Judge Says Scumware Is Legal!
A federal judge said adware maker WhenU's pop-up advertising does not infringe on the trademarks and copyrights of web site publishers. This is the first legal ruling favoring desktop advertising companies in their fight with web site operators. The case was brought against WhenU by U-Haul who alleged WhenU violated its copyrights and trademarks by displaying pop-up advertisements when a user visited the U-Haul Web site. The judge clearly sided with WhenU, which argued that Web surfers control their own computers and what appears on them. Scumware operators such as WhenU and Gator offer users free software in return for viewing ads based on a user's browsing activity. A number of cases remain against WhenU, including suits brought by TigerDirect, 1-800 CONTACTS, and Wells Fargo. Gator has cases pending against it from TigerDirect, UPS, Hertz, L.L. Bean, and PriceGrabber.com. [Full story: Judge Says AdWare is Legal - Internet News]
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