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Old 07-19-2002, 11:27 AM   #46
WildComputer
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Answers to several

Quote:
I didn't read the entire filing but I do not believe that Gator is being accused of trademark infringement.
Trademark issues are one of the items on the list that Steve posted. I didn't verify it myself

Quote:
But the claim isn't about the value of the copyrighted material, but the right of the copyright owner to choose the form in which his/her material is presented. Whilst certain forms of 'borrowing' copyright matreial - such as in satuire or parody - are considered 'fair use', this is not such a case
That's why I say it might establish a precedent if these publishers win.

I think to be a class, (I am not an attorney, so this is uninformed opinion), everybody in the class is supposed to have some similarities, like the amount of damages they each can claim.


News story on the injunction, and sealing or not of proceedings

http://computerworld.com/news/2002/s...,72777,00.html
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Old 07-19-2002, 12:10 PM   #47
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Another news story

http://www.nytimes.com/2002/07/16/te...219e99d28a5727

This expands on the reasons behind the judge's ruling, and the NY Times previously advertising on Gator.
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Old 07-19-2002, 02:17 PM   #48
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From the new york times:


Gator's lawyers have asserted that their client's service is similar to instant-messaging software, which users download with the understanding that messages will pop up over whatever page they may be viewing at the time.


The problem with Gator's defense is that it surreptitiously implants itself. Victims recieve the program when they install software like Kazaa or are confused into downloading the program by networks like Adtegrity.

If gator were smart it would settle with these publishers before the court rules. This way they can avoid Napster's fate.
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Old 07-20-2002, 01:02 PM   #49
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Thanks Wild for the link to that article. The quote from McFadden supports what member cyrex says in his last post so your point is taken Grade: A for you.

However, I have to wounder why Gator wants a fast trial as per the quotes, if in fact ? the economic impact of the injunction is not serious. ?

Matter of fact, if the lack of serious financial impact is true, then my own view is that Gator should strive for a jury trial and has no reason to sit down at the table and negotiate.

On the other hand, this quote may also be "speak" by Gator in rather subtle terms that they do wish to settle.
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Old 07-20-2002, 01:48 PM   #50
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From the article:
Quote:
Gator's software permits users to fill out password and shipping information in an online form and use it as a shortcut when they visit different e-commerce Web sites.
Of course we knew that is what Gator does, but plenty of browsers like Mozilla can do it now too. So maybe users will find better alternatives without the ads .
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Old 07-23-2002, 08:18 AM   #51
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Just an update but Adtegrity apparently still endorses the use of Gator. I just did a check of their pops before I put them back in rotation and sure enough my Mozilla browser popped a message - testing for Gator.
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Old 07-27-2002, 05:19 AM   #52
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Just wondering, does this mean that every publisher where Gator puts it's ads, can sue it and be 100% sure that they will win? Then every publisher where Gator pops up will propably sue them. Only problem is that only a few of the publishers does know about the gator displaying ads on their site. Perhaps someone of us should install gator and give a hint to right webmasters

Last edited by Fromage; 07-27-2002 at 05:21 AM.
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Old 07-27-2002, 05:35 AM   #53
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I think the gator-blocker is a good way to go. Like having a bouncer on the door of a bar to reject drunk people or troublemakers who are unlikely to be profitable visitors.
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