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Judge OKs Competitive Pop-Up Ads
Mirkon writes "A while back, U-Haul filed suit against adware giant WhenU for displaying competing advertisements to users as they browsed U-Haul's site. Friday, District Judge Gerald Bruce Lee's ruling dismissed U-Haul's suit, saying '...the fact is that the computer user consented to this detour when the user downloaded WhenU's computer software from the Internet,' and 'Alas, we computer users must endure pop-up advertising along with her ugly brother, unsolicited bulk e-mail, "spam," as a burden of using the Internet.' While the ruling was issued in the context of unfair competitive marketing, it's speculated that this will have broad implications in the fight against adware - and they aren't kind to the user. WhenU chief executive Avi Naider is unfortunately quoted as saying 'This is a victory for consumer choice -- it ultimately protects consumers' right to control what they see on their computer screens.'"
I haven't received one popup since I started using the new version of the Google Toolbar. Built in popup stopper.
IF YOU had taken the time to read the article before rushing to post, you would have found that the ads are displayed via ad-ware that runs on your computer. If you are using Linux that is not a problem. But if you are using Windows, then any "free" software that you download might be infected with spy-ware. How else do you think that a competitor's ad could pop-up when you visit UHaul. Once again, we have some one that did not read the article before posting. Could we have a mod option for "posted with out reading the article?" I mean this could save a lot of miss information on /.
The views expressed are mine own and do not express the views of my employer.
Not all of us have to...
"To confine our attention to terrestrial matters would be to limit the human spirit." -Stephen Hawking
When running either Spybot or AdAware (can't remember which right now), it detected spyware on my machine that was implanted when I installed a wireless mouse and keyboard from Logitech. So, those are the dangers we face now. Every time we add a peripheral to our machines, we could unwittingly be installing a trojan program. Probably, there was mention of the trojan somewhere in the EULA, but I personally take this as an act of aggression by the device manufacturer.
But as a full-featured web browser, it carries within it a javascript interpreter.
Mozilla devs have fidddled with the javascript interpreter somewhat, giving the end user finer control over what javascript commands are allowed to execute, one of the selections being to not allow javascript code which opens a new window to execute, unless that code is executed in direct response to a mouse click.
File under 'M' for 'Manic ranting'
Try using Firebird. I haven't seen a bulk ad or pup-up since I switched form mozilla. Even mozilla stopped almost every popup. It will run where you uncompress it, so you don't need privileges to install it. Download a plugin (aka extensions) called AdBlock. Go into the normal options and turn off unrequested popups. Also set the options so that only images from the originating server are downloaded. With AdBlock, you can block images by name server (ex. ads.x10.com). There is a comprehensive list that you can output in many block formats here).
You can choose not to install the "PageRank" data collection feature.
http://www.proxomitron.info/ - The Proxomitron (popup, banner, webbug, everything bad on the net killer)
http://security.kolla.de/ - Spybot Search & Destroy (spyware/keylogger/trojan killer)
http://www.free-av.com/ - AntiVir (virus scanner)
http://www.zonelabs.com/ - ZoneAlarm (firewall)
http://methlabs.org/methlabs.htm - PeerGuardian (anti-RIAA blocklist)
Start with those, clear your own systems and then most importantly, EDUCATE others to use them and understand why they need them.
Quizo69
Visceral Psyche Films
The google toolbar has been updated and has a really nice pop-up blocker feature. You should give it a try.
>I doubt that the judge...has a clue about what he is unleashing.
Sit back down. He's not unleashing anything. It's a summary judgement for dismissal in a lower federal court. It doesn't establish precedent, and it can't be cited in future cases.
No Big Deal.
You mean this?
Using the word 'subverted' is perhaps unfair. What bothers me is the fact that the intent of the first amendment is to protect 'the people', and instead it seems to be used against you.
quoting from an interesting article (on the freedom to chalk of all things):
[QUOTE]
US Federal Judge Stanley Sporkin said:
"[Spammers] have come to court not because their freedom of speech is threatened but because their profits are; to dress up their complaints in First Amendment garb demeans the principles for which the First Amendment stands."
[/QUOTE]
there appears to be recognition of the problem, but no one seems to have the legal power to do anything.
First of all, SPAM is not speach - there are already several legal precedents where a judge has decided that commercial speach is NOT the speach being nprotected by the constitution. Second, even if you chose to classify SPAM as "speach", your right to free speach does not extend into forcing your free speach down my throat (or ears, or eyes, or mailbox).