By Paul F. Roberts
September 30, 2005
Advertising software company Direct Revenue will bundle its product with the
Kazaa peer-to-peer client, according to a statement posted on the Direct Revenue
Web site.
Direct Revenue said it will offer the Kazaa P2P technology as a free software
download to consumers who agree to view "a small number of relevant
advertisements per day."
The statement, which was released without fanfare last week, is in line with
Direct Revenue's declaration on Sept. 27 that it will stop distributing its
software through affiliate Web sites and focus on distribution via
advertising-supported software.
The company supplied examples of notification screens that Kazaa users will
have to view prior to installing the P2P software.
Under a heading "What you agree to install," users are informed that Kazaa is
a free download supported by advertising from a number of adware applications,
including Direct Revenue's The Best Offers.
In a separate step, users must also click to acknowledge that they have read
and agreed to the Best Offers Privacy Statement and License Agreement, which
states that the software "will collect information about Web sites you access
and will use that information to display ads [such as pop-ups, search results]
on your computer while you surf the Web."
Direct Revenue posted the statement about its arrangement with Kazaa last
week, but kept quiet about the deal at the insistence of Kazaa's maker, Sharman
Networks, which faces lawsuits in Australia and the United States over its links
to illegal file sharing using its technology, according to a source who asked to
remain anonymous because of confidentiality concerns.
Direct Revenue has been castigated by consumer advocates such as Ben Edelman,
a Harvard University Law School student and advertising software industry
gadfly.
Edelman has frequently flagged what he claims are suspect bundling
arrangements, and inadequate disclosure and installation practices, particularly
from Web site operators who are part of Web site affiliate networks and are paid
per installation.
On Tuesday, Direct Revenue said it will stop using affiliate networks and
rely exclusively on bundling arrangements with "free advertising-supported
software" to promote its software in the future.
Read
more here about Direct Revenue dumping its affiliate networks.
In an e-mail to its distribution partners, the company said that it lost
faith in its ability to track the disclosure and consent practices used to
install Direct Revenue software from affiliate Web sites.
"Direct Revenue has had a real problem with stealth installs, and this looks
like a move in the right direction," said Alex Eckelberry, President of Sunbelt
Software Inc., an anti-spyware software vendor.
While it will take time to see how the new arrangement works out, Eckelberry
said that Direct Revenue's bundling arrangement with Sharman puts the company in
line with competitors like WhenU Software Inc.
It appears that DR is trying to go more toward the WhenU model—which
distributes its advertising software in selected bundles with a small number of
third-party companies and does not use third party affiliate networks.
Ari Schwartz, of the CDT (Center for Democracy and Technology), said Direct
Revenue executives did not mention the deal with Sharman in a recent
conversation they had, but said that they would distribute the Best Offers
software mostly through new software products, and that the company was
investing in research and development.
The Kazaa relationship "makes more sense," Schwartz said.
Schwartz, who heads up the CDT's Anti-Spyware Coalition, said that Direct
Revenue is improving its practices.
But the company, which claims 20 million users, still needs to decide how it
will handle those Direct Revenue installations that may have happened without
adequate consent from users.
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