Eric Goldman, Marquette Law faculty professor has blogged about the Direct Revenue court ruling.
It seems he thinks it’s a big deal.
He thinks it may set a precedent that downloading Direct Revenue software could be considered a Trespass to Chattels (“a somewhat obscure tort action arising out of unauthorized dispossession, use, or interference with the tangible property of another.”). Wiki explaining the concept here.
Eric’s words:
“I trust we all can appreciate the floodgates of litigation that may open if undisclosed downloading of software (not just adware) onto a user’s computer can support a trespass to chattels claim (if you’re having trouble visualizing, just think two words: Flash and Java). We’ll have to see if the court puts any better parameters on its thinking at the summary judgment stage.”
Alex Eckelberry
(Tip o’ the hat to Suzi)