Lawyer Calls Zango Case an 'Opening Salvo'

LOS ANGELES — Adult Internet professionals should prepare for a long fight against spyware and adware, according to one of the attorneys bringing suit against Zango Inc. and Various Inc.

Colin Hardacre, associate trial attorney for the Kaufman Law Group, which is representing Epic Cash, spoke with XBIZ about Epic Cash's suit against the adware giant. He said because of the widespread nature of adware and the difficulty of blocking all of it, Epic's case represents only the "first step" in stopping it.

Hardacre said that this case presents the opportunity to send the message to other Internet companies that behavior like Zango's isn't acceptable.

"No one's had the guts to bring a case like this before," said Hardacre, who is associate counsel for the case. "It's an opening salvo."

As of today, Epic's lawyers have filed their lawsuit with the Superior Court of California in Santa Clara County, but they have not yet formally served Zango with the case.

Zango spokesperson Steve Stratz conceded that Zango has had problems in the past with their product, but he defended his company's business practices over the last few years.

Stratz said that his company's homepage, Zango.com, offers users a variety of free content, and that in exchange, they merely have to install a toolbar that delivers relevant advertising.

"We ran into some problems with how our software was distributed," Stratz told XBIZ, noting that users currently must choose to receive any services or advertising from Zango.

Stratz also stressed that one of the chief complaints levied at Zango – that it's too diffucult to remove its software – was "absolutely untrue."

"You just have to use the add-remove program utility in [Microsoft] Windows," he said. In addition he said that his company offers a free uninstall utility. It's located on the Zango customer support page.

But not everyone's convinced. According to online guru Brandon "Fight the Patent," webmasters should know what they're up against when it comes to Zango's software.

"Zango would refer to themselves as adware, since it's advertiser supported, but the user doesn't really know what its doing when they were  installing it." Brandon said.

Brandon added that "jackware" would be the right word for Zango's software, because a competitor can buy advertising with Zango that creates a popup window over an existing window.

Stratz blamed some third-party companies for manipulating the Zango download process to confuse users. In addition, anti-spyware and some security utilities can "break" Zango's software, Stratz said.

Spyware expert Ben Edelman devotes thousands of words on his blog to documenting and exposing online malfeasance, including Zango.

"Spyware has been around since before Zango," Edelman told XBIZ. "But Zango was particularly aggressive in using affiliate programs to claim commission through affiliate programs."

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote, and profit from their work, launched Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics around adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E. has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to distribute content on its streaming platform from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp signed into law on Tuesday a bill that includes Georgia’s version of the age verification of adult content provisions being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Show More