Security firm Avira has won a court case that can not only be chalked up as a win for consumer rights, but could also set something of a precedent. Germany company Freemium.com took Avira to court for warning users about 'potentially unwanted applications' that could be bundled along with a number of popular games and applications.
Freemium.com downloads included a number of unwanted extras in the form of browser toolbars, free trial applications, adware, and other crapware. Avira's antivirus software warned users installing such applications; Freemium took objection to this and filed a cease and desist letter, claiming anti-competitive practices. But the court ruled in Avira favor, saying it could continue to flag up and block questionable software.
Freemium runs a number of download and gaming sites, and its own installer is frequently used in place of a regular setup executable. It is used to install software from partners and advertisers to generate extra funds. The company claimed its ad revenue has dropped by 50 percent since its software had been flagged. The court said that Avira was well within its rights to issue warnings about potentially unwanted components. Freemium was ordered to pay all court costs.
Avira CEO Travis Witteveen said:
This ruling establishes a major legal milestone in the fight against misleading consumers into unintentionally installing unwanted software onto their computers. Earlier this year we established clear guidelines defining unethical software behavior, and defining what our security software will block. We believe in 'freemium' and advertising-supported business models, however they must remain transparent and ethical in their implementation.
Freemium had argued that users were given the ability to opt out of installing extra software, but the court found that opting out was not made sufficiently clear.
Photo credit: zimmytws / Shutterstock
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