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Re: Software to Block Ads -- Is this an illegal device?

[ posted and mailed ]
James Love wrote:

James> Janet Kornblum recently had a story in News.com which mentions

 [ PGP drops ad-blocking software due to threats from advertisers ]

James> http://www.news.com/News/Item/0,4,19156,00.html

  The story runs under the title "Ad filtering catching on?", and
goes on to mention that Solid Oak Software's[1] Cybersitter now
offers a capability to filter out ads.

  According to the story, Cybersitter will not filter ads from free
e-mail services, "because users sign contracts saying they will
accept ads in exchange for free email", according to Brian Milburn,
president of Solid Oak.

  I checked the Hotmail Terms of Service (HTS)[2] and my layman's
eyes can find no such provision.  The HTS does provide for a
clickwrap-style change of contract, though, so such a provision may
be coming.  There is a term that reserves all rights to Hotmail's and
Advertisers' content, including the rights to copy and create
derivative works.  But where is the difference between formatting and
filtering?

James> I was contacted by a non-profit group which wants to develop
James> an ad blocking version of Netscape, once NS releases the
James> source code of the browser.  They want to know if this is
James> legal or now, however.

  Indeed.  I feel that the best metaphor is the newspaper. In real
life I can get free newspapers, which are supported by advertising.
If seeing the advertisements bothers me, I can take my copy of the
newspaper and cut out the advertisements.  In doing so, I have not
harmed the copyright owner, any more than I would if I were to spill
coffee on it or tear a page out of it -- or interrupt a page while
loading.  The newspaper metaphor deflates the advertiser's claim to
harm. 

  I welcome private correspondence on this topic; I find web
filtering to be an interesting topic which is too little discussed.

Sam Mikes

Footnotes:

[1] Solid Oak Software
http://www.solidoak.com
http://www.cybersitter.com

[2] Hotmail Terms of Service
http://209.1.112.252/cgi-bin/linkdirector/svc_agreement/hp

[background] PGP Acquires PrivNet (NetDay News)
http://www.internetnews.com/96Nov/1501-pgp.shtml