The publishers claimed that Gator was infringing their copyright
and stealing their revenue by selling pop-up ads that appeared when
users of the company’s software visited their web sites.
The publishers have asked for a permanent injunction, damages
and the return of Gator’s revenue from the ads. In the suit, the
publishers have characterised Gator as a “parasite on the web that
free rides on the hard work and the investments [of the publishers]
and other web site owners.”
Gator’s software manages passwords and fills out application
forms for about 22 million internet users. The company also
produces software that monitors web surfers’ behaviour and delivers
targeted pop-up ads. The software allows surfers to view a
company’s advertisement while they are visiting a competitor’s web
site.
Last month, WeightWatchers won a case against rival
DietWatch.com, that was using Gator to deliver ads to visitors of
WeightWatchers.com. Also, Gator has been criticised by the
Interactive Advertising Bureau for selling banner ads that obscure
those sold by on-line publishers.
A spokesman for the publishers said: “This is only a first step
in the legal process, but it sends a clear signal that the
[publishers] are likely to succeed on the merits of their claims
against Gator.”
Gator stated that, since the injunction only bans placing ads on
certain publishers’ web sites, it will continue business “as
usual.”
Gator CEO, Jeff McFadden, said:
“We are highly confident that once all the
facts are presented in the upcoming trial - no Court will issue a
ruling eliminating consumers' right to decide for themselves what
is displayed on their own computer screens. Such a ruling would
attack a consumer's right to use hundreds of popular software
applications that automatically display separate windows while the
consumer is surfing the internet.”
“This flies in the face of the very nature
of the Windows operating system and is ridiculous. It would mean
that AOL Instant Messenger, Microsoft Outlook and dozens of other
software applications that automatically display information in
separate windows are illegal.”
