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D Squared To Stop Sending Pop-Ups

bizpile writes "D Squared Solutions, the company created by college students Anish Dhingra and Jeffrey Davis, has agreed to stop bombarding computer users with Internet pop-up ads to advertise its ad-blocking software, avoiding a court battle with the Federal Trade Commission. They were sending pop-up ads using the Messenger function enabled on many Windows operating systems. Their attorneys claimed the pair were not trying to extort consumers with their ads and only intended to send one a day to computer users. Lawyer Anthony J. Dain has said the ads are 'annoyances you have to deal with in a free society.'" (The San Diego Union-Tribune also has a story.)

42 of 218 comments (clear)

  1. Annoyances by MaineCoon · · Score: 5, Insightful

    'annoyances you have to deal with in a free society.'

    No, no I don't. Thank you, FTC.

    --
    Hunt your preferred prey at Aliens vs Predator MUD. Join the war at avpmud.com port 4000
    1. Re:Annoyances by eliza_effect · · Score: 2, Insightful

      That MIGHT only work if I could return the "favor", otherwise I wouldn't say it's something that I should "have to deal with".

    2. Re:Annoyances by 0racle · · Score: 4, Insightful

      You needed the FTC? You should look at something called a 'firewall.,' it stops unwanted traffic.

      --
      "I use a Mac because I'm just better than you are."
    3. Re:Annoyances by ergo98 · · Score: 2, Interesting

      The problem is that, thanks in part due to the mere existence of such intrusive socialist agencies as the FTC, the US is now no longer anything approaching a free society.

      So in a truly free society, they could send their messenger popup, and in return I could send a platoon of machine gun equipped commandos to liquidate their offices? Is that freedom with intrusive socialist agencies like justice departments or police?

    4. Re:Annoyances by gmhowell · · Score: 5, Insightful

      Speaking of annoyances you don't have to live with, clicking this link removes the awful color scheme that /. has for the IT section.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    5. Re:Annoyances by Adam9 · · Score: 2, Insightful

      Firewalls don't stop telemarketers from calling my cell phone.

    6. Re:Annoyances by Eggplant62 · · Score: 3, Funny
      "Lawyer Anthony J. Dain has said the ads are 'annoyances you have to deal with in a free society."


      Anthony needs to sit in one place while someone beats him about the head with a flyswatter, and needs to be told that being hit with a flyswatter about the head multiple times is just an annoyance he has to deal with in a free society. Then maybe he'd get it.
    7. Re:Annoyances by scifiber_phil · · Score: 2, Insightful

      These popup ads can float around the internet cloud all day long, but when they come onto my computer in my house it is exactly like a dog crapping on my lawn, and I have to clean it up. Your dog craps on my lawn, and I'm going to complain to you about it. I don't mind viewing ads on a website I visit, they help pay the freight for the content I am enjoying, but sending ads out using the Windows Messenger thing is, in my opinion, unethical. I guess if I drove up to the lawyer's house with the biggest subwoofers money can buy and sat there blasting the most vile obsenity laden crap I could find for an hour or two, it would just be an annoyance he would have to live with in a free society, or do you think he might call the cops?

  2. I know you're from Alabama by Anonymous Coward · · Score: 2, Funny

    And this whole "internet" thing is still pretty new to you, but that was the previous story.

    1. Re:I know you're from Alabama by DotNM · · Score: 2, Funny

      "The internet.... they have that on computers now?!?!" -- Homer Simpson

      --
      There's no place like localhost
  3. Hmmm, let's see. by Eeknay · · Score: 3, Funny

    Lemme guess, their popup was advertising for how to stop popups, right?

    1. Re:Hmmm, let's see. by wayward · · Score: 2, Funny

      Wow, what's next? RJ Reynolds putting stop-smoking ads in their cigarette packs?

    2. Re:Hmmm, let's see. by name773 · · Score: 2, Insightful

      they already do, it's called a surgeon general's warning

  4. Sounds like they're done for... by Maestro4k · · Score: 5, Insightful
    • D Squared agreed not to send pop-up ads using the Messenger function enabled on many Windows operating systems; such ads do not require an open Web browser to display. The company also won't sell ad-blocking software any longer, and it is barred from sending other ads unless users can choose not to receive them.
    Looking at this it looks like their advertising days are over. That last bit will be hard for them to get around since they'll likely be heavily scrutinized by the FTC for some time to come.

    I certainly won't feel sorry for them, they were sending their popups using the windows Messaging function, making them even lower down than most popup advertisers. Kudos to the FTC for going after these guys!

    1. Re:Sounds like they're done for... by gcaseye6677 · · Score: 4, Insightful

      Like spammers, telemarketers, and junk faxers, they seem unable to grasp the concept that they are using other peoples' resources for free to send their ads. That is why people don't like them and want to shut them down. It's a fairly simple concept for most of us, but they honestly think they are doing nothing wrong.

  5. Annoyances? by nysus · · Score: 5, Funny
    'annoyances you have to deal with in a free society.'

    Which? Lawyers that defend assholes like this?

    --

    ---Technology will liberate us if it doesn't enslave us first.

    1. Re:Annoyances? by ScrewMaster · · Score: 5, Insightful

      He's just trying to equate unwanted advertising with constitutionally-protected free speech. Idiot ... the vital principle of being allowed to speak one's mind without fear of retaliation by a vengeful government has nothing to do with abuse of one's fellow citizens for fun and profit. I have the feeling that if junk mail, junk faxes and spam had existed during the Revolution there'd be specific provisions against them in the Constitution.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:Annoyances? by nysus · · Score: 4, Insightful

      Gee, let's think about this for a 1/2 second. What's stopping me from plastering a billboard right on your front lawn for a miracle drug that cures cancer?

      I can't do that because sometimes property rights and deceptive trade practices trump free speech rights. It's not a difficult concept. The two college kids want to take over your computer to pitch false claims at you. Damn straight that should be illegal.

      --

      ---Technology will liberate us if it doesn't enslave us first.

  6. Annoyances by Chapium · · Score: 5, Funny

    I guess they learned about another annoyance in a free society: Lawyers

  7. We promise only to bother you once by KarmaOverDogma · · Score: 4, Funny

    Oh yeah... Right...

    Fool me once, shame on - shame on you. Fool me - can't get fooled again.

    Oh, wait, that's the guy from Texas, isn't it?

    .

    --
    uR iGn0ranc3, Their Power
  8. Annoyances, huh? by ScrewMaster · · Score: 5, Funny

    Anyone got this "Dain" person's IP address? I have a "NET SEND" that I'd like to throw his way.

    --
    The higher the technology, the sharper that two-edged sword.
  9. Square D by suso · · Score: 3, Interesting

    You know, when I first read that headline, I was thinking of the Square D company that makes circuit breaker boxes and other electrical supplies. And I was thinking "What the hell?"

  10. White Hat Spammer! by Ryan+Stortz · · Score: 3, Interesting

    Has anyone thought of sending out messages telling people how to turn off Windows Messenger?

    --
    Bugs are just features that have been fixed.
    1. Re:White Hat Spammer! by Joey+Patterson · · Score: 5, Informative

      How to Disable Windows Messenger Service" courtesy of the University of Virginia.

  11. This is a prime example of software failure by kidventus · · Score: 5, Insightful

    Messenger should never have been exposed as a default running service on Windows XP, 2000, & NT computers.. with no authentication and no option to turn it off without going deep in to a services menu.

    This proves that software developers in general were caught flat-footed by the internet, and that they failed us as customers by claiming that their computers were now "internet ready" and only meant by that that they gave us integrated no-choice branded browsers and instant messengers to save their market share, they didn't even think about us, just themselves.

    Bottom feeders like Square D exist and will always exist. The real failure are software developers, and they should take the blame for the decisions they made from 96 - 01 (when XP was released with Messenger ON) and do better.

    Now if you'll excuse me, I have to run a virus scan and delete my tracking cookies.

    --
    There is a rage in me to defy the order of the stars, despite their pretty patterns.
  12. Brilliant by Zareste · · Score: 2, Insightful

    annoyances you have to deal with in a free society.

    Yep, we dealt with them all right. Same way we deal with shoplifting,

    --
    I am NOT a number! I am a - oh wait, I'm number 761710. Look! 761710!
    1. Re:Brilliant by Jacer · · Score: 2, Funny

      With bricks?

      --
      --fetch daddy's blue fright wig, i must be handsome when i release my rage
  13. This is a great example by RLiegh · · Score: 5, Insightful

    of how the government can properly work with the internet community in policing legitimate nuisences. I'd almost go as far as to say this is evidence we don't need a ton of laws specially tailored to the internet.

    1. Re:This is a great example by hendridm · · Score: 2, Funny
      This is a great example of how the government can properly work with the internet community in policing legitimate nuisences.

      Yeah, and it only took them 3 years! Go team.

    2. Re:This is a great example by RLiegh · · Score: 3, Funny
      Yeah, and it only took them 3 years! Go team.

      They had to exhaust all of the unreasonable options first. ;)
  14. Only..? by krhainos · · Score: 4, Insightful

    only intended to send one a day to computer users

    Only once a day? ... that still seems like a lot.

    --
    -K
  15. This is a prime example of Microsoft failure by 0x0d0a · · Score: 3, Interesting

    This proves that software developers in general were caught flat-footed by the internet, and that they failed us as customers by claiming that their computers were now "internet ready" and only meant by that that they gave us integrated no-choice branded browsers and instant messengers to save their market share, they didn't even think about us, just themselves.

    No, it proves that Microsoft had zero regard for the Internet and for their customers. The Mac OS had no problems like this. Linux had no problems like this. BSD had no problems like this. The only developers that seemed to think that allowing authentication-less control over the local environment was acceptable (and then tried to promote the view that "no desktop machines should ever exist on the Internet without being firewalled") were the developers at Microsoft. Unfortunately, for them, all their competitors did not completely ignore security when designing software, and as a result, the Microsofties came out looking rather pathetic, especially when they tried to shunt blame off onto sysadmins for not trying to patch over *their* poor design with a firewall.

  16. Its a shame XP SP2 disables this by defualt by aardwolf204 · · Score: 3, Interesting

    Its truly sad that Windows XP Service Pack 2 sets the messenger service to disabled by default. It was always nice to know that no matter if you friend on a lan was on AIM, Yahoo, MSN, Jabber, etc, you could send them a message. Its a shame marketing agencies abused this. I for one leave write on in *nix and messenger on in windows because I'm behind a NAT and dont get these annoyances, and sure every once in a while at a LAN party someone will annoy you with it when your playing a full screen game, but none the less its a shame that this functionality is going away by default, it was truly a cool feature in windows.

    Oh, yeah, this is slashdot, um, in Soviet Russis you annoy popups

    --
    Im dreaming ofa big bndwdth, That can resist the /.crowd.May ur days b merry & bright & may al
  17. And this color scheme, too by SteamyMobile · · Score: 2
    This color scheme is also an annoyance we must deal with in a free society.

    But seriously, it's quite amazing that they are admitting in court that their business model is a regretable annoyance. There are so many ways to make money which are a) legal and b) not annoying. I do agree with their lawyer that they should be allowed to continue; users should turn off functions which make their computers accessible to the net in general if they don't want to receive such things.

  18. OT: Mozilla needs a regexp module by Anonymous Coward · · Score: 3, Interesting

    So we can strip the annoying slashdot theme prefix and maybe do other neat stuff, like convert news links into regfree google links :)

  19. "Annoyances"? by penginkun · · Score: 5, Interesting

    So if I come 'round and kick them in the groin once a day and then leave, is that another of those 'annoyances (sic) you have to deal with in a free society'?

    Seems like assault and battery, but really, it's not! And those ads they're sending, they only SEEM like an invasion of privacy, but trust me, they're not!

  20. Annoyances by Kwil · · Score: 4, Funny

    You know other annoyances you might have to deal with in a free society? People throwing excrement at your house and car if you're a scumbag lawyer.

    Hell, it's biodegradable, so it can be argued that it takes even less action to clean up than a windows messenger pop-up.. just leave it there long enough and it'll go away.

    --

    That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

  21. they spamed the wrong person by E8086 · · Score: 4, Interesting
    this was slashdot-ed back in Nov03 according to MSNBC
    "Part of the reason Windows Messenger pop-ups caught the attention of the FTC is that one of the agency's commissioners received one of the advertisements at home"
    Around a year ago(or more) one of my housemates, whose only firewall was the WinXP "it's almost a firewall," was getting several dozen a day. I told him to use a real firewall, think it was the free ZoneAlarm. Even after that he was still getting enough to have to tell me he was still getting them, possibly during windows startup before Zone Alarm could start or when he disabled it to run Kazaa. Even with the little extra cash I got installing free firewalls it wasn't worth the number of complaints I was getting.

    Funny how you can net send spam millions of the world's computers and get away with it, but spam one gov't agent and you'll be promptly(after months of legal stuff) shutdown. Because of the inconvenience of not being able ignore them like traditional email spam I'm going to side with the FTC on this one.
    --
    F7 doesn't work, ignore spelling and grammar
  22. free society my *ss... by w4rl5ck · · Score: 3, Insightful

    nuff said. what a strange excuse for bad marketing habits. "Hey it's a free world, that is, no rules... or isn't it?" I don't want a free world without rules, I want a free world with proper rules. That's a difference.

  23. Trial by Combat by Detritus · · Score: 2, Funny
    We should revive trial by combat for cases involving spam. It's been argued that it is still a valid part of the common law in some places.

    In the red corner, at 110 pounds, we have a pencil-necked geek from UCSD, who is an accused spammer.

    In the blue corner, at 250 pounds, we have California's Special Prosecutor for Spam, the Governator, Arnold Schwarzenegger!

    Let's get ready to rumble!

    --
    Mea navis aericumbens anguillis abundat
  24. Free Society? by Gigantic1 · · Score: 2, Insightful

    Lawyer Anthony J. Dain has said the ads are "annoyances you have to deal with in a free society." Hmmm...let me see. According to Mr. Dain, a Free Society is characterized by a lack of property rights. For example, strangers are allowed to use my PC in an unauthorized manner and, in the process, disrupt my activities. All of this done with impunity on thier part. Hmmm...this doesn't sound like Freedom to me!

  25. Hypocrites by UnrepentantHarlequin · · Score: 4, Insightful

    ...annoyances you have to deal with in a free society

    They seem to be very selective about that freedom.

    I assume they're more than willing to call on the agents of the government (the police, for instance) to protect them from people exercising their freedom to visit the company offices and beat the living crap out of them. And I'm sure that they would not be so dedicated to people's freedom to slam every system they own with a DOS attack. The only "freedom" they're concerned about is their freedom to commit extortion without that mean ol' FTC interfering.

    They're all fired up about their rights (is there a right to commit extortion?) but they're conveniently ignoring one thing: rights come with attached responsibilities. You can't separate the two, and when you try, you get problems. For instance, if you have the right to swing your fist around, it comes with the responsibility to stop short of my nose. If you have the right to drive a car, it comes with the responsibility not to squash pedestrians. A society which granted those rights but does not acknowledge the associated responsibilities would be murderous chaos.

    In a truly civilized society, people are as aware of their responsibilities as they are of their rights, and act accordingly. Only in such a society can there truly be freedom.

    In modern US society, right and wrong have been equated with legal and illegal -- or, even worse, with getting away with it and getting caught. Rights are everything. Responsibilities are not in the picture at all. Civilized behavior is mocked. This has cost us many things, including the expense of feeding an ever-more-bloated government. But most of all, it has cost us freedom.