Dealing with Pop-ups


 

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ETHICAL DISCUSSION

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We would like to offer our annotated bibliography for better guidance.

Annotated Bibliography

"IAB: US online advertising shoots up 26 per cent." Direct Traffic Media. 06 July 2007. 09 June 2007 <http://news.directtrafficmedia.co.uk/IAB_US_online_advertising_shoots_up_26 _per_cent_18172920.htmll>.
This website is useful because it contains information from a Interactive Advertising Bureau report that estimates online advertising revenues for the first quarter of 2007. This information is important in underscoring the magnitude of the online advertising sector, which it turn helps explain the prevalence of online advertisements.

Brain , Marshall . "How Web Advertising Works." How Stuff Works. 09 Jun 2007 <http://computer.howstuffworks.com/web-advertising.html/printable>.
The How Stuff Works website is useful in a wide variety of fields. Here, the article on online advertising included a particularly clear explanation of the evolution of online advertising from banner ads, to pop-up ads, and other forms. This information, along with its data on click-through ratios, helped contextualize the place of pop-up ads in the larger picture on online advertising.

Cassavoy, Liane. "Bye-Bye, Pop-Ups. Hello...?." PC World 08 Mar 2004 09 June 2007 <http://www.pcworld.com/article/id,115026-page,1/article.htmll>.
This article was useful first as a source of statistics regarding the prevalence of pop-up ads. The thesis forwarded by the article, that pop-up ads are diminishing and that a new form of online advertising will take its place, was incorporated into our discussion of the overall trend of online advertising. It supports our argument that online ads are only becoming more aggressive as time goes on.

Stern, R.H.. "Challenging search engines and pop-ups under copyright law-part 3." Micro, IEEE 24(2004): 6, 70-72.
Richard Stern’s column proved invaluable in helping us think through the legal issues of pop-up ads. In particular, his exploration of the concept of derivative works and how they apply to pop-up ads was thorough and clearly presented. His analysis forms one of the major discussion points in the legal section of our website, providing a very interesting way to think about pop-up ads.

Gauzente, Claire and Ranchhod Ashok. “Ethical Marketing for Competitive Advantage on the Internet.” Academy of Marketing Science Review 2001 (2002): 1-7.
<http://www.amsreview.org/articles/gauzente10-2001.pdf>
This paper is very useful in terms of having an academic, an intellectual study perspective on the issue of Internet Marketing. They developed some frameworks for businesses to assess the level of intrusiveness their businesses impinge upon. They also point out to important factors that should be considered to ensure the autonomy and the privacy of the individual user.

Gesmer, Lee, and Susan Mulholland. "Pop-Up Ads, Trademark Law and the Meaning of “Use”." Technology Law Bulletin 12(2004): 1-2.
While Richard Stern’s column focused on the copyright issues of pop-up ads, this paper took on the trademark issue. Like Stern’s analysis, the ideas from this paper inform a large part of our discussion in the legal section of the website. It clearly spells out the points of contention surrounding the “use” of trademarked names, and how cases in the past have dealt with them.

"Dot Com Disclosures." Federal Trade Commission. May 2000. 10 Jun 2007 <http://www.ftc.gov/bcp/conline/pubs/buspubs/dotcom/>.
The FTC has issued two documents designed to help advertisers implement advertisements online without being “unfair” or “deceptive” according to FTC standards. This website includes attempts to concretize these abstract principles by spelling out, in exhaustive detail, the standards and guidelines for acceptable online advertising.

Majoras, Deborah Platt, et al. "Spyware Workshop." Staff Report, Federal Trade Commission Mar 2005 T1-D6. 08 June 2007 <http://www.ftc.gov/os/2005/03/050307spywarerpt.pdf.>
The FTC held the Spyware Workshop to generate ideas on how to move forward in dealing with spyware, often taking the issue of pop-up ads into account. Like any report tasked with summarizing a workshop or conference, the report reflects the disagreements and divergent opinions of its panelists. Still, the ideas discussed in the report proved useful to our suggestions for future policy in our legal section.

Nielsen, Jakob. “The Most Hated Advertising Techniques.” useit.com. 6 Dec 2004. 8 June 2007
<http://www.useit.com/alertbox/20041206.htmll>
This is a very useful site in terms of guiding the individual, advertiser and the corporate websites. They also publish the results of conference they held and determined what works well and what completely plays with the psychology of the customers.

Palmer, E. Daniel. "Pop-ups, Cookies, and Spam: Toward a Deeper Analysis of the Ethical Significance of Internet Marketing Practices." Journal of Business Ethics 25 (2005): 271-280.
Palmer’s article is important in terms of urging the reader to look for societal transformations that lay behind the surface problems. The observation that with the spread of Internet use, the terms of access is mainly determined by the businesses and the individual user loses the control as well as bearing new costs proves to be invaluably important.

"Pop-up Ad Spammers Settle FTC Charges." Federal Trade Commission. 09 Aug 2004. 08 Jun 2007 <http://www.ftc.gov/opa/2004/08/dsquared.shtm>.
This press release from the FTC describes the action taken against D Squared for exploiting a loophole in Windows Messenger Service. It is valuable because it shows the FTC’s analysis in arriving at its conclusions, which helped us to explain how the FTC functions in our legal section.

“Pop-Up Advertisements: Ads or Adware?” Intranetjournal. 2007. 8 June 2007.
<http://www.intranetjournal.com/spyware/popups.htmll>
This website helps the reader better differentiate between a legitimate ad and adware. It gives us some guiding questions to decide between these when faced with something of this nature.

“Pop-ups.” PCToday. September 2004. 8 June 2007.
<http://www.pctoday.com/Editorial/article.asp?article=articles/WebOnly/TechSupport/441w10/41w01.asp&guid=>
This site gives an overview of the tricks and traps involved in pop-up advertising. It also serves as a place to consult what individuals and businesses should be doing along with their justifications.

"Advertising.com Settles FTC Adware Charges." Federal Trade Commission. 03 Aug 2005. 08 Jun 2007 <http://www.ftc.gov/opa/2005/08/spyblast.shtm>.
The FTC issued this press release to describe the charges it had brought against Advertising.com for bundling adware with security software. The release describes in detail exactly what the FTC found objectionable in this practice. Therefore, this provided a useful example our legal section as to how an advertising practice meets the FTC’s standard of deception.

"Zango, Inc. Settles FTC Charges." Federal Trade Commission. 03 Nov 2006. 08 Jun 2007 <http://www.ftc.gov/opa/2006/11/zango.shtm>.
The FTC’s case against Zango included charges that the company was both deceptive and unfair in its advertising practices. This press release therefore is a valuable example for our legal discussion, as it demonstrates how these terms are applied in actual cases.

"Tougher anti-spyware legislation gets US approval." PC Pro. 07 June 2007. 09 Jun 2007 <http://www.pcpro.co.uk/news/115082/tougher-antispyware-legislation-gets-us- approval.htmll>.
This news article provides extremely timely information regarding the latest efforts by the U.S. government to combat spy ware. This, along with the articles brief discussion of failed efforts in the past, helped to frame our suggestions for future government action.

"On Fighting spam, spyware, and malicious software." Commission of the European Communities COM 68815 Dec 2006 1-12. 11 June 2007 <http://ec.europa.eu/information_society/policy/ecomm/doc/info_centre/communi c_reports/spam/com_2006_0688_f_en_acte.pdf>.
This communication from the European Commission helps provide an international perspective to our legal section. Not surprisingly, the concerns raised and actions proposed are quite similar to those by the FTC in the U.S.

National Conference on State Legislations. na. 13 June 2007. <http://www.ncsl.org/programs/lis/CIP/CIPCOMM/Steinhardt01/sld002.html>

 

 

 




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Last updated: 06/13/07.