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Web users 'must endure' pop-up ads
Guardian ^ | 09/08/03 | Owen Gibson

Posted on 09/08/2003 1:42:26 PM PDT by Pikamax

Web users 'must endure' pop-up ads

Owen Gibson Monday September 8, 2003

Internet users will continue to be plagued by unwanted pop-up adverts after a US judge ruled websites can do nothing to prevent companies placing ads on

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their pages without permission. "Alas, we computer users must endure pop-up advertising," district judge Gerald Bruce Lee ruled in a US court in Virginia.

While this ruling applies only to America, other US-based web judgments have tended to set a precedent on this side of the Atlantic.

The decision is a blow to the owners of websites that have been plagued by rogue advertising.

Over the past two years online publishers have filed more than a dozen lawsuits against internet advertising firms Gator Corporation and WhenU.com.

The companies operate by offering web surfers free software or downloads, such as video players or screen savers, that come with ad serving programmes attached.

Once downloaded they will then be shown pop-up adverts independent of the website they are visiting.

While many of the online publishers complaining about Gator and WhenU.com also deliver pop-up ads to their users, they argue they can limit the number of times they are shown and ensure the adverts are suitable for their audience.

Dotcoms are also concerned the pop-ups offered by companies such as Gator may advertise products and websites that rival their own.

"Computer users, like this trial judge, may wonder what we have done to warrant the punishment of seizure of our computer screens by pop-up advertisements for secret web cameras, insurance, travel values and fad diets," Mr Lee said.

However, he ruled that, while annoying, the adverts did not break any trademark or copyrights laws and consumers had generally agreed to download the ad serving software.

"Ultimately it is the computer user who controls the windows displayed on the computer desktop," he said.

However, many users complain is often far from obvious that they are agreeing to install the "spyware" software on their computers and that, once installed, it is difficult to remove.

The suit was brought by removal company U-Haul International, which said it was considering an appeal.

Last year Gator reached an out of court settlement with a dozen media companies, including the Washington Post and Dow Jones, over similar complaints.

Gator also faces outstanding suits from other online publishers.


TOPICS: Culture/Society; News/Current Events; US: Virginia
KEYWORDS: advertising; popupads
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1 posted on 09/08/2003 1:42:26 PM PDT by Pikamax
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To: Pikamax
Some members of my family have a hard time understanding that just 'cause you can click on something, you should click on something...live and learn.
2 posted on 09/08/2003 1:46:13 PM PDT by TomServo ("I worked at NASA back when we were next to Cost Cutters.")
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To: Pikamax
Internet users will continue to be plagued by unwanted pop-up adverts after a US judge ruled websites can do nothing to prevent companies placing ads on

Not if you use Mozilla Firebird :)

3 posted on 09/08/2003 1:47:56 PM PDT by Lorenb420
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To: Pikamax
No, we don't have to put up with pop-up/under/over ads. There are browsers that kill them - like Netscape & Opera - and there are also plenty of stand-alone programs that kill pop-ups as well.
4 posted on 09/08/2003 1:48:27 PM PDT by Keith in Iowa (Tag line produced using 100% post-consumer recycled ethernet packets,)
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To: Pikamax
I don't have to "endure" any pop-up or pop-under, period.


5 posted on 09/08/2003 1:48:38 PM PDT by rdb3 (Which is more powerful: The story or the warrior?)
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To: Lorenb420
Google has a Pop-up Blocker built into their tool bar. It works wonderfully!
6 posted on 09/08/2003 1:49:15 PM PDT by So Cal Rocket (Free Miguel, Priscilla and Bill!)
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To: Pikamax
Learn how to turn javascript on and off for your browser. I keep it turned off nearly all the time and it stops a lot of annoying behavior from some web sites. It also speeds up surfing since I'm not waiting for animated graphics to load. (I'm on a dial-up 56k and any additional speed-up of page loads is welcome.)
7 posted on 09/08/2003 1:51:24 PM PDT by Siegfried (I ain't gonna work on Bill Gates' farm no more!)
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To: rdb3
if the Judge says you have to endure you have to endure. court order!
8 posted on 09/08/2003 1:51:24 PM PDT by Pikamax
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To: Pikamax
"...once installed, it is difficult to remove

Difficult to remove?! That is the understatement of the year. Simply put, getting GATOR (or GAIN) uninstalled can be a b*tch. I used Ad-Aware to uninstall, but that wasn't easy either.

Speaking of SPAM, has anyone noticed how many popups Drudge has now. He used to have 1 when you came to the page for the first time that day. Now, you everytime I go to Drudge I get at least 2 pop ups. Also, at one point, I thought FR was doing pop ups (something that would have been VERY displeasing), but then realized it must have been an Ad serv on moving away from Drudge.

9 posted on 09/08/2003 1:52:31 PM PDT by mattdono
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To: Pikamax
Chimera for OSX (Jag)

No pop ups, never have been, never will.
10 posted on 09/08/2003 1:52:47 PM PDT by moehoward
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To: Pikamax
The nanosecond a popup window pops up, I close it. Then I never go back to that site.
11 posted on 09/08/2003 1:53:23 PM PDT by Cobra64 (Babes should wear Bullet Bras - www.BulletBras.net)
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To: So Cal Rocket
Yes, I love the google toolbar. I use google a lot, so the toolbar is something I want anyway. The popup blocking is gravy.
12 posted on 09/08/2003 1:54:06 PM PDT by js1138
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To: Cobra64
The nanosecond a popup window pops up, I close it

Man, you must be able to click really fast. <wink>

13 posted on 09/08/2003 1:55:38 PM PDT by mattdono
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To: Pikamax
Internet users will continue to be plagued by unwanted pop-up adverts after a US judge ruled websites can do nothing to prevent companies placing ads on their pages without permission.

Or they could use Opera as their browser, which has pop-up blocking built in.

14 posted on 09/08/2003 1:57:15 PM PDT by Bacon Man (Bacon is never wrong but occasionally fried.)
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To: TomServo
Well, if your security settings are unmodified from when you bought it, this stuff will get installed left and right without any notification to the user.

I had to clean out my uncle's computer this weekend, he was completely unable to use it due to saturation with spyware and ad-ware. He literally could not open a browser without something like 40 windows of ads opening. And he is definitely not the type to say 'yes' to something unless he wants it - all this stuff got downloaded and installed on his machine without his knowledge. When it started popping up ads for pics of naked 4-14-year-olds he finally got mad enough about it to arrange to get it fixed.

I removed over 170 different spyware/malware applications on his machine. This machine is about 1 year from the factory.

By the way, disturbingly enough - one of those programs was installed by Dell at the factory, no joke.
15 posted on 09/08/2003 1:58:23 PM PDT by thoughtomator (Israel is the canary in the coal mine of Islamofascism)
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To: Bacon Man
As does Mozilla.
16 posted on 09/08/2003 1:59:05 PM PDT by Petronski (I'm not always cranky.)
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To: Lorenb420
How much does Mozilla cost?
17 posted on 09/08/2003 2:01:13 PM PDT by Cobra64 (Babes should wear Bullet Bras - www.BulletBras.net)
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To: Petronski
As does Mozilla.

True, true.

18 posted on 09/08/2003 2:05:46 PM PDT by Bacon Man (Bacon is never wrong but occasionally fried.)
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To: thoughtomator
Well, if your security settings are unmodified from when you bought it, this stuff will get installed left and right without any notification to the user.

Which is why I have my family call me when they get a new machine. I do the setup.

And he is definitely not the type to say 'yes' to something

Which is my problem. They think they can go anywhere, accept anything and all is OK. I guess they think they can drive a car down the road with their hands off the wheel and their head poked out the window..

By the way, disturbingly enough - one of those programs was installed by Dell at the factory, no joke.

There's no excuse for that. I would've been on the phone in a heartbeat.

19 posted on 09/08/2003 2:06:43 PM PDT by TomServo ("I worked at NASA back when we were next to Cost Cutters.")
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To: Cobra64
Zero, zed, nada, nil, the empty set.
20 posted on 09/08/2003 2:06:48 PM PDT by Petronski (I'm not always cranky.)
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