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The Intellectual Property StrategistKickerSectionsNewsLJN Newsletters

Spyware: Courts and Legislatures Respond

By Erin S. Hennessy

Most find it to be a nuisance. Advertisers consider it to be cutting edge. Either way, spyware (or adware) is receiving a lot of attention recently in the press, in the courts and in legislatures around the country.

Simply put, spyware is software that is placed on a person's computer, often without the user's knowledge (by downloading some other free software program like a music download service or free screensaver) and then monitors Web-surfing activity, which results in the triggering of pop-up advertisements on the computer user's computer screen. For example, if a computer user types “Macys.com” into its browser, pop-up advertisements for its competitors such as Bloomingdale's or Saks Fifth Avenue may come up. There are two main companies that distribute software that includes spyware ' Claria Corporation (formerly known as Gator) and WhenU Co.

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