Wednesday, November 08, 2006

Intermix Settlement

This "inter-mix" of roses is for Ben Edelman who served as an expert witness in The People of the State of California ex. rel. Rockard J. Delgadillo, Los Angeles City Attorney v. Intermix Media, Inc., Case No. BC343196 (L.A. Superior Court). This litigation was against Intermix by the City Attorney of Los Angeles (on behalf of the people of California).

In this settlement, Intermix will be paying a total of $300,000. This includes $125,000 toward penalties, $50,000 in costs of investigation, and $125,000 in a contribution of computers to local non-profits. This is in addition to the settlement Intermix made with the New York Attorney General for $7.5 million last year.

What interested me most in Ben's report in "Intermix Revisited" is his analysis that there is substantial room for litigation against US-based spyware vendors:

"I continue to see nonconsensual and materially deceptive installations by numerous identifiable US spyware vendors. (For example, I posted a fresh nonconsensual toolbar installation just last month. And I see more nonconsensual installations of other US-based vendors' programs, day in and day out.) These vendors continue to cause substantial harm to the users who receive their unwanted software."

In view of Paperghost's "Zangozones" timeline as well as all the other reports on Zango at Vitalsecurity, I was also happy to read this comment at the bottom of the "Intermix Settlement" article by Ben:

"Technology news sites and forums have been abuzz over the FTC's proposed settlement with Zango, whose advertising software has widely been installed without consent or without informed consent. I commend the FTC's investigation, and the injunctive terms of the settlement (i.e. what Zango has to do) are appropriately tough. Oddly, Zango claims to have "met or exceeded the key notice and consent standards ... since at least January 1, 2006." I disagree. From what I've seen, Zango remains out of compliance to this day. I'm putting together appropriate screenshot and video proof."

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