Zango has
settled charges with the US
Federal
Trade Commission (FTC) over the company's "unfair and deceptive" methods of
distributing its adware.
The adware maker will have to stop serving advertisements on systems that
installed the software before 1 January 2006.
A Zango spokesman declined to say how many of its 20 million installations
are affected by the ruling, but claimed it was a "minimal number". Zango also
agreed to give up $3m in ill-gotten gains.
"Consumers' computers belong to them, and they should not have to accept any
content they do not want," said Lydia Parnes, director of the FTC's
Bureau
of Consumer Protection.
"If consumers choose to receive pop-up ads, so be it. But it violates Federal
law to secretly install software that forces consumers to get pop-ups that
disrupt their computer use."
Zango was known as 180solutions until last September. The company's adware is
bundled with free content such as games, screen savers and peer-to-peer file
sharing software.
Users installing the free software also receive an application that monitors
their network connection and serves pop-up ads.
The FTC charged that Zango deliberately made it difficult to identify, locate
and remove the software.
Zango relies on third-party distributors to push its adware, paying them an
estimated 50 cents for each successful installation.
Critics charge that paying distributors for each installation creates an
incentive for non-consensual installations.
Botnet operators, for instance, can install the software on computers under
their control to collect the affiliate fee.
Zango claims that it is cracking down on these practices. The software
periodically informs users of its presence and provides instructions on how to
remove it.
Last year the company filed lawsuits against seven of its distributors, all
of which were located outside the US, but later dropped the charges.
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