we need to stop internet laws. for the past 10 years its been free flowing mass, democratizing the world. yet when something like a popup ad annoys people, they want to sue. i dont understand it. i thought the people here were against any regulation of the internet.

    1. Re:stop internet laws by Pxtl · · Score: 2

      This isn't an internet law. Fraud is a illegal, internet or no.

    2. Re:stop internet laws by freeefalln · · Score: 1

      those ads are not fraud. the one about the IP address is true. its a bit sensational, but its no more than everything else in the US. I dont understand why we should call this fraud to compensate for people's stupidity. just because they can click it doenst mean they should. and just because mass of AOL idiots get online, doesnt mean we should dumb down the internet for their lack of intelligence.

    3. Re:stop internet laws by Anonymous Coward · · Score: 0

      > those ads are not fraud. the one about the IP address is true.

      You're on crack.

  71. Re:WHAT RELIEF FOR CONSUMERS DOES THE COMPLAINT SE by alnapp · · Score: 1

    no ambiguity, unless you don't know basic order of precidence.

  72. WTF! by Anonymous Coward · · Score: 1, Insightful

    >.. But really, let's admit to it, the creativeness required to think up faking an error screen to get users to click on it (think reaction vs. action) is genius.

    Yeah, and crashing planes on buildings is one the most creative way of killing people in public I've always seen. Now should we call the terrorists creativity genius?
    Why don't you judge the *purpose* of the action and the implied effects, say making money on fooled people?
    Advertising has *always* been deceiving; fake alerts are just one of the many ways people are screwed by advertisers.

  73. it _could_ make freaking sense, though by n3k5 · · Score: 1

    > how exactly do they expect to allow people
    > to connect to the internet *without*
    > 'broadcasting' the IP address?
    You're not quite right in saying this doesn't make any sense, because _in theory_ they _could_ provide a service that routes the web traffic of the average luser through a proxy that is more secure than their own machine, effectively hiding their IP from the servers they connect to, and making their internet surfing more secure indeed.

    Yes, _in reality_ the company does something entirely different. I don't know what at all, because I never clicked on one of those banners, but considering how sound and legitimate their banner looks, it's obvious that they're _really_ crooked...

    Anyway, everyone who uses a web proxy is 'not broadcasting' his IP address and gets the requested pages back just fine ;-p

    --
    but what do i know, i'm just a model.
  74. God, I hate that purple Ape! by deathcloset · · Score: 3, Informative

    I hate everything about him!!! Just read the description of him here(I hope you are as happy as I with the CGI redirect the page forces upon the user).
    the illusion of artificial life... Illusion!? WTF? Bonzi becomes more intelligent the more you browse... Just like The CIA becomes more intelligent the more they tap?
    This cute gorilla is a good companion for beginners who want to explore the Internet in a fun way. For experienced Net users, it has a certain entertainment value but does not replace more professional tools.
    Isn't that a weird way to end the description? It's almost like they're covering their asses or something.
    At any rate, there is no concealing or withholding the pure hatred and animosity I feel for this abomination by the name of Bonzi Buddy...Blech, I spit.

    1. Re:God, I hate that purple Ape! by Moshmonster · · Score: 2, Funny

      Working at a call centre helpdesk I can't tell you how many times I would take a call and low and behold the user on the other end doesn't say hi, doesn't let you greet him, all that you hear is "YOu have to get rid of this f***ing purple monkey!!!" I am all about suing Bonzi. Isn't that the American way? If you don't like it...attack it!

    2. Re:God, I hate that purple Ape! by Anonymous Coward · · Score: 0

      Does this pop up count - it popped up at that agentland.com site... oh and the link goes here

  75. Fake User Interface by neildogg · · Score: 2, Funny

    I'm sorry, but did no one else read "FUI" as fooey?

    1. Re:Fake User Interface by dilger · · Score: 1

      Absolutely! And that's why I think it's a great name.

      phooey, gooey,
      cbd.

  76. ads by katalyst · · Score: 1

    It's actually an interesting technique ; if you DO confess to falling for this, then well you aren't too bright and would think twice about letting someone else know. I guess that's why its been so successful. Well, I guess an easy follow up to this can be a simple error message, with an OK button.

    Your computer is broadcasting your IP address
    P.S : Please ignore this message if you are running Linux.

    --
    |/________
    |\A|ALYS|
  77. Re:Browser == OS by torndorff · · Score: 1

    Um, ya, in a lot of places that's against the law, especially places other than urban areas. [In the United States that is]

  78. Right Vs. Wrong For Dummies by Anonymous Coward · · Score: 0
    There seems to be a rampant ignorance of basic issues of morality and ethics in modern society, and your post is simply another symptom of it. Is it good or bad, fair or not, ethical or fraudulent?

    The basic rule of thumb for determining whether your interaction with another adult human is "right" or "fair" is: Is it consensual? Do both parties agree to the exchange?

    Fraud and deceit work into the equation of figuring out whether both parties agree to the terms of interaction because, if the terms of that interaction are not represented fairly, then it is impossible to make a decision to consent or not, based on the information at hand.

    This company is, of course, intentionally trying to misrepresent the terms of communication between themselves and their customers, because they know that if they accurately represented who they were and what they were offering, nobody would click on the links. Thus, when someone clicks the link because they think it's a dialog box, they are not consenting to view advertising about a product or service. Hence, fraud or deceit. This is bad.

    If you didn't know all this before you read my post, please go back to kindergarten and try to get a good grade on "plays well with others" before being passed up to the next grade by your public education system. Thank you.

  79. FAQ by nuggz · · Score: 2

    Make a FAQ, I'd like to see the answer you give them.

  80. Lawyers? by Jezral · · Score: 1

    They may be lawyers, but they sure as hell can't make a website.
    Missing html, head, title, etc...ew ew ew...

    And we are supposed to think they can get through with this lawsuit?

    (yes, I'll also send this to their 'webmonkey')

    -- Tino Didriksen / Project JJ

    1. Re:Lawyers? by metachimp · · Score: 1

      Well, they probably didn't do it themselves, ya know. They obviously hired someone to make their site, who should have known better...

      --
      The system has failed you, don't fail yourself. --Billy Bragg
    2. Re:Lawyers? by terrymr · · Score: 2

      HEAD tags are optional according to the standards.

  81. When will be they counter-sued... by jki · · Score: 2
    ...for displaying the samples of the graphics apparently created by/for Bonzi software...I think that's a more clear case eventhough the moral behind doing so might be good. :)

    The attacking lawyers provide some samples of the ads they say are misleading.

  82. I don't see any Bonzi ads by Anonymous Coward · · Score: 0

    Ah, the wonders of Mozilla...

    I think it was one of the first sites I blocked.

  83. I wish them luck on my system by wowbagger · · Score: 5, Funny

    I can just see a server running your suggestion now:

    "Hmmm. Mozilla on Linux. Crap! what theme is he running. Well, I can guess it's not KDE, since he's not running Konq. But is he running Sawfish, Blackbox, or TWM95? Crux, or one of those themes from Bowie Poag?

    Screw it - he's probably blocking me anyway."

    1. Re:I wish them luck on my system by Anonymous Coward · · Score: 0

      Or they could throw you for a loop, and put a picture of a woman up. This would confuse people like you who apparently care so much about your desktop themes, or the awesome capabilities of your windowing environment.

      loser.

  84. Like cleaning products? by m00nun1t · · Score: 3, Insightful

    These ads remind me a little of cleaning products ads, the ones that portray germs everywhere and you must buy new "PineOClean Deluxe Floor Cleaner" to get rid of them. I'm convinced these ads, while based on a small amount of truth, play a significant part in encouraging the germ paranoia in society.

    These banners ads are the same - well, yes, strictly speaking you ARE sending your IP address, and yes, hackers can use that against you, but you and I know that in 99.9999999% of cases it's a non-issue. But your mum doesn't, nor does mine. So, they will become increasingly paranoid. And that's bad for all of us - like many of you, I make my living off the net. More paranoid = less willingess to try new things = less money spent on the net = less money for my family.

    So let's sue the bastards. What the legal grounds are, I'll leave to the lawyers. That's just the reason I *want* to see them go down.

  85. So how do they remedy the broadcasting? by Old+Wolf · · Score: 2

    Seen a lot of posts on this story but nobody has broached the second question that comes into my mind when I see these ads..

    What does their software do to stop you 'broadcasting an IP address' ?

    (The first question that comes to mind is, of course, what do they mean by 'broadcasting'; I would guess that they mean that if you go to a website then that website can see your IP. Hence my second question.)

    1. Re:So how do they remedy the broadcasting? by andfarm · · Score: 2
      It apparently installs a simple personal firewall program.

      Note that this does not prevent you from `broadcasting an IP address'; it just protects (?) you from attacks.

      --

      TANSTAAFI: There Ain't No Such Thing As A Free iPod.

  86. Takin' care of business by Fished · · Score: 2

    Look guys, there's a simple way to get rid of these people: every time you see one of their ads, click on it 10 times, then move on. They almost certainly pay a significant amount of money for click-throughs, so you can readily drive them out of business pretty quickly.

    --
    "He who would learn astronomy, and other recondite arts, let him go elsewhere. " -- John Calvin, commenting on Genesis 1
  87. justice won't be done by HBI · · Score: 2, Insightful

    After reading many such tales of class-action lawsuits, I can predict the results:

    • The plaintiff's theory will probably fly, though the actual damages will be significantly less.
    • It'll take years to litigate.
    • One third of the damages will go to the lawyers, as usual.
    • The remainder will be distributed in penny packets to the plaintiffs.
    • Bonzi's rank and file employees will be jobless.
    • The owners of Bonzi will get off scot free, as the corporation will take the hit, not them, individually.

    So, in essence:

    • The employees lose out on a job, and income.
    • The lawyers make out like bandits.
    • The parties damaged get inconsequential renumeration.
    • The principals of Bonzi laugh all the way to the bank.

    Note i'm not suggesting the employees are blameless here, but they are regular people, i'm sure, who just go to work every day.

    Somehow, this doesn't seem to be much of a deterrent to setting up a spamhaus. What's to stop them from setting up another deceptive spam outfit using the capital from this firm? They made out, after all.

    A good way to make civil penalties hurt those responsible is what is needed. Perhaps limit the protection that corporations provide their officers/stockholders? Let civil penalties for corporations translate into incarceration for those responsible for such damages? Seems harsh, almost un-American, but where is the solution otherwise?

    Otherwise, the whole thing seems futile.

    --
    HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
  88. Connection Not Optimized by Old+Wolf · · Score: 5, Interesting

    Actually, while I'm here, regarding the "Your Internet Connection is Not Optimized" message, does their software include features to disable seeing this popup once it's installed?

    If you install their software and still get the "....Not Optimized" popup, then I think the lawsuit deserves to, and will, succeed.

    1. Re:Connection Not Optimized by WWWWolf · · Score: 1
      Actually, while I'm here, regarding the "Your Internet Connection is Not Optimized" message, does their software include features to disable seeing this popup once it's installed?

      The "optimizer" program is reportedly just an expensive program that messes with the Windows PPP properties (completely according to any FAQ file that people with a half a clue could find with 30 seconds of googling). It'd be far-fetched to expect it to do that. Then again, I don't really know if it's smart enough to do that. =)

    2. Re:Connection Not Optimized by Anonymous Coward · · Score: 0

      I'm guessing your computer will be even less efficient than it already is after you install their spyware...

  89. No ! Don't sue them ! by stud9920 · · Score: 2

    Next, I would have to PAY for my bonzi buddy !

  90. You are broadcasting an IP address popups by Anonymous Coward · · Score: 2, Funny

    My boss, the "LAN Manager" where I work fell for this one. She had a printscreen of it and was asking me if I had ever seen the error message before. I almost died on the spot.

  91. Happy "privoxy" user by erwten2000 · · Score: 1

    I did those those irritating "ip warnig" pop-ups in a Windows 98 box with IE. Now I'm back to using debian-woody and I've installed privoxy.

    Privoxy is the success to the Internet Junkbuster and I'm very happy with it, along with galeon and mozilla.

    The less junk/java/java-script/shockwave non-sense (I could use foul language here), the better.

    You can find privoxy on sourceforge.

    e.

  92. It's not a done deal folks... by bovinewasteproduct · · Score: 2

    It is not a done deal.

    Sure this law firm has filed the law suit, but until the judge certifies it as a class action, it is worthless.

    There are plenty of class action suites filed each year, but only very, very few are certified with this many people (two or three a year).

    Who knows, if Bonzi is a private company, they could just shutdown and boom, no more ads, and no money...

    BWP

  93. Proliferation of scare tactics by salesgeek · · Score: 3, Interesting

    I don't like the trend towards scare tactics in advertising. Pharmacutical companies with the "Every year 10s of thousands of people die a slow and painful death from _____... Ask your doctor if the _____ is right for you..." pitch... "Your PC is broadcasting an IP Address... hackers can use it to gain access to your computer click here for magic solution..."

    It's got to stop. Using fear to generate business is just one shade of grey from coersion. I hope the lawyers clean their clocks.

    $G

    --
    -- $G
  94. IN SOVIET RUSSIA.... by Anonymous Coward · · Score: 0
    Bonzi sues YOU for not paying every time you view one of their ads!

    Oh, wait a minute...

  95. Guys.. by Thaelon · · Score: 1

    It seems like the vast majority of you are saying that you aren't tricked by these ads, but you moms are....guys, you should know better than to let you your mom use the intarweb unsupervised.

    --

    Question everything

  96. Windows Explorer Look-alike by Professor_Quail · · Score: 2, Interesting

    All I've seen in the discussion so far are people mentioning pop-ups that look like Windows dialog boxes, and 'Your Computer Is Broadcasting an IP address'...but what about those pop-ups that look like Windows Explorer...I would think that would be even more confusing to an average user than a dialog box.

  97. Re:This is what a class action should be all about by TheRIAAMustDie · · Score: 1

    The other FTC:

    FTC - FaceTheCrowd.com

    --

    Don't think that a small group of dedicated individuals can't change the world. it's the only thing that ever has.
  98. Bonzi "Privacy" Statement by Anonymous Coward · · Score: 3, Informative

    Bonzi Privacy Statement

    Highlights:

    "...we also collect e-mail addresses from users
    who send us support mail or request technical or other help..."

    "... our servers log your IP address ..."

    "... we share web site usage information about visitors to our sites with such company for the purpose of managing and targeting advertisements on our sites. For this purpose, we and our third-party advertising company note some of the pages you visit on our sites through the use of pixel tags (also called clear gifs)..."

    "Our sites contain links to sites other than our own. Those sites may not follow the same privacy policies as BONZI.COM."

    There is no link from the BonziBuddy page to any of this information. But you'd probably expect that ;)

    1. Re:Bonzi "Privacy" Statement by Zoolander · · Score: 1, Insightful

      It's always this 'Newspeak' with these shady companies. If they're collecting info about you and your dog, they tell it in a 'privacy statement'. It's the same with DMCA: they wan't to call it 'DMCA - enabled', when in fact they are crippling your computer. One other little gem is the 'Initiative For Software Choice'. Choose any software you like, as long as you choose ours... Bleh. It's starting to be like the old Soviet propaganda in some ways.

      --
      Meep.
  99. hmm, I wonder? by briancnorton · · Score: 2, Interesting

    I wonder why it's so hard to run an Ad supported website these days? This kind of litigation makes me sick.

    --

    People who think they know everything really piss off those of us that actually do.

    1. Re:hmm, I wonder? by CharlieO · · Score: 2

      I wonder why it's so hard to run an Ad supported website these days?

      Because net advertising pretty much makes no money. Period. The world has changed and the response rate to Ads is terrible. Deal with it.

      This kind of litigation makes me sick.

      I'm sorry?

      You support companies that earn money by decieving and defrauding the less well educated and skilled then?

      You wouldn't want the laws of advertising that apply to print media and broadcast media to be applied online as well?

      It doesn't bother you that a company lies to your site visitors to persuade them to install software on thier machines, so long as you get a couple of cents?

      I agree it should not be up to a private company to press a class action for something that clearly should be investigated by the relevant government authority (ASA here in the UK), but at least something may be done about it.

    2. Re:hmm, I wonder? by briancnorton · · Score: 1

      It doesn't bother you that a company lies to your site visitors to persuade them to install software on thier machines, so long as you get a couple of cents? No, it dosent. It dosent bother me a bit. I agree it should not be up to a private company to press a class action for something that clearly should be investigated by the relevant government authority What is the british fascination with regulating everything? Seriously? De-regulation breeds innovation and competition. You may find it sleezy, but dammit part of living in a free society is letting people AND COMPANIES be free. They arent doing anything to your computer, you can turn off their ability to pop up ads at all (turn off javascripting) They are being creative. If they didnt do it, somebody else would have.

      --

      People who think they know everything really piss off those of us that actually do.

    3. Re:hmm, I wonder? by CharlieO · · Score: 1

      What is the british fascination with regulating everything? Seriously? De-regulation breeds innovation and competition. You may find it sleezy, but dammit part of living in a free society is letting people AND COMPANIES be free. They arent doing anything to your computer, you can turn off their ability to pop up ads at all (turn off javascripting) They are being creative. If they didnt do it, somebody else would have

      1) Being British isn't the point - the adverts in your (I'm assuming US) juristiction carried by broadcast and print media have laws governing what they can and can't say.

      2) A large amount of UK, and EU come to that, regulation is to do with enforcing fair competetion so that we don't get monopolies such as Bell.

      3) Fraud and deception are criminal offences in most juristictions. For instance putting a false ATM cardreader up to skim card details is illegal - the crux of this case is by putting up a false dialogue box this is the same.

      4) They are doing something to your computer - they are decieving you into installing thier software.

      5) Turning off javascripting will make a large number of sites non-functional - this is the same level of advice as avoiding being in road traffic accidents by not driving - it works but its not practical.

      6) People are not free to do what they want in society - if that was the case you would live in an anarchy not a democracy. Otherwise people would be free to kill you, free to walk into your home, free to take what they want. Free societies have responsibilites too.

      Note I am not making a case against advertising - you are free to do that in anyway that is legal.

  100. What about regular users by Alehandro · · Score: 1

    I don't think that most of Slashdot readers will be tricked. We have HOST file. What our moms and other computer "users" will do. And they are majority of computer users. I laughed my ass off seeing those banners. Someone elsi will click on it and install. Scary

  101. Along Similar Lines... by NeuroManson · · Score: 4, Insightful

    One problem I've been wondering about with most Windows browsers (not sure about Netscape, I haven't trusted them since 4.x, and it's tendacy to completely nuke Win9x with every error): Bonzi, and CometCursor both pop up an ActiveX prompt asking if I want to install their spyware.

    My question is pretty simple, why is it that the ActiveX prompt has a checkbox for "Always trust software from such and such", but none for "Never trust software from such and such", or at least a "Never ask me again" checkbox? This just strikes me as remarkably stupid. Especially since there's a lot of cleaning up one would have to do if anyone makes the mistake of checking off the "Always trust" box, when prompted to install spyware into their browser.

    --
    Just because you can mod me down, doesn't mean you're right. Shoes for industry!
    1. Re:Along Similar Lines... by kindbud · · Score: 2

      I don't know the answer to your question. I suspect it is the same answer for my question:

      Why, if I turn off Javascript in IE, must I always and forever receive a popup warning me the website may not work as designed with my current security settings. I KNOW IT MIGHT NOT WORK AS DESIGNED, THAT IS THE ENTIRE FREAKING POINT, SO STOP REMINDING ME. There appears to be no way to have scripting disabled, and avoid the constant reminder that I'm "missing out." I resorted to PushTheFreakinButton (PTFB) to press that OK button for me every time the security popup appears. Is this not the stupidest thing you have ever heard: I gotta get a 3rd poarty utility to push a button that ought not to be there in the first place? Geez!

      --
      Edith Keeler Must Die
    2. Re:Along Similar Lines... by BandwidthHog · · Score: 2
      Why, if I turn off Javascript in IE, must I always and forever receive a popup warning me the website may not work as designed with my current security settings.
      Simple. You're being 'punished' for making the 'wrong' choice.

      Same reason if I set cookies to prompt, in clear and direct violation of Microsoft's best interests, I will be spammed with dialogs to click through for every single freaking cookie. Perpetually. With no chance for a "remember this decision" or "decline all cookies from this site" button. Ever.

      I'm sure the only reason they don't yet pretend to block popups with IE is that even their sheeple would realize that warning users "the popup could have contained valuable information and that the web site may not offer the full experience it's designers intended without you acknowledging this window's presence" dialog box every fourteen seconds wouldn't be too much of an improvement.
      --

      Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
  102. WARNING! by Anonymous Coward · · Score: 0

    Your webpage was just advertised on Slashdot! This website is funneling a huge amount of traffic at yo

    --- +++

    NO CARRIER

  103. guess I'm in the minority on this one by calethix · · Score: 0, Troll

    I hate annoying ads as much as the next person but I don't think that makes it illegal. Let's take a look at the ads they have listed.
    'Your computer is currently broadcasting an internet IP address. With this address, someone can immediately begin attacking your computer.'
    'Your current connection may be capable of faster speeds. Download InternetBoost now.'

    'Your Internet Connection is not optimized. Download InternetBoost 2001 now.'
    I don't see how those are all that deceptive except for maybe the last one since I seriously doubt they check to make sure your 'Internet Connection is not optimized'.
    Oh but it looks like a Windows message. I guess by that logic we should file a class action suit against Walmart for all their generic brands products that look like the non-generic version. Or maybe we should sue McDonalds because their Big n Tasty looks bigger and tastier in the commercials. We all know Hamburglar is a thief, why wouldn't he try to rip us off?
    Seems kind of hypocritical to me that most people here are pro-lawsuit on this issue but then on most other issues are all worried about government control and frivalous lawsuits.

  104. Oh, no...my they know my firewall's IP address... by Rubel · · Score: 1

    it is pretty funny to see a dire warning about my firewall. Sort of like the daily IIS hack attempts I see in apache's log. good ole OpenBSD!

  105. They don't need to know what theme you're running. by TheConfusedOne · · Score: 3, Funny

    The minute they see Mozilla on Linux they could just pop up one of two ads for a click:

    1) MS dissed on SlashDot! Read all about it here!

    2) 1337 H4x0r g1rls h3r3!!!

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
  106. Newspaper and magazines do this all the time by jhawkins · · Score: 1
    Newspapers and magazines run advertisements that look like real stories/articles often. The ad is typed up to look like a press release or a real newspaper story, and at first glance, they do. Until you realize the typeface is a little different, and (obviously) its text is simply marketingspeak. When they do this, they must have a small disclaimer at the top or bottom.

    Come to think of it, it may not be some sort of requirement to add the "Paid Advertisement" disclaimer, it may be some thinking by the newspaper editor to avoid complaints from stoopid people who might buy the advertised product and be disappointed.

    I don't know if TV stations are required to post their "The following is a paid commercial advertisement for "Girls Gone Wild Snoop Doggy Style", or if this is something the TV channels choose to do no their own...

    Does anyone know if any type of consumer protection agency requires such a disclaimer, or is it done by the media outlet?

    Why not require Bonzi to do the same?

    1. Re:Newspaper and magazines do this all the time by rgmoore · · Score: 1
      Come to think of it, it may not be some sort of requirement to add the "Paid Advertisement" disclaimer, it may be some thinking by the newspaper editor to avoid complaints from stoopid people who might buy the advertised product and be disappointed.

      There is a legal requirement that any and that is designed to look like normal content must be clearly labeled as an advertizement. In fact, the legal requirement is rather stringent, so that things that you might not think of as advertizements are legally classified as such and have to be labeled. A good example is that some scientific journals have a fee for publishing articles. That makes the articles technically advertizements under the law and they have to be labeled that way, even though they don't qualify as ads by the layman's definition.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    2. Re:Newspaper and magazines do this all the time by cpt+kangarooski · · Score: 2

      What, specifically, is this legal requirement. Can you provide a citation. We discussed this issue pretty thoroughly in class, and concluded that such labeling could easily be an infringement of free speech. (damn that 1st A ;)

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:Newspaper and magazines do this all the time by Anonymous Coward · · Score: 0

      its promoting free speech in my opinion.
      by clarifying it. lying is not always protected free speech.

      and i am a HUGE free speech freak. :) outside of direct immediate and wrong information, the good old fire in a theater, free speech should be protected.

      i can cause a panic and get people to riot if i had some very bad information, should i be protected, i believe so, because the information is correct.

    4. Re:Newspaper and magazines do this all the time by cpt+kangarooski · · Score: 2

      I know that it clarifies it. But it does not serve to promote free speech. If people know that something is an ad, they won't look at it. If spam or banners, etc. are uniformly labeled as ads, they are likely to be filtered extremely heavily and this prevents people from speaking effectively or having an audience... due to government regulation mandating the labeling.

      A hard sell is not fraud. Sales puffery is not fraud.

      Believe me -- I like free speech, and I hate ads, but I really don't see a way to force useful labeling of ads in such a way that, say, I might not have to see them.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  107. What gives them spammers right to use my bandwidth by Anonymous Coward · · Score: 0

    E-mail spam should be treated just as fax advertising... Slap them with fines and the society will benefit from it.

  108. Must not have to deal with it by DSL-Admin · · Score: 1

    Those of you complaining about this must not be in the Internet Business.... I for one am glad, I get sick and tired of customers computers coming into the office with that Bonzi Buddy crap on it, I hate the pop up ads, and atleast 5-7 times a day I get calls from people that say "I know I shouldn't have done this, but:.." and is usually followed by whatever popup they clicked on

  109. Economy by hackwrench · · Score: 1

    You don't know how the economy works. Bonzi is a drain on the economy. The people working for bonzi would be better put to use working for some other company that might happen to buy ads on internet sites.

  110. Good! Some Action! by zeropanic · · Score: 1

    Maybe now Symantec will take my claims of registering bonzi buddy as a virus seriously. *evil grin*

  111. Phooey... by pythorlh · · Score: 1
    "Through use of such Fake User Interface ("FUI") dialogs"

    I always wondered what "Phooey" meant. Now I know.

    --
    Do not confuse duty with what other people expect of you; they are utterly different.Duty is a debt you owe to yourself.
  112. I think I speak for all of us when I say..... by ninjadoug · · Score: 1

    eh?

  113. they made bonzai buddy?if they did they can rot in by terrox · · Score: 1

    did they make bonzai buddy? if they did they can rot in h3ll. I have never installed it, but I know lots of middle aged people have and the stories are all the same "can't remove this evil thing!"

  114. DO NOT CLICK PARENT!!!! by CTho9305 · · Score: 1

    shit-fountain link

  115. 'Corporate Unaccountability' Clauses in HSA by lylonius · · Score: 2

    This year's Homeland Security Act grants liability protection to corporations which are currently involved in class action lawsuits regarding their products.

    This provision gives liability protection to Eli Lilly and other pharmaceutical companies that make a mercury-based vaccine preservative (Thimerasol) that leads to autism in children. It is unclear if the bill pertains only to the "safety" of products, or if it will protect Bonzi in this case.

    But anyhow, in addition to compromises to the Freedom of Information Act, exempting Homeland Security Dept from the Federal Advisory Committee Act (FACA), and other compromises to our privacy, the bill will seriously undermine corporate accountability,loaded with just about all the bells and whistles Republicans and corporations wanted.

    1. Re:'Corporate Unaccountability' Clauses in HSA by lylonius · · Score: 2

      As a follow-up, it appears that the liability protection that was given for vaccines before the HSA was passed would be extended to vaccine ingredients, such as the disputed preservative thimerosal.

      The Lieberman-Daschle amendment tried to strike this Republican substitute from the HSA, but didn't get enough support from the rest of Senate.

      http://www.senate.gov/~gov_affairs/111502summary.p df

  116. Worked for me! by topografix · · Score: 1

    I ran a banner ad for my GPS software company which was designed to look like a Windows dialog. It got a 5 percent clickthrough rate, when the average clickthrough rate was 0.5 percent. (It was running on an outdoor mapping website, so it was targetted advertising as well.)

    Here's the banner ad.

    Is it effective? Very.

    Is it misleading? A bit.

    Is it illegal? I don't think so. IANAL.

    Will it increase the size of your penis? Yes, but only if you ACT FAST and buy today! (Larger penis requires mail-in rebate)

    1. Re:Worked for me! by Anonymous Coward · · Score: 0

      I hate you.

    2. Re:Worked for me! by shepd · · Score: 2, Informative

      I know you don't want to hear this, but your ad is the equivalent of making a 3-foot orange steel rectange, painting a black border on it, putting the word "Detour" with and arrow, and placing that sign on the road 50 ft. in front of the entrance to your store.

      Does the cancel button function? It doesn't appear to. Does the fake dialog do what it said it would? Nope. Are you selling something? Yes.

      This all comes under misrepresentation, and, AFAIK, that's not legal, especially if you're trying to hawk your goods.

      Just my 2 cents. I really don't care too much about these popups, or yours... they benefit my business (I get paid to remove all this spyware...)

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    3. Re:Worked for me! by Anonymous Coward · · Score: 0

      Do you deserve to rot in hell? Yes.

    4. Re:Worked for me! by Anonymous Coward · · Score: 0

      So... you were only interested in clickthrough, and not actual sales for the product? Confidence in your company would go DOWN for pulling a stunt like this.

  117. Fake User Interface by The+trees · · Score: 1

    If GUI is pronounced "gooey", that would make FUI "phooey". Sounds like a good description of these ads to me.

    --
    $ make work
    make: *** No rule to make target `work'. Stop.
  118. 1st Amendment rights by Anonymous Coward · · Score: 0

    I find it amusing that the Slashdot crowd is, for the most part, all in favor of personal freedom and their rights - until the law targets something they don't like. Freedom cuts both ways. What has Bonzi done that is wrong? Telling me that I have an IP address?
    I'm becoming convinced people here are anti-DMCA because they want to pirate, not because they see the unconstitutionality of it. Otherwise they'd see this as another erosion of 1st Amendment rights - Bonzi's.
    People should be ashamed of themselves for looking for the payout from this lawsuit. It's no different from walking into a store that they don't like and robbing the cash register. If you don't feel that way, wait until someone sues you for slipping on your icy sidewalk, claiming they were mislead through the absence of snow into thinking there was traction.

    1. Re:1st Amendment rights by Type_O_Negative · · Score: 1

      The problem is, they're not telling you that you have an IP address, they're telling you that you are "broadcasting" your IP address to everyone and their mother. Basically, they're preying on stupid people's fears that the internet is a very scary place and everyone is out to get them. What's worse is the fact that they're "disguising" the ad as something else--a Windows error message in this case.

      Television, newspapers and magazines and such--or "content delivery methods", if you will--clearly distinguish ads from content. If it's not obvious that an ad is really and ad (as in, it looks like content), it will be marked at the top with "special advertising section" or "paid advertisement". Bonzi's ads are attempting to appear as content without any indication that they are an ad.

      Yes, most of us smart folks know the difference between a pop-up ad and an error dialog, but there are a lot of those out there who don't. I'm all for the idea that people should know how to use a tool before they start futzing around with it (i.e., know how to use that drill before you start drilling holes in stuff you shouldn't be drilling, like your finger). However, now that most everyone has a computer, you really can't expect that out of people anymore. It'd be nice, but that's not the way the world works. I think that advertisers should follow the TV/newspaper/magazine route and make it blatently obvious that they are displaying an advertisement. If no one clicks on your ad, tough shit...maybe that's due to the fact that you're selling a crappy product.

      And as far as that sidewalk thing goes, just don't shovel it. You can't get in trouble for doing a bad shoveling job if you don't do it in the first place.

  119. Strategic Search Engine Strike by Anonymous Coward · · Score: 0

    What do you want to bet that behind the names on this class action suit is a search engine or multiple search engines? They've been going after traditional web advertising all year long. First one engine flamed popups, then another went after text based newsletter advertising, another slammed affiliate sites, another banned a text based advertiser resulting in a lawsuit - and now this!?

    btw: bonzi was one of the few big banner andvertisements left keeping thousands upon thousands of small mom and pop sites from going out of business.

    A few of the engines (one inparticular) is fastly becoming the Microsoft of Search (MoS) and flexing Microsoft like muscle actions and pettiness.

    1. Re:Strategic Search Engine Strike by miketartan · · Score: 1

      Why do people not stick to non-advert searches, like DMOZ http://dmoz.org/ and the UK's Onesite.info http://www.onesite.info/

  120. Deceptive advertising by coyote-san · · Score: 4, Informative

    Do you have a domain registered through NetSol? Have you paid your $960 advertising fee to that company yet? You know the one, it sends out an invoice once a year or so.

    When I got it, I knew it was bogus (it said my ad would list me under gas stations or something like that), but it also looked like any of the other invoices my small business dealt with. Anyone not intimately familiar with my business dealings would probably have paid it without a second thought. It's only after you carefully read the entire document that you see very small print admitting that it was a solicitation, not part of an ongoing contract... although once you fall for the scam once you'll get real invoices for years.

    In that case the issue isn't whether or not they can create business directories and a kilobuck for the entry. It's that their ads are literally indistiguishable from invoices without careful study or intimate knowledge of the particulars.

    It the same thing with Bozo Software. The issue isn't so much the product they offer, it's the fact that their advertising is deliberately designed to be look like legitimate system messages. They stand out on Linux boxes, but on a Windows box they can fool even experienced people who don't exercise extraordinary care.

    The content of the messages also tend to be deceptive. As others have pointed out, "broadcasting your IP address" is a term of art, popup ads are incapable of checking IP stack performance, etc.

    --
    For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
    1. Re:Deceptive advertising by rynthetyn · · Score: 1

      I keep getting phony invoices like that from the newspaper in the town where I go to college. They are even worse than the NetSol invoice you mentioned because there isn't even a disclaimer anywhere saying that it's a solicitation. The invoice is the exact same invoice that they would send if you actually do subscribe, and it says that I owe a bunch of money for a newspaper that I don't want, and would never subscribe to. I think that it even says that the money for my subscription is overdue or something like that.

      Hmm, maybe I could sue for deceptive advertising.

      --
      Eagles may soar, but weasles don't get sucked into jet engines...
    2. Re:Deceptive advertising by siphoncolder · · Score: 1

      That makes me wonder if these lawyers could use the recent Verizon case as precedent - Verizon was sending out "ads" disguised as domain expiry warning bills, when in fact filling out the "bill" and sending it back would transfer your current domain to their trust. Pretty sneaky, and the courts told them "stop that".

      --
      i'm amazed that i survived - an airbag saved my life.
  121. Wha? by Ryosen · · Score: 1

    I must have fallen asleep that day in my Economics class, because I don't understand your argument. If anything, Bonzi is helping the economy by employing those people. If they weren't working at Bonzi, they would be part of the pool of people who are competing for other jobs and contributing less money to the overall economy. Quite the opposite, Bonzi is employing people who, in turn, use their salaries to buy other things, thereby putting money back into the economic system, thus helping the economy.

    If you want to argue their liability on the basis of deceptive advertising, that's one thing. But please don't suggest that they are negatively affecting the economy.

    --

    Ryosen
    One man's "Troll, +1" is another man's "Insightful, +1".
    1. Re:Wha? by Anonymous Coward · · Score: 0

      Going out on the streets and executing all the jobless and homeless who are a drain on our social problems would help the economy too. But nobody would ever defend that... so why do you defend an immoral company who has *LYING* at the basis of its business plan, simply because it proves a few jobs?

      Give your head a shake, please.

    2. Re:Wha? by Ryosen · · Score: 1

      OoOoOoOoh, lookie! Flamebait! From an AC, too! Bonus!

      Anyone who actually bothered to read my comment should have no difficulty in coming to the conclusion that it was, in fact, not an endorsement of Bonzi's deceptive practices, but merely a respone to the overall statement that employing someone hurts the economy.

      Please don't interpret this reply as a validation of your opinion. If you can't stand behind your remark, why should the rest of us?

      --

      Ryosen
      One man's "Troll, +1" is another man's "Insightful, +1".
    3. Re:Wha? by uncoveror · · Score: 2

      Yeah, and the mafia is a legitimate business that employs thousands. Have you signed up for Prepaid Illegal Services?

      --
      The Uncoveror: It's the real news.
    4. Re:Wha? by Lemmy+Caution · · Score: 2
      If they weren't working at Bonzi, they would be part of the pool of people who are competing for other jobs and contributing less money to the overall economy.

      For a little while, perhaps. If they have real skills, however, ultimately they will produce goods and services that have value to others, for whom other people will give them money, with which they can purchase goods and services that they want from others. Just because money is moving around doesn't mean that value is being created. When people are "employed" in trades that produce no value, there's something called opportunity cost. The whole economy would get more for its buck if they were just given the same money to stay at home and not do *anything,* and far more for its buck if they are producing something that is actively valued by others,

  122. Fines don't work by EEgopher · · Score: 2, Insightful

    Fines are a joke; the successful company will laughably pay them off -- monthly if necessary -- and keep on scaring grandma.
    It's like fines for speeding. $300 is nothing to the guy with a Porche. He will gladly pay an extra $300 per week to get to/from work faster, but on the other hand, $300 could be an entire week's pay for the family man of 5 kids who will lose his job if he's late once.

    Fines aren't fair, and do very little; they keep the already-honest people at bay.
    Firm legal action always brings down crappy institutions eventually . . .

    --
    hi, I like pancakes -.-- -.-- --..
  123. Routers, no internet IP at all! by phorm · · Score: 2

    Joining the bandwagon, but I'll contradict a few arguements

    "Your computer is broadcasting an internet IP address...blah blah blah"

    OK, so first of all as most people have said, most computers don't "broadcast" per say, they just make public. Secondly, what if you have a router (or as I use, a LEAF firewall). Even if you were to misconstrue "public" as "broadcasting", my computer doesn't even have an IP address public to the internet... it's part of the LAN (the router handles all the internet stuff). In this case, the ad has even less validity.

    In other words, it's a lie. For many who receieve this "global-encompassing-adspamcrap", it doesn't apply at all, but may trick the feebleminded into thinking that their computers are insecure.

  124. The above message brought to you from Bonzi by JohnnyBolla · · Score: 2

    Get Opera. Hit F12. Select "refuse popups"

    --
    Carpe Deez
  125. "Few wealthy Lawyers" story by mekkab · · Score: 2

    Yes the FTC should have stepped in, and didn't. This is where the lawyers come in.

    Now this corporation needs to be beaten down. This won't just "benefit" the lawyers but it will also benefit the people by hitting a corporation for wrongful practices where it matters most: MONEY.

    It isn't about what gets done with the money awarded as damages (I think the best example was the SPRINT PCS settlement where users were sold a system that Sprint intended to get rid of without a clear upgrade path. The deal for the users wasn't even as good as the deal any schmuck could get by walking into radio shack!)- but the fact that this company had to pay.

    This affects their bottom line, and share holders get angry when corporate officers mess with their profits. And given today's corporate climate, thats enough to get you lynched.

    Even if Bonzi isn't a publically traded corporation with a board of directors and share holders, its still "in it for the money", and this hits them where it hurts.

    IANAL, etc. etc. etc.

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
  126. Greed in lawyers and businesses can balance by wytcld · · Score: 3, Interesting
    This is EXACTLY about lawyers getting rich. Our broken legal system drives this stuff. That said, I think it's Very clear that this is a case of deceptive advertising. However, a class action suit is not the answer. The FTC should be the agency that goes in and fines them a couple million bucks, and forbids them from doing that crap in the future.

    Given that it's fraud, given that there are two options for legally stoping it, one requiring action by a department of the federal government, the other requiring action by private lawyers (both in name representing citizens) - you'd really rather have the government get big and all-responsible rather than encouraging individual initiative to pick up the slack? Which creates the more free society? Is a rich lawyer more of a threat than a powerful bureaucrat?

    When Republicans urge "legal reform" it amuses me because Republicans are supposed to be in favor of leaving things to private initiative and shrinking the role of government. Of course, what most of them really seem to favor is that citizens have no recourse to effective action either via government or via individual (or group) initiative against business which have defrauded or harmed them. This is basically a transfer of the government's power to the corporations this would shield.

    Given the alternatives, I'm all in favor of encouraging as many greedy lawyers as we can get into the field. As in any ecology, if one species gets all the good stuff, the ecology as a whole is degraded. But if you get different, individually greedy species into balance you can get a highly-functioning system. Having the government come in to support one greedy group (businesses) against another greedy group (lawyers) just because they're greedy throws the whole system - in which greed can balance itself out for the larger good - out of whack.

    --
    "with their freedom lost all virtue lose" - Milton
  127. Re:WHAT RELIEF FOR CONSUMERS DOES THE COMPLAINT SE by RabidOverYou · · Score: 1

    I have a floppy write-protect tab (remember those?) on that page in K&R.

  128. Re:WHAT RELIEF FOR CONSUMERS DOES THE COMPLAINT SE by LostCluster · · Score: 2

    Expressed another way... "More money than they have." Let's see, they just finished reading Chapter 6, next comes...

  129. While at parents over Thanksgiving... by Fastball · · Score: 2

    I had to use their PC which has Windows ME and IE installed. I use Linux and Mozilla at home and work, and I had forgotten what a scurge pop-ups were until I did some browsing on their machine. My GOD! Why does anyone bother to surf if they're using IE? Between banner ad image blocking and Javascript handcuffing, Mozilla is the bomb. It kind of reaffirmed why I'm a reticent, bitter bastard when it comes to popular computing.

  130. The FTC's idea of legit business by swb · · Score: 2

    What's sad is that the FTC's idea of legitimate business (and many MBAs' idea of legitimate business) is what most ordinary people consider deceptive and/or fraudulent behavior.

    If employees acted the same way lots of businesses and advertisers behaved, they'd get fired. If spouses acted that way, they'd be divorced. If friends acted that way, they'd become enemies.

    Why is it acceptable to conduct commerce in a manner that would, in any other relationship sphere, be considered dishonest behavior? It's this "If I can get away with it" morality that really turns me off, and its pervasive in politics and business.

  131. The big boys want to lie also by BeBoxer · · Score: 2

    It's not just little fly by night Internet operations that think they should be able to deceive the public. Nike is also in court defending it's right to deceive the public. The spin on this case is all over the place depending on the source. Do a google search for "nike first amendment" if you want to learn more. That will give you links to both sides arguments.

  132. Detour Billboard by DCookie · · Score: 1

    I guess I better take down my giant billboard on I-5 that is bright orange and says "DETOUR: Next exit, right on 12th St" and is landing me customers at my resteraunt (which is the only thing on 12th St (a dead end).

    Would that be illegal? Posing my ad as a legit street sign? That's kinda what they're doing, right?

    -DC

    (NOTE: I don't own a resteraunt... this is just an analogy)

    --
    My SIG is a SG-552 Commando
  133. Lukins and Anus? by Anonymous Coward · · Score: 0

    Is this the goatse.cx's law firm?

  134. Who is really to blame here? by Anonymous Coward · · Score: 1, Interesting

    Yet another nice pointless lawsuit. Another amazing waste of time and resources for the district court that will hear this case.

    After reading other posts here, you have to stop and wonder who exactly is at fault here? The Bonzi Creative Ad department? Or the average end user for being stupid?

    Most of us here have done some sort of user support over the years so we have been acquainted with the wide myriad of strange problems that have come up that really were nothing more than silliness on the part of the user not knowing any better. Yes, they are a waste of time and a good source for jokes when you sit around with your programming and sys adm pals in the evening. But, perhpas people should remedy the problem not with a lawsuit, but perhaps with education. Take this for example:

    Having too much time on my hands this past summer, I volunteered to teach a course on Introduction to Computers at the local county library. Many of my students showed up for one-on-one tutoring, and as I helped more and more people, I realized that it's not a fear of the computer that is the problem, but just the general lack of knowledge about the entire concepts of how the computer works and what the Internet is, etc. Even the tools and materials that the Gates Foundation provides, which may be nice of them to give free technology to libraries around the United States, are completely useless. Go in and ask your librarian to let you see the 500+ page manual. While it is nicely printed, and actually decently organized, if the average end user or even library professional is asked to explain how to do something that is described in the book, they can't. People want to know, but for all the classes on the Internet that can be taken, and all the beginners information, these resource authors forget that many people in the population do not understand terms such as "Right Click" or "Shift Click", or "To Format a floppy, you need to do this..." I made the most headway by simply going home and creating both a simple web page and a printed document to simply explain such concepts as what is meant by the term icon, the term shift-click, what does the acronymn HTTP really mean, etc. After giving the document away to the library patrons free of charge, I noticed that people were more easily able to use the resources that were available, and the types of questions changed. So, perhpas if there was an easy way to educate the masses in an easy to understand manner, advertising methods such as the Bonzi popups would not be as effective. I'm sorry, but I wasn't aware that someone could sue a corporate entity because 90% of the population possesse little to no ability regarding TCP/IP networking? Perhaps the suit should be filed for the amounts of wasted time I and others experience because of the numerous popups, but I don't click them because many years ago (in the late 1980s when I was a teenager), someone explained the whole concept of TCP/IP and networking topologies to me. A simple explanation then still works today. Provide someone with an intelligent answer to their question, and they will be more productive and feel empowered and competent. And as everyone knows, when you feel you can do something, you usually do.

    So, thumbs up to the Bonzi people for using something to their advantage - the general lack of knowledge amongst the population. However, thumbs down to them for wasting my bandwith.

    I understand how the Internet works. Perhaps I should file a lawsuit against this legal firm for slander by saying that I am unable to know what the deal is here, because obviously they don't.

  135. SoftwareOnline, Inc is another culprit by medscaper · · Score: 1
    Here's a letter I sent to SoftwareOnline about their popunder ads - I saw one minutes after reading this article.

    Feel free to send this letter or one like it to bonzi@lukins.com and newads@softwareonline.com. I think the more concern that is generated, the more likely it is that SOME of these could stop.

    It wasn't minutes after I'd read the article about the Lukins & Annis class
    action suit against Bonzi and their questionable and misleading hijacking of
    computers by using misleading install/error/wizard pop up and banner ads that I
    was treated to one of your silly "Increase your computer performance!" ads for
    MemTurbo.

    It makes me sad that companies like yours are relying on the "who can trick the
    user best" business format and not the "who makes the best product" format. I
    read your rules and regulations regarding submission of ads and I applaud your
    rules for 468 and Skyscraper ads, specifically these :

    - Must not contain the words "Download", "Install", "Scan", or "Update"
    - Cannot contain offers that imply your PC will be "Tested" or "Checked" by
    the landing page itself
    - Must not deceive or mislead the user into clicking. Coercion is ok,
    deception is not!

    Unfortunately, you do not adhere to these rules with Popunder ad submission. I
    find that disgraceful and would specifically NEVER buy a product from a company
    that uses SoftwareOnline.com, Inc's marketing "services" and your
    reprehensible techniques. I go out of my way to recommend against doing
    business with said companies to all of my customers, and will continue to do so
    until this sort of ad campaign stops.

    Are you aware of the class action lawsuit pending against Bonzi? Are you also
    aware that your ads are almost exact duplicates (in both nature and content) of
    the Bonzi ads in dispute now? The design specifications and sample ads on
    http://sharewareonline.com/WebAdDesigner.htm speak volumes about your
    willingness to trick customers with Popunder ads.

    Please consider your techniques and dubious business model carefully...

    --
    Any sufficiently well-organized Government is indistinguishable from bullshit.
  136. whoa by Suppafly · · Score: 2

    The class action Complaint was brought on behalf of all persons residing in the United States who have, while operating a computer, encountered an advertising banner like those illustrated on this website.


    Whoa.. even at $500 a person.. that could effectively put bonzi buddy out of business if enough people jump on this. I personally hate bonzi buddy as I've had to spend literally hours cleaning up machines infected with their crap, often times having to reinstall windows and other software.

  137. Bastard by lorcha · · Score: 1

    You made me spray Dew all over my monitor. I really need to learn to aim for the keyboard in these situations. Much cheaper hardware.

    --
    "Avoid employing unlucky people - throw half of the pile of CVs in the bin without reading them." -- David Brent
  138. Yes, and... by jonadab · · Score: 2

    > I'm still waiting for someone to sue CapitalOne over the dead tree
    > mailouts they send that try to look like a bill or some other
    > important information.

    What about the mailings you get that are printed in two or three
    colours, with the main text in black and then script notes in the
    margins in another colour, things circled, underlined, comments
    added, made to appear as if a human being has gone over it for you
    and highlighted the good parts. Sure, you'd have to be nearsighted
    in the extreme to mistake those printings for actual handwritten
    comments, but it's still a transparent attempt at deception.

    --
    Cut that out, or I will ship you to Norilsk in a box.
  139. What about Gator by Anonymous Coward · · Score: 0

    only if we can go after Gator.com and sue them for installing there program on our computers without consent. That should be more illegal then those FUI pop-up ads.

    1. Re:What about Gator by cookiepus · · Score: 1

      Actually I bet you HAVE given consent every single time Gator installed itself on your system.

  140. haha.. by Suppafly · · Score: 3, Funny

    I love the image in section 4.8 of the complaint. "Cannot delete KERNEL32. The specified file is being used by windows"

  141. FINALLY by Anonymous Coward · · Score: 0

    Finally somebody is doing something to those dumb bastards, I hate those people. They are the sleaziest people ever, behind the people who made gator. They must all go down. I hope they get sued so bad they never think of doing anything remotely like what they do again. Imagine if poster Ads popped up on your walls in your house every day, and you had to rip them up. I see no difference. they are invading your computer and defacing it with ads you have no desire to see. It's nice to see that something is being done, even if it won't be a final solution.

  142. Actually it seems its a reaction by MichaelPenne · · Score: 2

    to a corporation's attempt to get rich through scamming the ignorant.

    I fail to see how lawyers getting rich in their effort to punish the greedy scammer makes things "broken", it seems to me that it is a response to a broken regulatory system: it's not like Bonzi popped up yesterday, if the FTC was going to do something it should have already.

    Most likely, all the FTC would do anyway is hit them with a minor fine, something Bonzi could pay by raising their rates a few 1/10s/add or pushing up 5 pops instead of 2.

    Greedy lawyers are the natural predators of greedy corporations, and the Govt. should either tame the jungle equally (which it certainly doesn't do) or stay out of the way.

  143. Sorry... by No+Such+Agency · · Score: 2

    I have no sympathy for programmers who work on projects like spyware/scumware/adware etc. Yes, technically it's legal but it's the moral equivalent of those scams where you get a scratch-and-win card in the mail, and when you send it in to claim your "prize" they hijack your long-distance service (this is called "slamming").

    I know the job market is tight, but if you work for a sleazy company like this in an "innocent" capacity (receptionists, custodians), you should start sending out resumes. If you work there in a "guilty" capacity (software dev, marketing, management), go **** yourself, because you are contributing to the degradation of our society and the corruption of the wonderful invention that is the Internet.

    God, I'm not much of a believer in capitalism, but I admit the system has its good points. It's just that slime like this, who produce nothing of value and prey on the consumer, dilute those benefits to the point where they really aren't very helpful...

    --
    Freedom: "I won't!"
  144. Uh oh. by Malcs · · Score: 1

    So I guess this means that Bonzi has jumped the shark.

    --
    My name is Carlos Montoya. You share files of my music. Prepare to die.
  145. How do I get my share? by dirvish · · Score: 2

    How do I join the lawsuit? I should get my share for having to explain to relatives that they had nothing to worry about. They were very concerned that their computer was telling them it was insecure and it was difficult to try explaining DHCP to them.

  146. This is a good start by racerx509 · · Score: 2

    Now if only gator were being sued as well...

    --
    13 year old white supremacists are shitty web designers.
  147. savenow.exe being installed with Bonzi by mcguyver · · Score: 0

    Bonzi is pretty complicated and these ads are just the tip of the iceberg. First off Bonzi is genearting high volumes of low quality traffic then trying to resell it. Not a big deal but it's kind of shady. The major problem with Bonzi is their relationship with Whenu and SaveNow. SaveNow is commonly called scumware or parasiteware. The basic idea is SaveNow is hijacking online commissions. It works like this. There is such thing as CPA(cost per action) advertising whereby if an end user clicks on a banner then buys a product then the website that hosted that banner will receive a commission for that sale. This is all tracked with http requests to tracking servers. So basically if you own a website and your visitors are clicking on banners and buying products then you will receive a commission. However if the person making the sale has SaveNow running on their machine then that sale will be hijacked. SaveNow will interecept the http request to the tracking servers, overwrite it to suit its own needs, and in the end the commission that you should have received just went to Whenu(the makers of SaveNow).

    In a nut shell, Bonzi is facilitating the distribution of these scumware applications - the end result being all websites involved in CPA advertising could be losing revenue due to stolen commissions. This is one way how Kazza, CyDoor, WhenU, and almost all other P2P file sharing networks are generating revenue.

  148. Simple Solution by AnalogDiehard · · Score: 2

    Replace your browser with Mozilla

    right click over the ad banner

    select "Block Images from this server"

    Done. No more ad banners.

    --
    Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
    1. Re:Simple Solution by daveman_1 · · Score: 1

      Even simpler: Use lynx or links.

      --
      Russian Russian Russian RussianDollSig DollSig DollSig DollSig
  149. Re: Your bandwith is reduced... [NOT] by dpete4552 · · Score: 1

    http://bugzilla.mozilla.org/show_bug.cgi?id=94118 nuff said

    --
    http://www.archive.org/details/ThePowerOfNightmares
  150. Almost fired over one of these ads. by doublem · · Score: 1, Troll

    I HATE these guys.

    Our former comptroller tried to get me fired for incompetence over one of these messages. She refused to believe that it was a banner ad, and insisted I was ignoring major security issues.

    In the end she bought the software and installed it on her machine, and kept getting the error message.

    She was an idiot.

    --
    "Live Free or Die." Don't like it? Then keep out of the USA
  151. I thought I was a geek by Anonymous Coward · · Score: 0

    I bow to the master

    LOL

  152. Hoorrayyy! Death to Bonzi by novakane007 · · Score: 1

    That's all I had to say...

    --

    WURD!!
  153. Re:WHAT RELIEF FOR CONSUMERS DOES THE COMPLAINT SE by Anonymous Coward · · Score: 0

    > You should parenthesise to remove abiguity

    I'm not sure which ambiguity you mean.

  154. Considering our wants exceed our ability to supply by hackwrench · · Score: 1

    them any people put to another purpose damages the economy. The economy is first a means to supply our wants.

  155. hit the major news sites by ceejayoz · · Score: 3, Informative

    This story has hit the major news sites (MSNBC even mentions Slashdot)...

    "Security alert" advertiser sued

  156. Security Alert? In a Pig's Eye! by notsotechno · · Score: 1

    I was thrilled Bonzi finally got what it deserves! I hope it gets some of its own back for the hours I spent trying to get out of its never close, always downloading ad which looked just like a genuine Windows alert. I finally called my server, MSN to complain, but a tech rep said he was unaware of the problem. How could they not knew about it? And how many ads DON'T SAY "Advertisement" somewhere in the bloody box? Mine never did until later (a grudging concession?). Good for Lutkins& Annis!

  157. Spyware! H8 by calvran · · Score: 1

    I hope this company dies a very painful death. Between Bonzi Buddy, Gator, and all of their wicked, evil, advertising friends, so many people have so much computer trouble, which means I have to get off my lazy butt and fix it. It seems that 99% of the computer problems I fix are caused by spyware, a quick run through ad-aware, or (since ad-aware has not been updated in months) pest patrol, and the computer is clean.

    My current record for spyware found on a customer's computer was 1350 or so, grand total. I found about 450 in ad aware and another 900 in pest patrol after ad aware finished. The computer was so laden with bad software that it had become totally unusable! I feel nothing but hate for the companies that do it.

  158. technical support solution by Anonymous Coward · · Score: 0


    WARNING!
    Your browser may be unable to block pop-up ads!

    Click Here for a free solution.



  159. Doing some math... by Dannon · · Score: 2

    Okay, they're asking $500 for every Class Member, and $50 for each ad Bonzi has served up.

    To be a Class Member, you have to certify in writing that you've seen one of those ads. Judging from the plethora of 'mom' stories I've seen here, I'm guessing it's hard to be an internet user and -not- have seen one of these ads at least once.

    According to the August 2000 census figures, there are approximately 44 million households in the US with internet access. Making a rough guess that each of these households could have one Class Member (some could have more, some could have less), that's a potential payout of $22 BILLION even before counting how many ads they've served.

    My guess: I seriously doubt that each computer-using household in the U.S. is going to receive $500. That's more than many taxpayers got from Bush's big Tax Refund. And I seriously doubt Bonzi is going to pay out $22 Billion. That's just a big, scary number being thrown at them by the law firm.

    Bonzi will settle, give the lawyers suing them a huge payoff, maybe a small token check for each of the class members that signs up and agrees not to be a part of any future suit against Bonzi, and it'll be business as usual.

    --
    Good judgment comes from experience.
    Experience comes from bad judgment.
  160. Good and bad by CakerX · · Score: 1

    bad, lawyers taking money, legal ruccus. Good, sets a good precident for banning thoose stupid fucking popups, and send a legal precident to get Gator, inc, long known for abuse of privacy.

    One gator is installed on a machine, its NOT comming out with anything less than a fdisk. You may say, "only morons install gator". Which is true, but the fact is, if a moron sits down and installs gator on your machine, YOUR fucked. This happened to my boss at work, some kids visited on a class trip, he let them use his machine, and they fucking put gator on it. He was fishin around his registry for weeks.

    Windows?!?!? you might ask?? if someone has a GOOD linux on the desktop solution, I mean good windows compatiblity(or a SHITLOAD of good "replacement" apps)let me hear it. Otherwise don't even start with the "ewww, windows".

    ps its only a matter of time before gator starts having clients send passwords back to a central hub, acting as a backdoor, and having your computer run distributed projects for them, without compensation. For fucks sake, they already claim credit as an assiociate for everything you buy online!

  161. ASA is worthless by Eric+Green · · Score: 2

    Myself and dozens of other people have been trying to aim them at the scam artists at Evidence Eliminator for quite some time, and never get a budge out of them. I can understand why they don't listen to me -- I'm a Yank. But many UK citizens have complained to them too, and the EE guys still continue to sell their spamware spyware with impunity via deceptive ads that say you have material on your computer that will send you to jail where you can be some gorilla's woman and their software is the only thing that will save you.

    --
    Send mail here if you want to reach me.