Bonzi Class Action Suit Settled: No Foolin'! 376
An anonymous reader writes "According to this
article in the Toronto Star, a class
action suit against Bonzi Software has reached a settlement.
Bonzi will not pay damages but will be required to stop using fake user
interface (FUI) style error messages to trick users into clicking on their
banners. This is a big win for the community as it will help to improve the
Internet's ailing perceived user experience.
Most of you have seen Bonzi's banners, and probably most of you won't admit
to having been fooled by them at some point. Well, imagine how many novice computer
users were tricked into installing again, or paying for software they really did not need.
Congratulations and thanks to Lukins & Annis
for a job well done.
Interestingly, bonzi.com has been returning connection refused all day. This is usually one of the net's busiest sites."
wow, how is this good? (Score:3, Insightful)
Mike
Re:wow, how is this good? (Score:5, Informative)
It doesn't, truthfully; but those novice users are still responsible for their actions. More importantly, this will help future novice users from falling for the same spiel. Sometimes, that's all you can do.
Bubba Asks (Score:3, Funny)
Bubba Asks Pros a Question (Score:3, Insightful)
Re:wow, how is this good? (Score:4, Funny)
Re:wow, how is this good? (Score:5, Funny)
Ah yes, that way millions of people could say "WTF? Why don't any of my games work?!"
Re:wow, how is this good? (Score:2)
Re:wow, how is this good? (Score:3, Funny)
Overstated Impact (Score:5, Interesting)
settlement in a landmark U.S. case that could have far-reaching
impact for companies that try to disguise their online banner
ads."
That seems like a pretty drastic over-statement. This is a
settlement, the judge didn't decide in their favor. I don't
think settlements have any value as far as precedent goes.
That's why so many people settle cases in the first place. To
classify this as a "landmark" case looks like someone is having
delusions of grandeur.
I am happy to see that they'll stop using those irritating
banners though. They don't usually get me anymore, but every
once in a while they'll cause a minor palpitation (unless of
course I'm on a Linux box).
Re:Overstated Impact (Score:5, Informative)
IANAL, but they do...
See, this settlement means that it's not correct to say that Bonzi lost the lawsuit, but it does allow somebody to say that Bonzi didn't win either. They gave up, indicating that Bonzi didn't believe enough in its own argument to bother to take it to a judge or jury.
So, to the next Bonzi-like company that comes along the message is that FUI isn't likely to be defendable in court. Yeah, there's a chance somebody else could defend the use of FUI in court and end up a winner because in the eyes of the court this is still an undecided question. However, in the eyes of the greedy businessman there's already a precedent logged in the world's history that says the first company to try to use FUI in a bold way got a public embarassment and was forced to accept an agreement that made them promise to never use FUI again.
Will there eventually be somebody willing to take the chance that FUI will stand up in court, of course. However, there's a good number of business people who when shown what happened to Bonzi will take that information and conclude that "somebody already tried that and failed" and take their company's marketing in a differnt direction, so it's going to be a good long time before somebody bold enough to make heavy use of FUI comes along.
FUI's not dead, but this settlement has it hospitalized.
Re:Overstated Impact (Score:3, Insightful)
I agree with what you said on a theoretical basis, because, of course, you are correct. But I think most small businesses(*), especially those who need to trick the consumer to buy the product, would not look for any legal precedent, let alone settlements, when choosing an advertising method. To those who are not like us, it's just another way to advertise a product
Ah... (Score:5, Funny)
Ah...a little thing called justice.
Re:Ah... (Score:5, Interesting)
Comment removed (Score:5, Funny)
Re:Ah... (Score:5, Funny)
Quick! Install the latest WinXP security patch!
Re:Ah... (Score:5, Funny)
500,000 people just stopped broadcasting!
Re:Ah... (Score:5, Funny)
The first time I saw that, I was reminded of a schoolyard taunt: "Your epidermis is showing!"
(To make this funny, you have to consider that not every kid knew what his epidermis was, and that it wasn't dirty for [parts of] it to be showing ...)
Re:Ah... (Score:5, Funny)
So, I take it that you didn't go to a girls' school in Saudi Arabia?
Re:Ah... (Score:5, Funny)
Another good one is to say "Your computer is insecure. Any website you browse can access your files." and then right below it, put a frame with a url of something like "file:///%userprofile%/My%20Documents" or "file:///~" or whatever, depending on the OS and browser reported.
Re:Ah... (Score:2)
I guess there's just too few of us running an alternate OS, but I would probably congratulate the first company who actually checks the user's OS and puts up an appropriate fake UI.
Of course that too can be spoofed - my Opera session reports itself as MSIE 5 in Windows, and m
Re:Ah... (Score:2)
Soon followed by a not-so-little thing called SlashDot.
Re:Ah... (Score:2)
and when I got there, there was a nice little popup with a fake user-interface window.
Re:Ah... (Score:2)
Bonzi buddy! (Score:5, Interesting)
Re:Bonzi buddy! (Score:5, Funny)
just as their system grinds to a halt with a big purple ape [bonzi.com] on the screen jumping out at you,
The true victim in this lawsuit is the purple ape. He has been neutered and sent to a zoo;)
Re:Bonzi buddy! (Score:5, Funny)
Re:Bonzi buddy! (Score:3, Funny)
Re:Bonzi buddy! (Score:5, Funny)
People at my (former) office would huddle around the monitor and watch the little bastard perform. Never believed me when I told them what it was, and yet constantly complained that their PCs were too slow.
Of course, now I work for IBM (work.. Yet I'm somehow posting on
Good job! (Score:4, Funny)
Re:Good job! New Friend (Score:5, Funny)
Now there's a definition of "friend" of which I was previous unacquainted with.
Ya, I was fooled... (Score:5, Funny)
my dad used it... (Score:5, Interesting)
My dad used to use bonzi before I explained what a fool he was for installing spy ware. He like the bonzi-buddy (the little Microsoft Agent Charater) because he could make it talk and it would sing to him.
Re:my dad used it... (Score:3, Funny)
Maybe you should trade your dad's computer for a parrot. ;)
-T
Re:my dad used it... (Score:3, Informative)
Re:my dad used it... (Score:5, Informative)
Re:Right, I'm sure you said... (Score:2)
Bonzi, Ponzi, Shmonzi ? (Score:5, Interesting)
Their scheme (not to be mistaken for the way more profitable, way more illegal Ponzi scheme) most likely made them enough money to be of value to a lot of other seedy companies.
Still - a milestone !
Need to filter out this address (Score:2, Interesting)
do it your damn self (Score:3, Insightful)
Client Side sotware. (Score:5, Informative)
Ad-aware (http://www.lavasoft.de/index.html) is a nice client side product for scanning and cleaning out spyware from your system. Its free version will do almost everything the paid version will but it won't doing anything automaticaly.
mynetwatchman.com does a very good job at listing bad hostnames and ips so if you want you can check that site for more info.
Hope that helps!
Big win? (Score:5, Insightful)
Bonzi will not pay damages but will be required to stop using fake user interface (FUI) style error messages to trick users into clicking on their banners. This is a big win for the community ...
A big win? What are you smoking? Bonzai duped countless users for years and completely got away with it. They didn't have to pay anything. A big win would be if they got slapped with such a huge fine that it would serve as a lesson to other companies contemplating the same sort of "business model".
GMD
Re:Big win? RIAA and other agreement (Score:2)
Excellent!
Btw, fully agree with the rest of your post too. How many more of these "big wins" can we afford?
At least... (Score:2)
Hey, I'm just glad that, for the first time in like years, my computer is actually optimized for the internet.
Re:Big win? (Score:5, Funny)
No, A big win would be if they got slapped with a large trout.
Cavaliers (Score:5, Funny)
Bad joke, I know but it had to be said, err... written.
Re:Cavaliers (Score:5, Funny)
Of course not - they hit the monkey, and won the cash!
Re:Cavaliers (Score:3, Informative)
Re:Cavaliers (Score:2)
Your Computer is Being Controlled by a Moron (Score:4, Funny)
Re:Your Computer is Being Controlled by a Moron (Score:2)
Re:Your Computer is Being Controlled by a Moron (Score:2)
Nothing (Score:3, Funny)
Re:Nothing (Score:4, Funny)
Kintanon
Any Bonzi-type ads for Apple? (Score:2, Interesting)
Seems like someone would try to create ads that follow the Aqua L&F...at least if they are selling their 'goods' to a Mac crowd.
On the other hand, Apple may not like that, and be more proactive than MS in stopping this kind of thing.
Fooled? I hardly think so. (Score:2)
Yeah, 'cause on a linux or MacOS X box, those Windows dialog boxes look SO realistic! I know I always had to think twice. Not.
It's a shame they're going to stop using (snicker) "FUI". I thought it was fantastic- Internet Darwinism!
OH PLEASE (Score:5, Interesting)
It's kind of like the story about the burglar who sued for being trapped for 8 days in a garage of a house that he burgled -- with "nothing" to survive on, except a case of soft drinks and a bag of dry dog food.
You should read his legal arguement: "The candy was either furnished by Mr. Carstens' employer, or by the receptionist employed by Mr. Carstens' employer, with full knowledge of the company's management and because the injury occurred in the course of his employment, Mr. Carstens had clearly sustained an injury compensable under the Industrial Insurance Act."
Compensable? What does that word mean? Do they mean like... as in... compensation? Do they mean like... M-O-N-E-Y?
But the really shocking thing is: HE WON THE CANDY LAWSUIT AND ACTUALLY GOT MONEY FOR HIS "TRAUMATIC INJURIES"! You can read all the "traumatic" details of that fateful day at: http://www.wa.gov/biia/890723.htm
However, there's one more interesting twist to this story. It turns out the "businessman" who filed the lawsuit is not really a "businessman" after all, but a lawyer who is just pretending to be someone else -- and it gets worse -- the "employer" that Mr. Carstens sued was none-other-than the law firm of "Ludkins & Annis" -- that's right, the same law firm who is now suing Bonzi Software on Mr. Carstens' behalf.
If you are scratching your head, so am I. I don't get it. What's really going on here? This lawyer claims he does not work for the law firm of Ludkins & Annis -- yet, their website in Google's "cache" says: "Philip J. Carstens has been a principal at the law firm of Ludkins & Annis since 1974."
SO LET ME GET THIS STRAIGHT. YOU HAVE A LAWYER -- WHO SUID HIS OWN LAW FIRM FOR BEING "TRAUMATICLY INJURED" BY A PIECE OF HALOWEEN CANDY -- AND NOW THIS SAME GUY HAS BEEN "INJURED" BY INTERNET POP-UP ADS TOO.
The poor guy. I guess some people just have all the bad luck.
How do ads like these work? (Score:4, Funny)
How many people, once fooled into the company's web site, decide "Hey, I'm already here. Why not give them my credit card number for some useless piece of shit I don't need."
?
I'm serious. Has there ever been a study on this sort of thing?
People like that make me sick. (Score:4, Insightful)
They have no idea that the content of one's character is the most important thing in the world. Contrary to what the religions of mammon would have you believe, the ONLY truly holy thing there can ever be is an impeccable character. I'd much MUCH rather sleep in the gutter with a sparkling character than be a Banzi executive.
Bunch of animals, those Banzi creatures, and everyone like them... no, I take that back... most animals are sincere... humans have the corner on the liars market.
Re:People like that make me sick. (Score:2)
What about animals such as the Angler Fish [ukonline.co.uk] or the like, which use tricks to capture prey?
Not quite (Score:5, Insightful)
Geek version.... (Score:5, Funny)
WARNING Linux user! You have some Micro$oft webpages in your browser's cache! We can help you remove them safely!
Open up a shell and type: apt-get install hitthemonkey
K THX!
I was tricked.. (Score:3, Interesting)
That's just dirty..
Gimme a 'P'! (Score:4, Funny)
gimme an 'E'!
gimme a 'C'!
gimme another 'E'!
gimme a 'D'!
gimme yet another 'E'!
gimme an 'N'!
gimme a 'T'!
What's that spell?
PRECEDENT!
Re:Gimme a 'P'! (Score:3, Informative)
Dumb targeted adverts (Score:2)
eeek! How the hell did Windows get installed on my mac??? Why are there these ugly boxes showing up???
However, I was concerned about this dangerous "IP address" it mentions, so I still downloaded it for that protection...
Re:Dumb targeted adverts (Score:3)
Bonzi's buddies are getting out of hand. (Score:3, Interesting)
style sheets to block annoying ads (Score:5, Informative)
nope -- I don't see any of them anymore thanks to the userContent.css style sheet.
it will match urls for ads and replace the image with nothing. So, you get the web page without any irritating ads at all.
The css lines are customizable as much as you like. They look like this:
A:link[HREF*="?click"] IMG { display: none ! important }
A:link[HREF*="?banner"] IMG { display: none ! important }
more details and the file at this url:l laCustomize [fogcat5.com]
http://www.fogcat5.com/twiki/bin/view/Fogcat/Mozi
Re:style sheets to block annoying ads (Score:5, Funny)
Well, that's all well and good, but your computer is broadcasting an IP address which can be used by hackers, and now you can't even be warned of this fact. Thanks to Bonzi, I found out about this years ago, and my net experience has been much safer since I installed their software. *phew*
Yum. (Score:5, Interesting)
Re:Yum. (Score:3, Funny)
Oh, so you've met my brother-in-law then?
So how much did the sharks collect? (Score:3, Interesting)
MS Office Paperclip (Score:2, Funny)
Dumbasses... (Score:4, Insightful)
I'm just happy that I got my computer illiterate parents to use Mozilla. When the telco guy was installing DSL, he told them that they'd have to use IE and Outlook. I nearly kicked him out on his ass.
Why Didn't Microsoft Sue Years Ago? Part II (Score:5, Insightful)
This could have been ended years ago if Microsoft had dropped a Look & Feel lawsuit on them. After all, they defend even their ownership of the word "Windows".
Or was this some secret plan of MS's -- like licensing *nix from SCO when SCO doesn't own it -- to get people to upgrade to XP so these banner ads will appear obsolete? This is how MS protects their users, by changing the whole visual metaphor?
My Dad... (Score:2)
Even though I've explained it to him several dozen times, he still calls. I finally had to install a popup blocker on his browser so as to reduce the number of times he called me.
Oh, he also double-clicks hyperlinks. Anyone else seen that anoyning trait?
Re:My Dad... (Score:3, Insightful)
My favorite was him coming to me trying to get the pr0n, complete with dialer, off of the computer and giving the excuse of "I was just trying to see how easy it was to protect your [younger] sister." Tsk tsk tsk.
But then again my dad is far enough up in management (and has been) that he didn't see ANY humor in Office Space at all. Now THAT is sad.
Just use a mac... (Score:2, Informative)
Now, where is the class action suit against stroboscope ones ?
I like this one: (Score:4, Funny)
Helpful warning, kind of one the same lines as:
Your epidermis is showing!
people fall for those? (Score:2)
KeWl (Score:4, Funny)
My Imagination? (Score:5, Funny)
god i miss the net (Score:3, Insightful)
back in those good old days when the ICQ numbers were less than one million, and the beautiful Netscape animated logo (early browser 2.x & 3.x) distracted you till a juicy HTML downloads. Not the stupid Bonzi shit we must live with, a non-tech friend of mine asked me to help him with his computer and I discovered this Bonzi crap, after hours of registry tweaking I managed to remove it, instead of providing a real valuable service their business model is to fuck their customers and ruin there machines and trick them into installing their crap Bonzi, its like selling pizza by stuffing it in your client throat.
yep... (Score:5, Funny)
Max
Why you can't view www.bonzi.com (Score:5, Informative)
Kazaa Lite and other applications come with a modified Hosts file you can use to route a number of nasty sites to localhost.
http://www.bonzi.com is one of the sites that are blocked by default.
Very nice. I like it, and it's funny to see IE open a popup that loads my workstation's custom 404 error message instead of sending me to popup Hell. Doubleclick and other sites are in that same custom hosts file.
DOS these boxen? (Score:4, Interesting)
Having had several relatives fall into one of their traps only to call me pleading for help and explaining how they got this error message that their computer was "under performing" and that this software would fix everything and now windows can't find this "Registry" thing.
Then again, when I worked in the corporate helpdesk I had a user call me one day complaining that his computer didn't work... upon further discussion it came to light that he ran out of disk space so he deleted all his (we'll as many as he could before his computer started freaking out) DLL's off the machine.
Oh now thats Cruel (Score:5, Funny)
So what do people do when they read this, they click it to see if its true - that was just a ploy to get us to slashdot the site wasnt it
Re:Oh bullshit (Score:5, Insightful)
Re:Oh bullshit (Score:5, Interesting)
You're either trolling or smoking something, but I'll bite. These are not 'similar' interfaces to encourage familiarity and comfort. These are 'similar' interfaces to deceive "customers" into thinking that it's not an advertisement but rather is part of the system's normal warnings.
It's kin to the full-page magazine ads that look just like stories - which have been found to be deceiving, which is why they all have to have 'advertisement' printed at the top and bottom.
Also, parodic uses of common UI's do occur. These are protected under the first amendment. Just for civil liberties in general this is a bad court case. It's similar to the Nike free-speech/commercial speech court case recently in the US supreme court.
This was not a parody. This was not a satire. This was intended to deceive viewers into thinking it actually was the original art, thus violating the protections given to parody and satire.
-T
Re:Oh bullshit (Score:2, Insightful)
So I guess there should be a different litmus test for online ads than for print ones?
Re:Oh bullshit (Score:2)
Re:Oh bullshit (Score:2)
The relivent test of course is "are people really are being tricked by these adds." Based on the volume of this crap I have to remove from peoples' computers on a regular basis I'd say the answer is clearly "yes".
Re:Oh bullshit (Score:2, Interesting)
Web browsers ought to do the same, although sticking a border round every image might be overkill. Perhaps some hairy heuristic could work out what looks 'rather like' a system window and disguise it appropriately. I'm talking here of images embedded in web pages (which can still look near enough like a dialogu
Re:Oh bullshit (Score:5, Insightful)
Don't misunderstand me, I am a HUGE fan of the first amendment (and an ACLU member). But I believe that the Bonzi ads are fraud. Fraud is not protected, not should it be. They are trying to trick people into clicking, not entice people into clicking, a very important difference. I don't think that this adversely effects the 1st, even in cases of interface parody... (esp. since it is a settlement, not a decision).
Re:Oh bullshit (Score:5, Insightful)
You are correct. This has nothing to do with the first amendment, nor do most issues where people cry out about it. The first amendment, with relation to freedom of speech, simply states that the GOVERNMENT cannot prevent free speech, except in the cases of public endangerment, fraud, or misrepresentation. Police may not be allowed to stop a 'peaceful protest,' but Joe Citizen can go down and put duct tape over their mouths.**
This case against Bonzi is purely fraud and misrepresentation. They are purposely deceiving potential "clients" in hopes of gaining something of monetary value.
-Ab.
** Putting duct tape over their mouth to shut them up does NOT infringe on their first amendment rights. Private citizens and entities retain the right to regulate speech. It does, however, break other laws, such as simple assault, unlawful detainment, and generally being a prick.
Re:SYSTEM WARNING! (Score:4, Funny)
Re:Yikes (Score:2)
sign: Bonzi the monkey
Re:Yikes (Score:2)
Re:Fooled? (Score:2)
Re:Twit? - Precisely (Score:2)
Of course sleaze targetting novice users would emulate the win98 interface: that is what is installed on the vast majority of their target (read: naive) market. To make this point into elitist bs is absurd. Doesn't linux want these teeming masses of "morons" to switch over?