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April 13th, @08:08PM
| Adware Vendors Beware: NY AG Watching
Hi All:
New York Attorney General Eliot Spitzer appears to have started taking an interest in the misdeeds of adware vendors. In an 8-K filing yesterday with the SEC, Intermix Media, Inc. -- the folks who brought you such wonderful things as eUniverse, SirSearch, PowerSearch, KeenValue, and PerfectNav -- announced that they are the target of an investigation by the New York Attorney General ( »www.sec.gov/Archives/edgar/data/···/d8k.htm ):
said by Intermix Media:
The Company has recently been advised by the Internet Bureau of the Office of the New York Attorney General ( the “NY AG” ) that it is considering commencing an action against the Company for unlawful and deceptive acts and practices associated with distribution of toolbar, redirect and contextual ad serving applications ( “downloads” ). The NY AG asserts that the Company and/or third parties distributed downloads that were installed by users without sufficient notice or consent and in a manner that made it difficult to locate and remove the programs. The NY AG, in the event of litigation, would be seeking disgorgement of profits, civil penalties and other remedies. While the Company respectfully disagrees with the assertions of the NY AG, the Company is committed to resolving the matter as soon as practicable. The Company’s download applications and business, part of its Network segment, were created by past leadership. The Company has been in the process of scaling down its download business, which does not represent a material component of the Company’s fiscal year 2006 forecasts contained in the Company’s current report on Form 8-K filed concurrently herewith. The Company’s estimate of the financial impact of the NY AG matter is included in the Company’s forecasts, although no assurance can be given that the financial impact of the matter will be confined to the Company’s expectations.
You can read about two of Intermix Media's products on these pages from Andrew Clover's Doxdesk.com:
KeenValue
»www.doxdesk.com/parasite/KeenValue.html
PerfectNav
»www.doxdesk.com/parasite/PerfectNav.html
Intermix Media maintains a number of apparently innocuous sites and services:
Site Channels
»www.intermix.com/intermix_sitech···bout.cfm
The company offers advertisers a number of methods and means for advertising:
Intermix Marketing Strategies
»www.intermix.com/intermix_advert···gies.cfm
It offers advertisers an apparently attractive audience:
Audience Profile
»www.intermix.com/intermix_advert···ence.cfm
Finally, Intermix Media boasts that some of the largest, most recognized companies in the land advertise through its channels:
A Complete Intermix Advertising Solution
»www.intermix.com/intermix_advert···tion.cfm
Readers should bear in mind that the NY AG has not formally charged Intermix Media yet, but it is heartening to know that the NY AG is at least looking at these kinds of cases.
Best,
Eric L. Howes |
