Judge Rejects Lawsuit Against Pop-Up Ads

[jayfish]

http://apnews.excite.com/article/20030908/D7TEEPL00.html

-SNIP-
".S. District Judge Gerald Bruce Lee also placed some of the responsibility for those ads on computer users, saying they voluntarily agree to them, even if they do so unwittingly.
-SNIP-

Uninformed dolt. Do we need a separate judicial system to deal with matters of technology?

Jay

[BiggJawn]

1. Hope the Telemarketeers don't specify him for their Judge...

or it will all be over and we'll never get to use our phones for their intended purposes again...

Or try this..

"I got some good news and some bad news, kid...'
"What's the bad news?"
"You've been chgarged with Rape..."
"And the good news?"
"We pulled Judge Lee, and he'll rule that she consented, even though it was unwittingly..."

[Robb]

2. What the hell?

"they voluntarily agree to them, even if they do so unwittingly."

Can someone explain this to me? I've never used this guy before, but here he is:

:wtf:

[jayfish]

3. I Think It Means...

(to this idiot anyway) that if you don't feel like reading through a voluminous end-user license agreement or you have read through it but don't understand what it means, as soon as you hit the "I Accept" button, anything in it goes.

Jay

[Occulus]

4. Isn't there some controversy

as to the legalities of EULAs as legally binding contracts?

So far as I'm concerned, if it doesn't contain my written signature and no other parties are involved but myself and the software maker, it's not a contract.

[jayfish]

5. There Is But...

i'm not sure it has risen to the level of a court case that delt EULA's exclusivly. This case, it seems, says that EULA's are binding.

Jay

[peterh]

6. I enjoy the use of a lot of free sites

that without the money from these advertisers (including the one we’re on), they might not be able to offer the content that they do. But, in saying that, I also can’t stand the friggin’ pop-ups….that’s one of the reasons I went with the Norton Firewall….among other things, it blocks those annoying things.

[jayfish]

7. I Do Not Mind Advetising On Web Sites At All.

What I do have a huge problem with is someone who is not me running code (see pop-ups) on my PC with out my explicit permission (which is unlikely to be given). ELUA's aside, the problem with this case is that it seems to lump ad services like Gator, which requires user interaction of some type to install, with run of the mill web pop-ups. Other courts will use this decision to be lazy when it comes to understanding the difference for years to come.

Jay