A federal judge will consider on Monday whether a San Diego company may continue to take advantage of an obscure feature in Windows software to send "pop-up" messages promoting its own software to block such ads, a lawyer said on Wednesday. A temporary restraining order -- requested in a lawsuit filed by the U.S. Federal Trade Commission on Oct. 30 -- bars the privately held online marketer, D Squared Solutions LLC, from sending the pop-up ads. The FTC lawsuit accuses D Squared of unfair or deceptive practices in what officials have likened to a high-tech "extortion" scheme. However, a lawyer for D Squared argued that the pop-up ads do not harm consumers and instead help protect them against real harm that could be caused by malicious hackers or viruses.

The pop-up ads are "no more harmful than roadway speed-bumps or television commercials," the defense lawyers wrote in their request two weeks ago to have the U.S. District Court in Baltimore lift the restraining order. "You may not like (the ads); it may be painful, but in the long run it will do you good," Anthony Dain, a lawyer representing D Squared, said in a phone interview. Dain said the restraining order should be lifted on the grounds that there is no law that prevents D Squared from sending the ads. "The FTC is trying to stretch the law as far as they can to cover this," he said. FTC officials declined to comment on the matter. D Squared, run by two undergraduate students at the University of California at San Diego -- Anish Dhingra and Jeffrey Davis, sells software for $25 to $29 that shuts off the Windows feature that allows the ads to get through.

News source: Reuters

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There are 46 additional comments
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(4 replies) Quote this comment Reply to this comment #1 Posted by wowxbox on 11 Dec 2003 - 22:47
Use a firewall!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Quote this comment #1.1 Posted by PseudoRandomDragon on 11 Dec 2003 - 23:06
Unfortunately, that will only work on a NT system. ON 2000/XP, net send does not rely on NetBIOS, it can be sent thru the programs that you must give access in order to use the internet/LAN. Having a firewall is a good start, but the service must also be turned off.
Quote this comment #1.2 Posted by g33kb0y on 11 Dec 2003 - 23:12
lol


Last edited by 11783 on 11 Dec 2003 - 23:23
Quote this comment #1.3 Posted by bluebsh on 11 Dec 2003 - 23:31
PseudoRandomDragon, as long you do not have a port mapped to a computer for the port that the messages are sent on you do not have to worry about it if you do have to worry about it
Quote this comment #1.4 Posted by mipra on 12 Dec 2003 - 06:18
for goodness shake....use a good one
(2 replies) Quote this comment Reply to this comment #2 Posted by Coolme on 11 Dec 2003 - 22:50
QUOTE
obscure feature in Windows software to send "pop-up" messages promoting its own software to block such ads


hmm.. let me guess what "feature" it is...Messenger service? Anyway, the point is hasn't EVERYONE turned that feature off yet?

Last edited by 32155 on 12 Dec 2003 - 18:54
Quote this comment #2.1 Posted by PseudoRandomDragon on 11 Dec 2003 - 23:07
netsend * pet my dragon gently
Quote this comment #2.2 Posted by Quick Reply on 12 Dec 2003 - 04:33
it's not Windows Messenger, it's Messenger Service

how hard is it really
Quote this comment Reply to this comment #3 Posted by NeoMasamune on 11 Dec 2003 - 22:52
lol, i guess not
(1 reply) Quote this comment Reply to this comment #4 Posted by MoRiA on 11 Dec 2003 - 22:52
..... or just disable the Messenger service.
go into control panel > adminstration tools > services and disable the Messenger service.
This, of course, assumes that you have access to do such actions. If you dont have such admin access you've gotta use a firewall (that you probably also wont be able to use due to said restrictions)

It annoys me when companies get money out of newbie computer users like this
Quote this comment #4.1 Posted by wired57 on 11 Dec 2003 - 23:43
so, lets offer a freeware altenitive for free, problem solved
Quote this comment Reply to this comment #5 Posted by RaWShadow on 11 Dec 2003 - 22:55
So they spam you with these pop ups so you buy there software just to have it turn off the messenger service?
There is no way they can win this.
(2 replies) Quote this comment Reply to this comment #6 Posted by weenur on 11 Dec 2003 - 23:00
It is extortion. Charge $25 to flip a switch. Lame.
Quote this comment #6.1 Posted by PseudoRandomDragon on 11 Dec 2003 - 23:08
Not only that, they have it so their software runs "all the time" to ensure the user is "fully protected from popups". Jeez. How lame. Not only are they charging $$$$, but they also have spyware on there. We hee.
Quote this comment #6.2 Posted by mipra on 12 Dec 2003 - 06:18
cant try to make it up
(2 replies) Quote this comment Reply to this comment #7 Posted by g33kb0y on 11 Dec 2003 - 23:09
"You may not like (the ads); it may be painful, but in the long run it will do you good,"
Oh really? And how in ANY way is this going to do me good?
Quote this comment #7.1 Posted by frankchn on 12 Dec 2003 - 01:08
i would take it if it gives me cash in the long run
Quote this comment #7.2 Posted by rafter109 on 12 Dec 2003 - 02:22
QUOTE (#7.1)
i would take it if it gives me cash in the long run

Good idea! Make them pay us for wasting our time.
(2 replies) Quote this comment Reply to this comment #8 Posted by derekge on 11 Dec 2003 - 23:12
Either grab the Google toolbar that blocks pop-ups or revolutionize your web experience with Opera: http://www.opera.com/
Quote this comment #8.1 Posted by Lurchybaby on 12 Dec 2003 - 01:05
OR, try staying on topic. The article is talking about a different kind of popup, one that Google Toolbar or any "alternative" browser will do nothing for....
Quote this comment #8.2 Posted by MoRiA on 12 Dec 2003 - 15:31
"revolutionise"? u mean make it awful?
i can't stand Opera to be honest.
(1 reply) Quote this comment Reply to this comment #9 Posted by TGD on 11 Dec 2003 - 23:20
I can't help but respect a company that charges $25 for something simple instructions could guide someone through in 30 seconds.
Quote this comment #9.1 Posted by shen on 12 Dec 2003 - 02:10
and on the other hand, i am disgusted by a company that charges $25 for something that can be done in less than a second (ie, three mouse clicks) via a registry (.reg) file.
Quote this comment Reply to this comment #10 Posted by wired57 on 11 Dec 2003 - 23:41
I know, lets take the scripts that are free hack them into a basic app and spam people saying remove tese popeups for free, just use this software, guanteened free from all crap and whatnot. then no one would have to worry about them at all
(3 replies) Quote this comment Reply to this comment #11 Posted by m4ch1n3g0d on 11 Dec 2003 - 23:54
People need to learn how to use their computers.
Quote this comment #11.1 Posted by Shovel on 12 Dec 2003 - 02:24
Interesting point of view.

Should they? Surely the computer should work for them, not the other way around?
Quote this comment #11.2 Posted by roadwarrior on 12 Dec 2003 - 12:47
People have to learn how to drive, right? People have to learn how to use a toaster without burning the house down, right? Why is it so outrageous for people to have to learn how to use something that they willingly bought?
Quote this comment #11.3 Posted by Octol on 12 Dec 2003 - 14:09
QUOTE
Surely the computer should work for them, not the other way around?


Exactly so.

There are tens of millions of people out there that would just love to buy a computer that's fully configured to protect them against every kind of malware right out of the box. At least they would if they knew they needed protection—which most of them don't.

Unfortunately, society is currently operating on the insane assumption that the ordinary consumer buying a Dell from Costco or Sears is aware of all potential problems associated with using a computer and is prepared and equipped to deal with them. But why anyone would think that a shoe clerk or a housewife who's not competent to open a text file could or should identify and resolve complex computer configuration and security issues before using their computers is totally beyond me. You might as well ask these people to install and adjust the brakes on their new cars before they drive them!

QUOTE
People have to learn how to drive, right?


People have to learn to drive, yes. But should they be required to also have a degree in Automotive Engineering before driving a car?

Last edited by 22045 on 12 Dec 2003 - 14:18
(1 reply) Quote this comment Reply to this comment #12 Posted by SniperX on 12 Dec 2003 - 00:43
"no more harmful than roadway speed-bumps or television commercials"

Another crap analogy offered in an equally crap defense. Even a learner driver has the knowledge to change route to avoid the road bumps, and equally anyone can change a TV channel to avoid the commercials if they feel that passionate about it.

It isn't as plainly obvious how to disable the messenger service.
Quote this comment #12.1 Posted by mrbester on 12 Dec 2003 - 11:00
Try telling my bank balance that roadway speed-bumps aren't harmful. One of these ripped out my sump as it was made too steep. Also, TV ads can be harmful (mentally), hence they can be banned
Quote this comment Reply to this comment #13 Posted by JoDaddy on 12 Dec 2003 - 01:08
man - I need to charge for something like this. How about something like, say, putting a picture on Internet Explorer menu bar. That's worth $25, isn't it?
Quote this comment Reply to this comment #14 Posted by frankchn on 12 Dec 2003 - 01:09
"help protect them against real harm that could be caused by malicious hackers or viruses." How does netsend ads protect me against viruses?
(1 reply) Quote this comment Reply to this comment #15 Posted by wowxbox on 12 Dec 2003 - 03:07
Quote this comment #15.1 Posted by mipra on 12 Dec 2003 - 06:19
hmm..?
Quote this comment Reply to this comment #16 Posted by paulhaskew on 12 Dec 2003 - 03:38
FREE XP-ANTISPY!!!!

handy little program
Quote this comment Reply to this comment #17 Posted by Quick Reply on 12 Dec 2003 - 04:37
if their software could at least filter "popups" from unknown sources and allow network administrators/trusted IPs instead of just disabling the service, and their marketed it ethically, thier software might have some merit.
(1 reply) Quote this comment Reply to this comment #18 Posted by Relativity_17 on 12 Dec 2003 - 06:01
Speed bumps? Total bull****.

Television commercials? Nah, more like text message spam 24/7/365.

I think the correct analogy would be an insurance company which burns down your house, then tries to sell you fire insurance for your next one.

Or someone gaining access to your bank account and then demanding a payment of X amount of dollars or else.
Quote this comment #18.1 Posted by mipra on 12 Dec 2003 - 06:19
never wakeup by turning ur tv on NBC though....
Quote this comment Reply to this comment #19 Posted by Quick Reply on 12 Dec 2003 - 06:40
how can it be compared to television advertising? advertising providers on television are authourised by the vendor of the station (the network) and their ads are only shown during ad breaks

These spammers have no authority from you, nor the vendor of the feature (Microsoft) to do it, and can send these ads at any time, if you are writing an important report or playing a game that crashes when one of these are sent.
(3 replies) Quote this comment Reply to this comment #20 Posted by ClintEastman on 12 Dec 2003 - 10:00
The messenger service is off by default in SP2, or am i tripping?
Quote this comment #20.1 Posted by roadwarrior on 12 Dec 2003 - 12:42
Yeah, but SP2 isn't out yet, is it?
Quote this comment #20.2 Posted by darksoul on 12 Dec 2003 - 14:40
the firewall will also be on and locked down quite tightly by default
Quote this comment #20.3 Posted by MoRiA on 12 Dec 2003 - 15:36
I have a feeling that having the firewall turned on by default is going to mean that I get lots more questions from friends about why xxxxxxx program isn't working any more... let's hope they don't lock it down *too* far, shall we?
Quote this comment Reply to this comment #21 Posted by wowxbox on 12 Dec 2003 - 14:28
no, it is in beta testing.
Quote this comment Reply to this comment #22 Posted by darksoul on 12 Dec 2003 - 14:47
http://www.popupspamsucks.com/d-squared-solutions.html
Quote this comment Reply to this comment #23 Posted by thornz0 on 12 Dec 2003 - 17:48
its like the mob offering protection from them for money
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