Spyware Firm Accused Of 'Trespassing' In Class Action

by Glen Shapiro, LawAndTax-News.com, New York

07 April 2005

According to reports in the US media this week, a class action suit against spyware originator, DirectRevenue has taken a slightly different tack than other cases brought against such firms, taking issue with the methods used to infiltrate the computers of internet users.

In the legal action, filed in the Cook County Circuit Court, the class argued that the New York-based firm had "unlawfully used and damaged plaintiff's computers to make money for themselves while willfully disregarding plaintiff's rights to use and enjoy their personal property".

The business model employed by DirectRevenue means that small independent distributors are paid several cents per installation to bundle spyware with the downloads that they offer to internet users.

Speaking to the eWeek news service, spyware researcher Benjamin Edelman explained that the allegations being made in the class action differ from previous actions, which have centred on objections to the content of adverts appearing as as a result of the downloaded software, or the fact that the material is appearing without the permission of the websites being browsed.

"This case is different, because it's about sneaking on to people's computers in truly underhanded ways," he observed, continuing:

"In some senses, though, that makes it an easier case. It's easy to prove that they are installing without permission. It's a lot like trespassing."

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