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Old 06-29-2002, 12:33 AM   #16
funtoon
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Default Great

Great Thread its time publishers fight back!

Now if only some big sites/publishers also put an effort to stop ad blockers companies it would be great, If only they knew they are losing around 15-20% revenue due to ad blockers they might wake up!
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Old 06-29-2002, 12:02 PM   #17
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Default Re: Great

Where did you get that 15-20% number?



Quote:
Originally posted by funtoon
Great Thread its time publishers fight back!

Now if only some big sites/publishers also put an effort to stop ad blockers companies it would be great, If only they knew they are losing around 15-20% revenue due to ad blockers they might wake up!
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Old 06-29-2002, 12:23 PM   #18
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wsz, outstanding stuff. The article that WC was kind enough to reference has a section in it that is not only innacurate but far to vague for my taste. The article said:

"...seeking remuneration in the form of all of Gator's profits." - NOT


Please see pages 36-39 of the Complaint for the complete text. A non lawyer translation. This is what the plaintiff wants:

Injunction - STOP
An accounting of Gator's books
Contructive Trust over Gator Corp
Restitution
Damages
3x the Damages
Money to conduct a corrective advertising campaign
Post corrective advertising on the Gator site
Punitive damages
---end---

Given this, the suit has the potential to effectively close them down. Please note, I said potential AND they (Plaintiff) must prevail.

HTH
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Old 06-29-2002, 12:30 PM   #19
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I wonder if there is anything we can do to help them, any ideas?
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Old 06-29-2002, 08:50 PM   #20
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I loved Gator's response in that one article.

It's not about them selling advertising, it's about them STEALING advertising from the publishers who create the content they put their advertising on. Using their logic we could band together start an ad company and interupt the broadcasting of network television stations advertising by breaking in to their broadcast and playing our own? It's about the same thing, or if we put our own ads in magazines and newspapers without the publishers permission. I do think they are tilting at windmills with their business model and response to this lawsuit.

Thank you Steve for the links, it was quit informative. I hope they do prevail and it may be a warning to other scumware merchants that they can no longer steal from publishers!
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Old 06-29-2002, 10:28 PM   #21
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While I do agree that gator actions are not acceptable, I am just scare that it will open new problems. For example does that mean that TIVO is illegal, I mean they do insert there own ads in to the programs, (they also cut out netowrk ads) that means because of them TV networks are loosing money, I can go on and on with simillar cases.






Quote:
Originally posted by keavin
I loved Gator's response in that one article.

It's not about them selling advertising, it's about them STEALING advertising from the publishers who create the content they put their advertising on. Using their logic we could band together start an ad company and interupt the broadcasting of network television stations advertising by breaking in to their broadcast and playing our own? It's about the same thing, or if we put our own ads in magazines and newspapers without the publishers permission. I do think they are tilting at windmills with their business model and response to this lawsuit.

Thank you Steve for the links, it was quit informative. I hope they do prevail and it may be a warning to other scumware merchants that they can no longer steal from publishers!
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Old 06-30-2002, 01:36 PM   #22
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Arrow

Unfortunetly, one of THE major problems with the Gator issue is the "clones".

A few days ago I recieved SPAM from the following site which effectively lowers the price of admission and this lower priced alternative (assuming it works) spells additional trouble for all merchants and publishers.

See: http://www.expressengineranking.com/extreme.htm

For a relatively small amount of money I can target any of "your" sites via a URL. and or a keyword in the string.

If any of you are still delivering the Gator plug-in download at 3 cents a pop, after you remove it go join the RoboForm program at:

http://www.roboform.com/affiliates.html

A moral and ethical solution for your traffic. Although I have never used their program they pay 5 cents a download and the app is Free.

Has anyone written a "Gator Sniffer". A site script that we could install which denies access to the pages or produces a polite educational notice to the visitor with a link back and logs the stats? For some, it would be a proactive procedure which has the potential to enhance relationships with your visitors.

Note: This is quite different than the "in house" solution which is in the sticky at the top of this forum.
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Old 07-06-2002, 05:54 AM   #23
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I think was over a year ago when I still promoted Gator and I actually had Gator plug-in installed on my computer. Then I heard about better form filler, Robo Form and I started to use/promote it instead. I have actually promoted Robo Form my visitors for free for one year.

Robo Form's affiliate program is currently inactive. I tried to join there two times this spring, but I got no answer. After that I mailed to their support and they said that no-one can join their affiliate program right now.

I am just wondering why they keep this "Affiliates: Make Money Promoting Program That Saves Passwords and Fills Forms" -page on their website then?

Last edited by Fromage; 07-06-2002 at 06:08 AM.
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Old 07-06-2002, 06:15 AM   #24
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Quote:
Originally posted by Steve_S
Has anyone written a "Gator Sniffer". A site script that we could install which denies access to the pages or produces a polite educational notice to the visitor with a link back and logs the stats? For some, it would be a proactive procedure which has the potential to enhance relationships with your visitors.

Note: This is quite different than the "in house" solution which is in the sticky at the top of this forum.
Does any one know how much percentage of your traffic is getting affected by gator if its significant, then I will work on a anti-gator script and add it to antiadbuster.
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Old 07-06-2002, 06:21 AM   #25
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Quote:
Originally posted by funtoon


Does any one know how much percentage of your traffic is getting affected by gator if its significant, then I will work on a anti-gator script and add it to antiadbuster.
0% here. Gator never pops up on non-english pages.
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Old 07-12-2002, 03:10 PM   #26
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Exclamation Injuction granted!!!

See this article . The judge granted the injunction that prevents Gator from showing ads over the sites that filed suit. This is a step in the right direction.

Gator can still do their "dirty work" on other sites though. But if Gator loses the case, of course it opens the door for others to go after them .
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Old 07-12-2002, 04:05 PM   #27
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darnell is the member of the YEAR for that post. I'm naming my next born after YOU.

WOW

Thats a HUGE step in the right direction and in my humble non-lawyer view sends a VERY strong "judicial signal" that the case has merit based on the judges view and the argument presented by the heavyweight team which I mentioned and linked to produced results.

I did some very rough calculations based on the complaint. I might be wrong but the aggragate page views of the plaintiffs is someplace around 200 milion per month.

A rough exstrapaltaion from this and just a guess could mean that for every day the injunction stays in effect it "costs" Gator and their friends 3K per day. If the trial lasts 2 years that's lost revenue of millons untill a verdict is rendered in a jury trial.

If I'm an attorney for the plaintiff (non legal thoughts) I might prolong the trial to increase the effect of the injunction. If I'm on the Gator side (never) I want the case to move quickly as the quote inidicates.

Mine is a very rough calculation since I'm not privy to the data for the various Gator campaigns which formerly poped over the plaintiffs and my guesstimate does not include lost sales to the folks which run campaigns via Gator.

Where is the Gator counter suit?
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Old 07-12-2002, 04:21 PM   #28
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Quote:
Originally posted by Steve_S
darnell is the member of the YEAR for that post. I'm naming my next born after YOU.
Darnell crying virtual tears of joy ->

Last edited by darnell; 07-12-2002 at 04:23 PM.
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Old 07-12-2002, 09:33 PM   #29
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::: prevents Gator from showing ads over the sites that filed suit.

bah, why doesn't the judge ban them from showing ads on all sites, and not just on the 16 web sites that files suit. Gator can still show ads on all of our sites, and probably over 98.6% of the rest of the internet.
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MidSummer

Last edited by Nintendo; 07-12-2002 at 09:35 PM.
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Old 07-12-2002, 11:48 PM   #30
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Steve,

Right you are about the judge's feelings about the merits of the case.

These are very difficult to actually get granted for several reasons.

Some of the very tough aspects a plaintiff must prove in bringing an injunction proceeding are:

1) That the plaintiff(s) will suffer irreparable injury if the injunction is not granted

2) That there is no other adequate remedy at law. (Which really means that money damages don't cut it... so someone has to be forced to do, or not to do something via a specific action); and

3) That the plaintiff(s) have a likelyhood of success on the merits in the action as a whole.

So, indeed it is quite a victory in my legal opinion.

-Ari
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