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L.L. Bean Sues After Name Triggers AdWare Popups







L.L. Bean Sues After Name Triggers
AdWare Popups

L.L. Bean Sues After Name Triggers
AdWare Popups
05/19/2004 03:03 PM

"Using our trademarked name as a trigger to which you want to serve your ads causes customer confusion and crosses the line into trademark infringement."




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L.L. Bean Sues After Name Triggers AdWare Popups

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L.L. Bean Sues Nordstrom Over Adware
Pop-Ups


L.L. Bean Sues Nordstrom Over Adware
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05/18/2004 11:52 AM
There have been many, many lawsuits filed against the various adware/spyware companies that will place ads over certain web pages (for example, putting a FedEx ad over the page if someone visits the UPS website). The real problem with these companies is the fact that their products are often installed without the end users realizing it, and they make it very difficult to remove. However, that legal issue (sneaking stuff onto your computer) gets confused with the other legal question of whether or not it's illegal for these products to pop-up these ads for competitors. The lawsuits have returned mixed results. Sometimes the adware companies win and sometimes they lose. On the whole, they should win these cases. If (and it's a huge if) someone installs this software on purpose - then why shouldn't they be allowed to let the software pop up ads from competitors? Maybe I want to know about competitors to the websites I visit? Why shouldn't I be allowed to set that up on my own computer? The real problem with these products is the fact that they are installed without any real notification (often by having it hidden in the fine print while installing another product). Still, the lawsuits continue. This time, however, L.L. Bean is taking a different path and one that makes a little more sense (though, I still think they should lose). Instead of suing companies like WhenU and Gator directly, they're suing Nordstrom, J.C. Penney, Atkins and Gevalia for buying ads on one of these systems to pop up whenever someone visits the L.L. Bean website. To me, this is the same question of whether or not Google can sell trademarked advertising terms. The companies doing the advertising aren't violating trademarks. A trademark doesn't give a company all rights to a word or phrase - it just lets them protect it from others pretending to be them. However, by suing the other companies, they're following the same plan some are sugge sting companies take with Google: don't sue Google, but sue the advertising companies. Still, I don't see how this is anything other than someone trying to position their ads well. For years, companies have bought billboards outside of their competitors. IBM and Informix have run billboards right outside of Oracle's offices for years. Fox News apparently has a billboard outside of CNN's offices. It may be a little obnoxious (and who knows how well it actually works), but it's certainly not illegal. If L.L. Bean really wanted to help, they should just offer adware/spyware removal tools on their site and fight to against the sneaky nature by which these programs are installed without users knowing it.

Adware Company Sues Other Adware Company
Over Evil Adware


Adware Company Sues Other Adware Company
Over Evil Adware
07/28/2004 08:29 PM
180Solutions, who has been repeatedly trashed as being a spyware provider (but who somehow convinced a VC to give them $40 million), recently was accused of stealin g affiliate commissions via its adware. The company denied this claim quite loudly, and have always denied that they installed their app surreptitiously (though, a quick Google search suggests otherwise). Now, however, they have sued two "partner" companies who they claim did bad things with their software. This seems a bit sketchy. Basically, they're saying two partner companies they gave their application to bundled it with other programs and installed it without asking or warning users. Looks like they're suddenly trying to seem more legit, but if the spyware claims have been around as long as they have, and it only took until now for 180solutions to react, you have to wonder what they've been doing all this time.

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L.L. Bean Sues Pop-Up Advertisers (AP)


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L.L. Bean Sues Pop-Up Advertisers


L.L. Bean Sues Pop-Up Advertisers 05/17/2004 07:38 PM
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180solutions sues allies over adware


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Adware Company Sues Over Anti-Spyware
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04/13/2004 02:10 PM
WhenU, one of the more well known adware companies has filed a lawsuit to block Utah's anti-spamware law, claiming that it restricts their constitutional rights to advertise. While a lot of companies have been fighting against the bill, a number of careful reads through the law have pointed out that it actually seems to do a pretty good job of defining spyware. It basically prevents software from sending info home without making this fact clear to the end user or providing them with an easy way to uninstall the software. In fighting the law, most companies have been fairly vague in explaining just what legitimate software would be made illegal. The main issue is really just the notion of informing users that their data will be sent somewhere - and it's tough to come up with a good reason why the users shouldn't be informed. As far as I can tell, those fighting against the law are basically admitting that they want to secretly record your info and send it off somewhere.

Claria Sues L.L.Bean To Get Them To Stop
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Claria Sues L.L.Bean To Get Them To Stop
Suing Claria Customers
06/10/2004 03:09 AM
Last month, L.L. Bean decided to go one step further from suing Claria for putting pop-up ads over the browsers of Claria users when they visited the L.L. Bean website and sued the advertisers whose ads showed up. At the time, we pointed out that this was ridiculous. Putting those ads there is no different from someone buying a billboard in front of a competitor's office, which is a practice many companies do. The real problem with Claria (and it is a problem) is that the software gets installed without users knowing it. However, if a user does want Claria's Gator product running (and, amazingly enough, some people do want it), that's their decision. There is no law that someone can't use software that pops up advertisements when they visit someone else's website. After realizing that their advertising customers were upset over these lawsuits, Claria has struck back and sued L.L. Bean for filing frivolous lawsuits. Of course, their reasoning isn't so much that these actions are perfectly legal - but that some of the companies sued are no longer Claria customers (which could mean they'll turn around and sue Claria back for causing them to get sued - some lawyers are likely reviewing indemnification clauses as we speak). Either way, this is a big legal mess over the wrong issue. What Claria is doing with their ads is perfectly legal. What they're doing with the installation of Gator, however, is a much bigger question - but none of the lawsuits focus on that.

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Mozilla still champ when it comes to
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It appears that politicians are increasingly paying attention to internet "evils" along the lines of spyware, spam and popups. In all cases, these are instances where the openness of the network has been abused, creating certain problems. However, it's not clear that any of these legislative solutions are likely to do any good. We already pointed out how ineffec tive CAN SPAM has been, but a few interesting things happened over the weekend in the areas of popups and spyware. First, a Utah court ruled that pop up ads were not covered by an anti-spam law in that state. The law in question is no longer in effect, so it doesn't really matter -- but it does suggest that the idea of using "unsolicited" email legislation against other forms of "unsolicited" advertising is unlikely to get very far. The news that's getting the most attention, however, is California's decision to pass anti-spyware legislation that would give out fines for spyware purveyors. The text of the actual law is worth reading, as it's clear that a fair amount of thought went into it. However, it's not entirely clear it will do much to stop spyware. First, the sneakiest forms of spyware have been very careful to hide who is really responsible for the products -- meaning, they're likely to successfully remain hidden from any lawsuits. The just slightly more legitimate adware variant of spyware, on the other hand, has always been more about social engineering than any technical trickery. That is, they bury the permissions in a ton of language so that no one is really sure what they're agreeing to. Assuming this continues, these firms will be able to claim that they presented the end user with a choice, and those end users agreed to move ahead with the installation.

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This release adds a general parameter to extra import directives, duplication in methods to pass an external connection, an Ant task to use generator inside Ant has, some initial support for Oracle exclusive features(SEQUENCES), more decent documentation and examples, and online Javadoc and documentation. The database schema output has been fixed to show primary keys. Some code cleanups and errors and exceptions handling. The generation of an invalid class from tables without primary keys is avoided. build.xml now has more targets to make distribution packages.

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