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German Court Blocks Gator Spyware 'Pop-up' Advertising

by Donna Buenaventura / March 27, 2004 5:08 PM PST

U.S. Federal Court and State of Utah Also Take Action

The Hertz Corporation's German vehicle rental subsidiary, Hertz Autovermietung GmbH, announced that the Court of First Instance in Cologne has issued a preliminary injunction this month prohibiting Claria Corporation from using its software to place advertising, including "pop-up" and "pop-under" ads, on Hertz's website, www.hertz.de. Claria was previously known as Gator Corporation.

The court, citing sections of the German Act against Unfair Competition, ruled that Claria must stop "placing or allowing the placement of software-controlled automatic advertisements ... on (Hertz') Internet page www.hertz.de without (Hertz') consent, in particular in the form of pop-up and pop-under advertising windows." Each violation of the injunction carries penalties of up to EUR 250,000 or up to six months imprisonment.


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