Tag Archives: Avi Naider

WhenU’s Popup Victory

WhenU, now known as Claria, has won what it calls an “important decision for the entire Internet industry” in its motion to enjoin the Utah Spyware Control Act, passed in March. WhenU had argued the Act “affects legitimate Internet advertising companies and therefore violates the First Amendment and dormant Commerce Clause of the United States Constitution, among other laws”. (Here’s a CNET story on the verdict.)

If I understand the ruling correctly (and this is based largely on Ben Edelman’s assistance), the judge has ruled that, in this particular law, Utah was unconstitutional in trying to limit popups, while it was within the constitution in trying to outlaw spyware — or more specifically, software that is installed without a licence and lack a proper uninstall procedure. As the judge did no want to break the act in half he ruled in favour of a preliminary injunction for WhenU. Ben, who works as a consultant for the Utah government, reckons WhenU could lose on appeal, since under Utah law, the judge “is obliged to regard the act as ‘severable'” — in other words, that he can keep parts and discard parts.

Avi Naider, WhenU’s Chief Executive Officer, meanwhile, is celebrating his victory. “Spyware is a problem and we want to put an end to it,” he says in a press release. “WhenU supports appropriate anti-spyware legislation at the federal level, but unfortunately Utah’s Act also impairs legitimate Internet advertising.”

WhenU Addresses Its Image Problem

The whole WhenU story gets weirder and weirder.

Last week Ben Edelman, the privacy hound, pointed out that the besieged pop-up provider WhenU was ‘cloaking’ itself. This means, in Ben’s words, ”using prohibited ‘cloaking’ methods to make search engines think certain WhenU servers offer content of interest to readers seeking certain search terms, when in fact the servers merely redirect readers to articles favorable to WhenU.” The result: ”WhenU elevates the visibility of sites it selects, while pushing critics’ sites lower in search engine rankings.”

Google and Yahoo have since removed from their listing all WhenU sites involved in the scheme. WhenU, for their part, have blamed an outside company for the move: “WhenU hired an outside Search Engine Optimization firm to legitimately enhance our search engine rankings. These issues were brought to our attention today, and we immediately addressed the situation and instructed the outside firm to reverse their actions. We anticipate being relisted at the major search engines shortly,” says Avi Naider of WhenU.

Now Ben has spotted something that WhenU may find harder to explain away: WhenU has, he says, stacked copies of more than two dozen news articles on at least 12 of its websites in an apparent attempt to create a “boost in visibility of this pro-WhenU content, at the expense of content critical to WhenU”. These websites include a dizzying smorgasbord of names, including whenubuild.com, whenuchat.com, whenyoucook.com, whenudecorate.com, whenulearn.com, whenumail.com, whenuretire.com, whenusleuth.com, whenusurf.com, whenyouinvest.com, and whereuinvest.net.

Of course there’s nothing wrong in itself with doing this, although the intention seems to be clearly the same as the earlier the move — to improve search results for webpages referring positively to WhenU. But as Ben points out: “Research has yet to determine whether WhenU has authorization to make these article copies, but the articles mention no such authorization. The articles also lack ordinary statements of copyright by their respective publications.”

I’ve sought comment from WhenU on this, and will post anything once I receive it. At first glance it does appear that WhenU are taking desperate measures in the face of public criticism and legal challenges. It will be interesting