The
Federal
Trade Commission (FTC) has reached a
short-term
agreement with a video download site accused of bombarding users with
pop-ups and demanding money to make them go away.
Digital Enterprises Inc has entered into an interim agreement with the FTC to
limit its pop-up software and to inform users what the software will do
beforehand.
The deal will apply to three Digital Enterprises video sites:
Movieland.com,
Moviepass.tv
and
Popcorn.net.
The original FTC complaint accused Movieland.com of flooding users' systems
with pop-up windows which played minute-long audio files and demanded that users
pay a $29.95 fee to stop the notices from appearing.
Pop-ups could not be closed or minimised and the software was "difficult or
impossible" to remove.
The agreement allows all three sites to continue to install the pop-up
software, but limits their frequency to one per hour, five times a day, and no
longer than 40 seconds in length.
Pop-ups are also required to have a button to disable the audio and allow the
notice to be covered by other browser windows.
The end-under license agreement for all three sites requires users to 'opt
out' in order to avoid the fee and pop-ups.
Users are allowed a free three-day trial of the movie-viewing software and
are required to cancel the service during that time in order to avoid activating
the billing pop-ups.
The agreement states that by not manually cancelling within three days, users
are agreeing to pay for the service.
'During the trial period you may cancel by visiting the company homepage and
clicking through the cancellation links,' the agreement states.
'After the trial period, you must contact customer service (contact
information is on the company homepage) to cancel and pay your outstanding
balance, if any.'
After the trial period, the pop-up software is activated. The software
auto-starts and, according to the company, will continue to run until the user
has paid the $29.95 fee.
The interim agreement means that there will be no preliminary hearing in the
case, which is set to resume in January 2008. Digital Enterprises will not have
to admit to any wrongdoing over the duration of the agreement.
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