The Court of First Instance (CFI) earlier this month ruled in favour of the German branch of car rental firm, Hertz, which had argued that 'adware' software provided by the Claria Corporation (formerly known as Gator) was damaging its business.
Adware is often installed by internet users unknowingly when they download other software, such as Kazaa. The software works by monitoring search terms, URLs and keywords entered by the user, and selecting pop-up adverts on the basis of what they seem to be searching for, often displaying adverts for the rival companies of those whose websites are being viewed.
Granting an injunction against Claria, the CFI ordered the firm to stop "placing or allowing the placement of software controlled automatic adverts".
The decision was welcomed by Hertz, which announced that:
"We are gratified that the court in Cologne has recognized that Hertz and its on-line customers are harmed every time these ads appear, often without the full knowledge and consent of individuals who may have inadvertantly installed Gator's spyware on their home computers."
This follows the granting of an injunction against adware firm WhenU in a similar case in the United States earlier this year.
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