Adware cannibals feast on each other
Published: December 7, 2004, 4:48 PM PST
By Stefanie Olsen
Staff Writer, CNET News.com
http://news.com.com/Adware+cannibals+feast+on+each+other/2100-1024_3-5482276
.html

Companies that use free software downloads to target Web surfers with
annoying ads are turning on each other to keep customers--and the cash they
generate--for themselves.

The tactic is in the spotlight in a little-noticed legal dispute unfolding
in Seattle. Caribbean-based ad company Avenue Media last month accused New
York-based DirectRevenue of using competing software to detect and delete
Avenue Media's Internet Optimizer program from its customers' computers.

According to the Nov. 24 complaint, DirectResponse's software detects
Internet Optimizer and then sends a command to "kill" the program, a process
that deletes its files from the PC registry and from the computer
altogether. Avenue Media said DirectRevenue's tactics have caused it to lose
about 1 million customers--about half its installed base--and as much as
$10,000 a day in revenue.

"DirectRevenue, knowingly and with intent to defraud, exceeded its
authorized access to users' computers...by automatically uninstalling Avenue
Media's Internet Optimizer upon installation or update of DirectRevenue's
competing browser," according to the complaint, which was filed in a
district court in Seattle.

Avenue Media's lawsuit offers the latest twist in the tangled and sometimes
seedy tale of programs--known as adware, malware or spyware--designed to
deliver advertisements from an all-seeing and sometimes inextricable place
on the PC. Though there are many useful applications for the desktop and the
Web, the industry associated with it is much like the Wild West, with no
real rules or self-regulation, and can taint even responsible companies.

Legal experts said Avenue Media's lawsuit is important because, if the
charges hold up, it may shed light on the rights of software makers when it
comes to changing users' personal PC settings. The suit also could turn up
the volume on the outcry from consumers and privacy watchdogs over the
plague of spyware and malware applications online.

"Once the computer is infected with 10 different unwanted programs, the
person is likely to take some action to address the situation," said Ben
Edelman, a researcher at Harvard University.

Edelman says he has recorded instances of DirectRevenue's software
uninstalling Avenue Media's program. "Assuming you could get away with this,
it could be highly lucrative."

Founded in 2002, DirectRevenue makes software to monitor Web surfing
behavior and send targeted ads while people are at a particular Web site.
For example, it might deliver a Hertz ad while a visitor is at the Web site
of Dollar.

DirectRevenue acknowledges that it may uninstall competing applications in
its user license agreement: "You further understand and agree, by installing
the software, that the software may, without any further prior notice to
you, remove, disable or render inoperative other adware programs resident on
your computer."

It also makes Web game applications or other such software, including a
plug-in to keep track of U.S government atomic time, so that people are
enticed to download a bundle of applications that includes its adware. The
company's software is identified by several different names including A
Better Internet, BI, Twaintek and Thinstall, according to the complaint.

Industry experts said the charges reflect a wider trend, as makers of
stealthy software downloads increasingly target and uninstall rival
applications once their own programs are downloaded on a user's PC.

Because many such programs are designed to track consumer behavior online to
deliver targeted ads, ridding a user's PC of rival applications could mean
more revenue or prove helpful in avoiding detection down the road.

DirectRevenue did not immediately return calls for comment. In a posting on
DirectRevenue's Web site, the company said its software is not spyware, or
software that collects personally identifiable information for nefarious
purposes.

Avenue Media, based on the island of Curacao, did not respond to an e-mail
request for comment.





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