Posted on 06/29/2002 3:19:04 AM PDT by Cincinatus' Wife
NEW YORK (AP) - Complaining of parasitical behavior, some of the nation's largest news publishers are suing Internet advertising company Gator Corp. over software that triggers pop-up ads when surfers visit their Web sites.
``We make all the investment to gather and collect news and set up an attractive Web site,'' Terence Ross, an attorney for the publishers, said Friday. ``Gator, without making any equivalent investment, reaps the profits.''
The lawsuit was filed this week in U.S. District Court in Alexandria, Va., by a group that includes parent companies of The New York Times, USA Today, The Wall Street Journal and The Washington Post, as well as the digital arms of Knight Ridder and Conde Nast.
In it, the publishers call Gator ``a parasite on the Web that free rides on the content of others.'' They seek an injunction and unspecified damages.
Gator, based in Redwood City, Calif., runs an ad network that claims 22 million active users and 400 advertisers.
Internet users get Gator advertising software when they install a separate product for filling out online forms and remembering passwords.
Gator also comes hitched with free software from other companies, including games and file-sharing programs.
As users surf the Web, Gator runs in the background and delivers advertisements on top of what the surfer would normally get at a site.
Though the Gator ads are marked ``GAIN'' - for Gator Advertising and Information Network - many consumers won't know the difference and will instead blame the site for an unpleasant experience, Ross said.
He acknowledges that some of the publishers, including the Times, do deliver pop-up ads, but he said their timing, frequency and nature are typically controlled.
``What if in a story covering the tragic event of Sept. 11, Gator suddenly popped up an advertising for a flight training school?'' Ross said. ``That would be wholly inappropriate.''
In some cases, the lawsuit charges, Gator's ads are for services that compete with the publishers' - for example, a Travelocity.com ad appears while surfing CondeNet's concierge.com. Both provide travel-related services.
In a statement, Gator pledged to vigorously defend the lawsuit. To Gator, its pop-up windows are no different than what happens when a user runs instant messaging, e-mail or other programs in separate windows while surfing a Web site.
``While we understand why these publishers of advertising-supported Web sites feel threatened by us, we are certain that being a strong and thriving competitor is not illegal,'' said Jeff McFadden, the company's chief executive.
In response to questions via e-mail, McFadden said Gator may file its own lawsuit seeking a declaratory judgment that consumers have the right to decide what is displayed on their computer screens and that Gator's practices constitute lawful competition.
Responding to the publishers' claims of copyright and trademark infringements, Gator said its practices do not involve copying of the publishers' site or using their trademarks.
But Ross said Gator could be held liable because ads block copyrighted material - and hence its presentation - and could confuse visitors into thinking the pitches were authorized by the Web site.
Gator's advertising practices have come under fire before.
Last year, the Interactive Advertising Bureau threatened to file a complaint with the Federal Trade Commission over Gator's selling of ads that block out the ads displayed on other Web sites. Gator responded with a federal suit against the trade group. Gator ultimately agreed to stop the practice.
22 million active my butt.
More like 22 million unwitting surfers who we tricked into downloading and activating our software. Very few people decide to use Gator's software. Most often it's decided for them unwittingly.
Thanks, I intensely dislike these things.
You can disable active scripting (aka JavaScript) but this may cause many Web sites not to function correctly. To do so, get to your Internet options (either from Tools|Options (IE 5/6, or View|Internet Options). Then click the security tab, make sure Internet zone is selected. Click the circle next to Custom, then press the Settings button to the right of it. From there, scroll down until you see a heading that says Scripting with a Sub-heading Active Scripting. Choose Disable.
This will disable JavaScript on all Web sites and may have unpleasant side effects on sites you visit regularly. There are ways to disable JavaScript only on specific sites but it's kind of annoying going through the process for every site you come across using pop-ups. I'd recommend downloading Opera or Mozilla instead. They're less of a hassle (see above) and they're free.
You can also download shareware programs which stop pop-ups in Internet Explorer and maybe AOL but I don't know if there are any free ones.
Now "ADWARE" is another program that deletes the spyware, ad spamming programs GATOR puts on your computer. But I have found if you look hard enough, you can find people that simply rewrite the "bad" spyware DLL file to one that is harmless. Example the new GROKSTER file sharing program is awesome (as fast as Napster). I really like it, but it is packaged with tons of spyware and that stupid Gator program. It causes tons of annoying pop-ups and forced advertisment on your computer. Solution: download the replacement DLL file (found in C/windows called cd_clint.dll ) Just simple download the new cd_clint.dll file that tells it that you are recieving their spam but in actuallity you are not. Rewrite the bad cd_clint.dll with a good hacked cd_clint.dll and don't be bothered with the spam/ads/ect...
GROKSTER is now the best program for music MP3 downloading you can find.
Go get Mozilla 1.0 - it's stable, and you are able to tell it not to open up pop up or pop under windows. Imagine - no more X10 ads to get in the way when you go to weather.com.
One other plus is that you can open up additional windows as TABS instead of windows on your navbar.
So, how would such a program be an infringement? The only way to conclude it is an infringement is to assume that ICQ has some kind of legal right to 'operate the way it was designed to' on any system. Its my system though. This is like asking the digital cable people to make it impossible to change the channel during a commercial - your computer system has the RIGHT to do as it pleases with the screen the same way your TV has the right to 'surf'.
What is the downside if I should disable "active scripting"? Would I be unable to use other features built into my software?
http://software.xfx.net/utilities/popupkiller/index.html
http://software.xfx.net/utilities/popupkiller/index.html
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