Spyware Publishers Get Kicked In The...

Spyware sucks. That goes without saying. And the law is a bit too slow in fighting it well enough. But, a court in Chicago just set the stage for a showdown that might lead to a flood of litigation that will actually accomplish something.

In Sotelo v. DirectRevenue, the plaintiff filed suit against a number of defendants claiming trespass to chattels (among other things) for spyware that was placed on the plaintiff's computer without permission and which depleted and interfered with the computer's resources and bandwith. The claim of trespass to chattels relates to the interference with personal property (i.e., parking your neighbor's tractor in your garage and locking it in might constitute a trespass to chattel).

The defendants filed a motion to dismiss the lawsuit prior to trial. The court sustained the motion (disagreed with it), stating that although trespass to chattels historically involved the taking of personal property, "interference" with another's personal property could be sufficient.

Now understand that the plaintiff hasn't won the case; this was just a pre-trial motion to have the case dismissed. What it does create, though, is the reality that the court will probably find the defendants liable for trespass at trial. And, if this court finds the defendants liable, other courts will naturally follow. If they do, a new claim against spyware publishers will be born. If the courts disagree, the supreme court may take up the disagreement (in a few years, of course) and resolve it.

This is another case to follow that impacts all computer users.

~ Brock