16
May/03

New.Net v. Ad-Aware: Who are you calling Scumware?


Interesting fact pattern: New.net provides software that allows a browser to utilize ‘alternate root’ domain names (domain names that end in .video or .shop, for example, top level domains that have not been added to ‘true’ A root).  LavaSoft sells Ad-Aware (which it bills as ‘the morning -after pill for the Internet’) which allows a user to discover and remove ‘scumware’, ‘data mining software’ and other bad programs that have been installed, perhaps surreptitiously, on the user’s computer.  Ad-Aware identifies New.net’s software as badware and uninstalls it, allegedly crashing the user’s computer in the process.  New.net says that its software is not badware, and saying that it is constitutes false advertising, trade libel, and other things.  Here is the complaint filed in the Central District of California, via Bret’s Lextext.com site.

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