"We have implemented strong policing efforts to detect
distributor wrongdoing, and have a no-tolerance policy through our
Distributor Code of Conduct,” said Daniel Todd, co- founder and
president of 180solutions. “When we discover a partner in violation
of our Code, we shut them down and, when necessary, take legal
action to avert future bad behaviour."
According to the firm, a key policy is that every distributor
clearly explains to the user what is being installed and receives
informed consent from that user to install the product. Only after
consent is gained is a distributor permitted to proceed with the
installation of a 180solutions product.
The case, filed in King County Superior Court, targets seven
affiliates – those who sign up to distribute the software in return
for commission who failed to comply with this
requirement.
Named in the suit are Eric de Vogt of the Netherlands, Jesse
Donohue of Australia, Khalil Halel of Lebanon, Imran Patel of the
United Kingdom, Zarox Souchi of Canada, Youri Van Den Berg of the
Netherlands and Anton Zagar of Slovenia.
According to the complaint, each defendant used botnets
networks of computers that can be exploited by spammers and hackers
to forward junk email and viruses without the knowledge of the PC
user to secretly install 180solutions software onto
computers
Adware, software that triggers pop-up ads related to the content
being viewed by a user, has been getting a bad press lately, and
adware firms have been finding themselves the target of lawsuits.
Most recently New York Attorney General Eliot Spitzer brought a
court action against internet marketing firm Intermix Media,
alleging that it was the source of spyware and adware that has been
secretly installed onto millions of home computers.
Federal legislation to tackle the issue is now before
Congress.
With the pressure on adware firms growing, 180solutions appears
to be trying to reshape its image. According to the firm, it has
shut down over 500 of its more than 8,000 distributors due to
non-compliance with the company's Code of Conduct since January
this year.
Speaking to Vnunet.com, spyware specialist Ben Edelman called
the suit a public relations exercise.
"I don't see them having any business model other than watching
what users do online and serving them pop-up ads. Their software
shows ads, they are adware,” he said.
