Critics snapping at Gator's heels

Daily Newsletters

Sign up to ZDNet UK's daily newsletter.

NEWS
An influential advertising trade group is publicly criticising software company Gator for tampering with the already troubled online ad market. Robin Webster, chief executive of the Interactive Advertising Bureau (IAB), said the group's board of directors is demanding that Gator stop its practice of selling ads designed to intentionally block those sold on its members' Web sites. The IAB, which represents the $8bn online ad business, is also considering pressing the issue with the Federal Trade Commission. Gator has created software that displays online ads in two creative but controversial ways. Under one method, a person who is visiting a flower-delivery company's Web site, for example, might receive a so-called pop-up ad for a rival site. In addition, Gator is able to paste ads of the same dimensions on top of the banner ads being used on popular sites such as Yahoo!. Critics have compared the technology to intercepting Time magazine as it is mailed to readers' homes and gluing a new ad over the back page. As first reported by CNET News.com, Gator's ad-delivery software is included in a so-called helper application that manages passwords and user IDs. It has been installed on more than eight million computers. "By placing ads on other companies' Web sites without their authorisation, this deceives the consumer by visually altering the Web sites; it falsely suggests some affiliation between the Gator ads and the host Web site, and it interferes with the revenues of the Web sites," the IAB's Webster said. "This is pretty serious stuff, and we want them to stop," she said. In an email interview, Gator chief executive Jeff McFadden said his company is operating within its rights. "We have the right to display this form of advertising. Web site publishers offer consumers free content that comes with advertising, and we do something very similar. We're a software publisher that offers consumers free software applications that come with advertising," McFadden wrote. The IAB's complaint punctuates swelling animosity toward plug-in applications that can be used to push Web advertising in new, and sometimes manipulative, ways. Gator's software is among a collection of applications taking heat from Web site operators, who are angry that their content, without their consent, can be changed in the name of marketing. But creators of Gator and other "adware" plug-ins say they make advertising more effective and help consumers find what they're looking for faster. Other plug-ins such as Flyswat and Amazon's zBubbles have attempted to overlay content onto Web pages through their applications but have largely failed to spark consumer interest. Use of applications such as Gator and TopText is spreading fast because they are bundled with Kazaa and iMesh, two popular programs for finding and downloading music. The concerns highlight the double-edged sword held by Web publishers as they embrace intrusive advertising technology to lure marketers. Faced with weak advertising sales, online publishers have turned to big, intrusive ad formats such as pop-unders to draw reluctant marketers online -- often at the risk of alienating visitors. But now Web publishers are finding that technology used to deliver fancy, interactive ads can also be used in a way that risks undermining an already hobbled market. "Just because you can do it doesn't make it right," Webster said. Michael Zimbalist, acting executive director for the Online Publishers Association, which represents the likes of The New York Times and the Wall Street Journal Online, said he also is concerned about Gator's software and is "studying options". "As an industry, it's something that we should definitely go after. Any organisation devoted to addressing the interests of online media needs to be concerned about any third parties that interfere with the delivery of that media to its intended recipients," Zimbalist said. "It's really unfair competition that's going on when one company can interpose itself between a publisher and the audience." Those evaluating the legality of software such as Gator's say there are some subtle issues at work given that consumers are theoretically signing up to receive its service. However, many consumers complain that they are not given proper notice before receiving the application or the advertising along with it. Consumers and Web site owners alike have been actively complaining on message boards about software from Gator and other plug-ins that sell contextual advertising, or highlighted links to keywords across the Net. TopText, created by San Francisco-based eZula, is one of the main players in this market and has drawn some harsh complaints from Web users, including a Web page devoted to tearing down the practice. TopText, an add-on program bundled with third-party software such as Kazaa and iMesh, attaches itself to the consumers' Web browser and works on all Web pages. Its gold-coloured links highlight more than 7,000 keywords sold through eZula's network. A Kazaa or iMesh subscriber searching Yahoo!, for example, might see a yellow link on the word "travel" that, if clicked on, could take the visitor to another travel site. Jim Wilson, an Orange County, California resident and publisher of Webmaster site Jimworld.com, said he posted a message about TopText and received hundreds of outraged responses. This prompted him to create a page called Scumware.com to educate site owners on software such as Gator's Offer Companion and TopText. His site has a community of more than 350,000 Web site operators. "When someone comes to Jimworld and the banner is replaced by one sold by Gator, then I have just been cheated out of the revenue that comes from that advertising," he said. "The sad thing is the day Gator came out, I recommended it." Wilson said the TopText hyperlinks manipulate his Web site in much the same way, altering his intended content and giving him no way to "opt out" of the service. An eZula representative said that consumers are well-informed of the software's purpose and functions before they install it on their machines. And because consumers consent to operate the software and it does not technically alter content on any Web page, it is legal. Wilson said that he is going to show his support for the IAB's efforts in whatever action they take against such services. Among its options, the IAB may complain to the FTC that Gator is engaging in unfair business practices. Webster added that an IAB member could file a lawsuit against the company. In such an event, Webster would rally support from other members to get behind a lawsuit. She added that some IAB members are discussing a lawsuit, though she would not give names. IAB members include ad networks such as DoubleClick and Web publishers including Advertising Age and Salon.com. Webster says the IAB has a problem with its practice of selling ads that "poach off other sites advertising" because the company has not been invited by that Web site. "At this point, it's a violation of property rights," she said. "For another party to come in and either cover up your editorial or another ad that they have sold is not fair. They are poaching off other Web sites and making money off that." Webster sits on the IAB board of directors with members including Jeffrey Mahl, president of Gemstar TV Guide International's Media Sales Group; About.com chief executive Scott Kurnit; and Shelby Bonnie, chief executive of CNET Networks, publisher of News.com. Webster said she has had one conversation with McFadden, but so far he has not expressed a willingness to change his company's practice. "I'm hopeful that I'm going to get a call from Jeff McFadden saying that they're not going to continue that particular practice. And if we don't hear that, then we'll have to take action," Webster said. Rhonda Gorman, a Florida-based Webmaster, said she's concerned by the secretive way many of such programs are installed on machines and complained that they don't give site owners the option to block the advertising. "Users have a right to see the Web they want to, and Webmasters have a right to show their sites they way they want it," Gorman said. "I don't know at what point that the user's right supersedes the creators' rights." See the Internet News Section for full coverage. Have your say instantly, and see what others have said. Click on the TalkBack button and go to the Telecoms forum. Let the editors know what you think in the Mailroom. And read other letters.

Post your comment

In order to post a comment you need to be registered and logged in.

You can also log in with Facebook. Log in or create your ZDNet UK account below

  • Login

Will not be displayed with your comment

By signing up for this service, you indicate that you agree to our Terms and Conditions and have read and understood our Privacy Policy. Questions about membership? Find the answers in the Community FAQ

Get ZDNet UK's daily newsletter

Enter your email address to sign up

ZDNet UK Live

apexwm

Bill Goodrich : Just as al_langevin pointed out, with Windows Server 2008 there is no Services for Macintosh anymore. It's gone, not available....

8 hours ago by apexwm on Windows Server 2008 drops the ball for Mac compatibility
txtrainguy

Replying to an old topic that I'm currently facing with my CEO (who is on a Mac). Our servers are primarily Windows Servers, office is about...

14 hours ago by txtrainguy on Windows Server 2008 drops the ball for Mac compatibility
k0tcs3

Sure, that makes perfect sense. Pay wrong-doers money and thank them for breaching your security and pointing out your flaws, that would surely...

15 hours ago by k0tcs3 on US indicts Romanian over NASA climate change hack
Random_Error

I think he's referring specifically to Android apps, as Apple do regulate their App Store, but Google seem to let any old crap onto the Android store!

15 hours ago by Random_Error on RIM: BlackBerry will keep 'garbage' apps out of store
Paul Fezziwig

Keep the crap apps out?! How will they compete with Android and Apple's claim to fame of having so many life changing apps? I wonder if the media...

20 hours ago by Paul Fezziwig via Facebook on RIM: BlackBerry will keep 'garbage' apps out of store
Aigars Mahinovs

It has been shown time after time that if there is an author store that sells the songs at even 1$ per song and gives you a high-quality digital...

21 hours ago by Aigars Mahinovs via Facebook on Copyright isn't working, says European Commission
awbMaven

""As a result of Butyka's alleged conduct, researchers were unable to use the computers for more than two months while NASA removed the malicious...

23 hours ago by awbMaven on US indicts Romanian over NASA climate change hack
subhorup

It simultaneously worries me and uplifts me that a self-proclaimed group of internet activists name themselves after Indian mythical figures....

1 day ago by subhorup on Anonymous activists release PCAnywhere source code
naviathan

It's actually far easier to work anonymously on the internet than you think. With tools like Tor bouncing your traffic around the world before...

1 day ago by naviathan on Anonymous activists release PCAnywhere source code
Agnostic_OS

1000272134 and bluedalmatian with you both there but then I'm still in 10.04 land (and happy with it)

1 day ago by Agnostic_OS on Ten factors that make Ubuntu 11.10 a hit
apexwm

Interesting article and definitely see your points on the products mentioned. One of the top products for our Help Desk (approximately 20% of all...

2 days ago by apexwm on Ten flawed products that derail productivity
Paul Hutchinson

Absolutely - this should obviously not be handled my isp - but handled by their hosting operator. What's been suggested here is that my isp police...

2 days ago by Paul Hutchinson via Facebook on MPs urge ISPs to take down terrorist material
Techs UK

Looks like a great phone. I don't notice any deficiencies in WP7. used IOS before, that's pretty good. I don't spend much time in Apps, all i need...

2 days ago by Techs UK on Nokia pins US 're-entry' hopes on Lumia 900
Larry Bloggy

Now with the help of these apps you are always synced with MS outlook while on the move. Just download apps like xobni or outlookreflex and get...

2 days ago by Larry Bloggy via Facebook on Outlook Social Connector beta 2 and the LinkedIn connector
mike40g123

Your details are wrong. The version currently being made is the one with 2 USB ports, 256MB RAM and a network port. This is the Model B. The...

2 days ago by mike40g123 on Raspberry Pi boards set to go on sale
Moley

The thing that has been puzzling me for quite a while is how Anonymous can remain anonymous whilst not only being active on the Internet but also...

3 days ago by Moley on Anonymous activists release PCAnywhere source code
Don Dilly

If what Semantec is saying is rue, that is even worse and shows a complete disregard for thier users. If what Anonymous claims is true and the...

3 days ago by Don Dilly via Facebook on Anonymous activists release PCAnywhere source code
MattChurchy

Didn't seem particularly biased to me either. Oh though you might have mentioned some other competitors with free search and email services...

3 days ago by MattChurchy on Time for an evil umpire: Google, Microsoft & privacy
Simon Bisson and Mary Branscombe

James - exactly as much as anyone paid you for your comment; I don't feel that I need to say that I'm independant and unbiased, but just for you...

3 days ago by Simon Bisson and Mary Branscombe on Time for an evil umpire: Google, Microsoft & privacy
Carl White

Once they realise symantec are willing to pay real money, they will simply keep extorting, unless of course symantec/authorities can use the...

3 days ago by Carl White via Facebook on Symantec offered hackers $50k in source code sting