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Programs such as Toptext do not allow website owners to block out domains.
It has not been proven legal, nor has it been proven illegal.
That is why the IAB is most likely going to take Gator court. There isn't a set precedent for exactly what these programs do. The only thing close is ad/popup-blockers programs which were never taken to court.
Once it goes to court, it will most certainly be declared illegal. Such practices are not allowed in print media or television media and would already had gone to court and lost. Because the internet is the medium, it takes longer to get things done.
These companies are going to be so drowned in law suit, I doubt they'll have the time or resources to sue anyone themselves.
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