FC: Judge grants injunction against Gator in NYT/Dow Jones suit

[Declan McCullagh <declan () well com>]

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From: "Ben Edelman" <edelman () law harvard edu>
To: <declan () well com>
Subject: Preliminary Injunction Granted - "Judge: See ya later, Gator"
Date: Fri, 12 Jul 2002 20:42:27 -0400

Declan,

Your readers may be interested in the outcome of today's hearing in the
lawsuit filed against Gator by the Washington Post, the New York Times, Dow
Jones, and seven other companies.  In short, Judge Hilton today granted the
plaintiffs a preliminary injunction barring Gator from delivering and
displaying its ads upon user requests for the plaintiffs' sites.  The case
will go to trial later this year.

See below for an excerpt of today's CNET article on topic.

I have prepared a listing of available primary source material, including
the plaintiffs' complaint and motion for preliminary injunction, as well as
my expert report about the method of operation of Gator and its appearance
to users.  These documents are available at
<http://cyber.law.harvard.edu/people/edelman/gator/>.


Ben Edelman
Berkman Center for Internet & Society
Harvard Law School
http://cyber.law.harvard.edu/edelman




Judge: See ya later, Gator
Fri Jul 12, 7:41 PM ET
Stefanie Olsen

A federal judge on Friday ordered software company Gator to temporarily stop
displaying pop-up advertising over Web publishers' pages without their
permission.

The order was issued in a lawsuit filed against Gator in June by The
Washington Post, The New York Times, Dow Jones and seven other publishers,
which allege the company's ads violate their copyrights and steal revenue.

On Friday, Judge Claude Hilton granted the motion, according to the clerk's
office at the federal court in Alexandria, Va., where the suit was filed.

The companies had sought a temporary injunction against Gator preventing it
from delivering ads keyed to their sites pending the resolution of the suit,
in which they are seeking a permanent injunction against the company and
monetary damages for any advertising dollars made from their Web pages.

...

http://news.com.com/2100-1023-943515.html for more




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