Judge rules in favor of pop-up purveyor

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Pop Up Purveyors should be treated as Signal Interferance

NO COMPANY has the right to interfere with another company's product without a contractual agreement.

Your local television station.. NO ONE may interfere with the signal as sent from your local station, say ABC's Ch. 7 in washington dc. Ch.7 sells advertising to make their revenue to be able to send their signal into the ether to get to your set, and be displayed. No one has the right to tack on to, or interfere with Ch.7's signal without Ch.7's approval.


The same is true for gator and others.. NO Company has the right to popup/under an advertisement using software that was not created, maintained, or supported by that company. And further they should not be allowed to cause advertisements on a system when the program they have their contract with, is not in use, and even further should not be allowed to display ads of any form outside the window the program they paid for; uses.



Back to a TV analogy.. Ch.7 does not have the right to change your television's channel without your direct consent. Ch.7 does not have the right to broadcast their ads.. to be displayed while watching Ch.9 (CBS in the dc area), Ch.7 does not have the right to turn your television set on at any time without your permission.

Its a simplistic view of the whole situation.. if gator did not pay for it, gator can not use it to render its ads. Gator can not steal attention away from other programs to itself in its own window unless gator paid to get itself there, and in those cases, it would mean gator paid to get the internet to you..

Under that kind of term, Gator or any company acting as 3rd party advertiser, could NOT put ads randomly on your machine, unless they paid for your internet access.. say... ala NetZero or something similar.

If Kazaa was created and gets funding from Gator for the program, then:
1) NO AD could appear OUTSIDE the Kazaa program window
2) No ad could be sent for display if Kazaa is not currently in use (open) on the system
3) No ad could be served independent of Kazaa unless the Ad company had agreements with the maker of the program that is in use that gets information to the PC either via internet or other transmission medium to be displayed on the PC when the original application is not open.

Posted by: TreborG2   Posted on: 11/20/03 You are currently: a Guest | Members login | Terms of Use

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