This should be an interesting case, even though some of the cases Spitzer has going forward seem more political than anything else.
Spitzer Swings at Spyware in Suit Against Net Marketer Intermix
Michael Gormley
The Associated Press
04-29-2005
New York Attorney General Eliot Spitzer sued a major Internet marketer Thursday, claiming the company installed "spyware" and "adware" that secretly install nuisance pop-up advertising on screens, which can slow and crash personal computers.
Spitzer said the suit filed in New York City against Intermix Media Inc. of Los Angeles combats the redirecting of home computer users to unwanted Web sites and its own Web site that includes ads, the adding of unnecessary toolbar items and the delivery of unwanted ads that pop up on computer screens. After a six-month investigation, Spitzer concluded the company installed a wide range of advertising software on countless personal computers nationwide.
"Spyware and adware are more than an annoyance," Spitzer said. "These fraudulent programs foul machines, undermine productivity and in many cases frustrate consumers' efforts to remove them from their computers. These issues can serve to be a hindrance to the growth of e-commerce."
An Intermix spokesman didn't immediately respond to a request for comment.
Spitzer's civil suit accuses Intermix of violating state General Business Law provisions against false advertising and deceptive business practices. He also accuses it of trespass under New York common law.
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