The bad news is that the judge only banned Gator from popping ads on the websites owned by the group suing Gator. That means we might have to get together a posse of adult webmaster to sue them as well, once the other guys win.
Judge: See ya later, Gator
By Stefanie Olsen
Staff Writer, CNET News.com
July 12, 2002, 1:35 PM PT
update A federal judge on Friday ordered software company Gator to temporarily stop displaying pop-up advertising over Web publishers' pages without their permission.
The order was issued in a lawsuit filed against Gator in June by The Washington Post, The New York Times, Dow Jones and seven other publishers, which allege the company's ads violate their copyrights and steal revenue.
On Friday, Judge Claude Hilton granted the motion, according to the clerk's office at the federal court in Alexandria, Va., where the suit was filed.
The companies had sought a temporary injunction against Gator preventing it from delivering ads keyed to their sites pending the resolution of the suit, in which they are seeking a permanent injunction against the company and monetary damages for any advertising dollars made from their Web pages.
Terence Ross, attorney for the plaintiffs, said the judge quickly granted the motion, prohibiting Gator "from tampering with the 16 Web sites involved in the litigation during the pendency of the case.
This really is a clear-cut case in my opinion; Gator is infringing our copyrights and trademarks. The judge came to that conclusion, and a jury will make the same decision in a trial."
"By delivering unauthorized pop-up ads, Gator is altering the intended display of the publishers' works, a right that has been recognized by the Supreme Court, Ross has argued.
The rest of the article:
http://news.com.com/2100-1023-943515.html?tag=fd_top