September 1st, 2005
Analysis of ruling against Direct Revenue
Eric Goldman, Assistant Professor of Law at Marquette University Law School, has blogged a fascinating and thoughtful analysis of the decision in the class action suit against Direct Revenue announced yesterday.
Downloading Software onto Home Computer May Be Trespass to Chattels–Sotelo v. DirectRevenue
Eric’s comments about notice and disclosure are particularly interesting to me. Partial quote:
Given the legal risks they face, I simply do not understand why adware vendors do not use mandatory non-leaky clickthrough agreements. I further do not understand why adware vendors rely upon third party distributors to form the requisite agreements with users.
This should be mandatory reading for adware vendors.
