Online advertiser Gator is facing some e-heavyweights over its ubiquitous pop-up advertising.
Dow Jones & Co., Washington Post Co., Tribune Interactive and The New York Times Co. are all filing suits against Gator to stop its software from showing competing ads as its users surf around.
Users install Gator's software on their desktops so that each time they visit a Web site, they don't have to reenter all of their personal information. Gator remembers what the users input before and populate request boxes accordingly. In return, users suffer through a series of customized pop-up ads that appear as they route around cyberspace.
The plaintiffs say that this practice interferes with their own site advertising, sometimes competing directly with their advertisers.
But Gator, in a statement on its Web site, calls this claim rubbish and says that the online companies would have to file similar complaints about Yahoo, AOL and other instant messaging services because they support ads on their pop-up services.
Instead, Gator contends that the only aim of the suit is to deter the advancement of the company's "behavioral marketing platform." The statement goes on to say that any pop-up box with dialogue would be in violation if the suit is upheld, including Microsoft Outlook and Norton Antivirus.
"This flies in the face of the very nature of the Windows operating system, and is ridiculous," Gator CEO Jeff McFadden said.
I think Gator's argument is ridiculous. The software is meant to work in conjunction with folks surfing around the Internet - not the intention of the other software programs mentioned. Gator's model is built on customized advertising, so, in essence, Gator sells against what people will be looking at. Therefore, it is in direct competition with the sites themselves, which are selling advertising based on a similar model. I think it's going to be very difficult for Gator to prove otherwise. The question remains whether sites should be allowed to control everything a viewer sees on their desktop while visiting the their sites?
What do you think? Let me know at sgittlen@nww.com
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Sandra Gittlen is events editor for Network World's Seminars and Events Group. Previously, she was managing editor of Network World Fusion and senior reporter covering Internet research and standards for Network World magazine. She can be reached at sgittlen@nww.com.
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