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New York State Takes Aim at Internet Companys Use of Spyware
In a recent bid to clean-up the harmful effects of "spyware" and other Internet nuisances, the State of New York has filed a lawsuit against Intermix Media Inc., a large Internet marketing company based in Los Angeles, California.
The State alleges that Intermix provides "free" screensavers and games that simultaneously download undisclosed spyware onto the hard drives of unsuspecting consumers - a practice known as "bundling". Once installed, spyware is responsible for various Internet annoyances such as pop-up ads, additional toolbars and re-directed web addresses. These downloads are difficult to remove and often slow down the functioning or even crash the computers on which they are installed.
Filed on April 28, 2005, the State is suing the Intermix for false advertising, deceptive business practices, and common law trespass to chattels. A permanent injunction against any spyware installation is also being sought, in addition to an accounting of any profits, and the disgorgement of unjust enrichment with penalty payments.
Intermix has stated that it will continue to seek a settlement with the State in this matter. It also claims that the majority of the impugned practices were instituted under prior leadership and represent issues that Intermix is trying to address voluntarily. Some popular Intermix operated sites include mycoolscreen.com, cursorzone.com and flowgo.com.
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