Gator Pop-Ups Illegal In Germany
from the but...-why? dept
As much of a problem I have with Gator (now Claria) and their method of sneaking their adware/spyware onto users' computers, I still can't understand how the software's practice of putting pop-ups over other websites could possibly be illegal. While US courts have mostly (though, not entirely) sided with Gator on this one, it appears that the German courts have a different view. They've ruled against Gator, and said they cannot run popup ads from competitors when a surfer visits Hertz's German rental car site. Once again, these cases are targeting the wrong thing. Why should it be illegal if someone actually wants to use such a program to show them competitor ads when they visit some sites. Of course, I don't know why anyone would want that - but shouldn't it be their decision?
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gator putting competitor ads over your site is the
Gator is using companies sites in an unauthorized way - to sell unauthorized advertising.
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Re: gator putting competitor ads over your site is
how would techdirt like it if gator showed their users techdirt's site with the techdirt logo replaced with an ad for some other site?
By that logic, using popup blockers and html filters like proxomitron or privoxy to filter out ads would be illegal too. It's like the Network TV executives saying it is illegal for TV viewers to not watch the ads being shown during commercial breaks.[ link to this | view in chronology ]
Re: gator putting competitor ads over your site is
My only complaint is with the way Gator often is put onto people's computers: without them realizing it.
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Re: gator putting competitor ads over your site is
This is just a theoretical debate because I dont think anyone installs gator intentionally and how gator installs surreptitiously should be more concern than the easy to delete spams that are all the rave these days with congress.
but... the quickest way to get gator shut down would be to pay them to run linux ads for people that visit microsoft.com
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Re: gator putting competitor ads over your site is
Why should I?
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Re: gator putting competitor ads over your site is
If it was a case of someone taking the site, replacing the trademarks and ads and reposting it elsewhere (or otherwise redistributing it) then it would be a problem.
However, this is content on MY computer for MY own eyes. Just as its not illegal to take a magasine and draw on the cover during the time I read it (or flipping through the ads without looking)...I could even replace the cover with my own fabrication...as long as I don't distribute it to someone else.
This is the same as on my computer. I read/surf my way.
However, that said, I really HATE gator because it IS spyware and is USUALLY installed using scummy and deceptive methods and I thoroughly wish these people would go bankrupt forthwith.
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Re: gator putting competitor ads over your site is
if you want to try it here it is (this will install GAIN whether you click no or yes);
http://webpdp.gator.com/4/message/446/webpdp_plugin.php?q=cD00NzYmZD0xMzk4OS
also here is GAINS disclaimer;
http://webpdp.gator.com/gain/60/about-gain-01.html
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MORONS
NO one should beable to tell you What software you can install on your computer, let alone a website.
Now time to install that cool software!
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