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.
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.
Donate background CPU time to fight cancer.
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...
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...
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
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?
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.
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)
"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.
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
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?"
:)
.NET ads here on Slashdot. They make me chuckle.
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
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!
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.
>.. 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.
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.
Read reviews of shopping cart software
After reading many such tales of class-action lawsuits, I can predict the results:
So, in essence:
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.
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!
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.
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.
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
Thomas Galvin
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 -.-- -.-- --..