Adware Related To Web Sites Ruled Legal

Cobb writes "The 2nd U.S. Circuit Court of Appeals recently ruled that it is legal for adware programs to show you pop ups for knock-offs and rivals when you visit a companies website. 'In 1-800 Contacts's lawsuit against adware provider WhenU.com, the appeals court likened WhenU's ads to retail stores that place generic competitors next to brand-name products.'"

Comments

Bad Result... Good Law

[spiritraveller]

This ruling supports the principle that people can do what they want with their own desktop, even if it covers up someone's advertising.

Today it's an evil adware company. But tomorrow, it could be the AdBlock project.

Don't lose sight of the forest for the trees.

The trademark issue is significant. But my freedom to do what I want with my computer is more important.

Re:So how could it be illegal if the servers are..

[Shalda]

Offshore servers are pretty useless. If you're transmitting to the US you can be held to answer in a US court. Regardless of where your server might happen to be, if you have assets in the US banking system, they can be siezed. Likewise, if you set foot in the US, you can be arrested. Courts take a very broad view of their jurisdiction.

In any event, regardless of where the servers might be, the courts interpretation of trademark law is correct. Despite some of the implications, this is still a good thing.