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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Comments on “Gator Pop-Ups Illegal In Germany”

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data64 says:

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.

Mike (profile) says:

Re: gator putting competitor ads over your site is

As far as I know, they could be doing just that. It’s not my problem if they are. If people really want to view Techdirt that way, that’s their issue. I’m not going to complain.

My only complaint is with the way Gator often is put onto people’s computers: without them realizing it.

Anonymous Coward says:

Re: Re: gator putting competitor ads over your site is

hmmm. You are a content provider. You have no problem with someone taking your content and making money off it without your say and without paying you or acknowledging you in any way? Not saying that they are doing that, but that you are saying you would have no problem with that if they were.
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

thecaptain says:

Re: Re: Re: gator putting competitor ads over your site is

Sorry…but that doesn’t wash.

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.

zark says:

Re: Re: Re:2 gator putting competitor ads over your site is

i had exactly the same problem, i click ‘no’ dont install and it does anyway. i contacted GAIN and they said unless GAIN is in your start/programs list then it is an unsupported version. How about that then, an unrequested install and GAIN wipes their hands of it.. even though it is their product!!!
if you want to try it here it is (this will install GAIN whether you click no or yes);
also here is GAINS disclaimer;

Pete says:


Hey Anonymous Coward, How would you like it if you got this wicked cool new program that popuped porn pics based on tech dirts stories when you went to the tech dirt website and tech dirt sued you ass for using it?

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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