[ga] Re: [Politech] GigaLaw.com's special report on pop-up ads and the law [ip]

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Declan, Doug and all,

  I got allot of these pop-up ads from ICANN registrars and registries
until I set up a pop-up block.  I wonder it this problem might have
legs to ICANN, it's registers and DOC/NTIA?  What can be done?
What should be done?  Are pop-up ads much like spam?  Should that
be a reasonable comparison?  If so, why?  If not, why not?  I believe
so.  My "Why" is really fairly simple.  Pop-up's occur without
the prior knowledge of the user/stakeholder, much like spam
occurs.  Hence amending that spam law to include Pop-up
ads seems a simple and easy yet possibly comprehensive
approach to addressing the Pop-up ads problem.

  Otherwise addressing the pop-up problem with regulation
would seem to require ICANN's being involved directly, which
I am sure would end up in a fiasco of fairly large proportions...

Declan McCullagh wrote:

> -------- Original Message --------
> Subject: GigaLaw.com Roundtable Discussion: Pop-Up Ads and the Law
> Date: Sun, 21 Mar 2004 14:02:48 -0500
> From: Doug Isenberg <disenberg@xxxxxxxxxxx>
> To: Declan McCullagh <declan@xxxxxxxx>
>
> Declan:
>
>         GigaLaw.com has just published a special report: "Roundtable Discussion:
> Pop-Up Ads and the Law."  See
> http://www.gigalaw.com/articles/2004/ip-2004-03.html
>
>         The report includes a lengthy discussion among intellectual property
> attorneys, moderated by Professor Michael Landau, and touches on all of the
> recent relevant cases, including 1-800 Contacts v. WhenU.com, U-Haul v.
> WhenU.com, Wells Fargo v. WhenU.com, Google v. American Blind and Wallpaper
> Factory, and Playboy Enterprises v. Netscape Communications Corp.
>
>         The report also includes a link to an online discussion on GigaLaw.com
> about pop-up ads and the law.  See
> http://www.gigalaw.com/forums/showthread.php?threadid=153
>
> Doug Isenberg
> Attorney at Law
> Editor & Publisher, GigaLaw.com (http://www.GigaLaw.com)
> // Get FREE daily technology law news @ http://www.GigaLaw.com/news //
>
> _______________________________________________
> Politech mailing list
> Archived at http://www.politechbot.com/
> Moderated by Declan McCullagh (http://www.mccullagh.org/)

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
    Pierre Abelard

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security
IDNS. div. of Information Network Eng.  INEG. INC.
E-Mail jwkckid1@xxxxxxxxxxxxx
 Registered Email addr with the USPS
Contact Number: 214-244-4827