Class Action Lawsuit Question

[NewChief]

I've (actually my wife) has been asked to participate in this class action lawsuit. Once again I must turn to the Planet before making any major decision in life. It's like a magic 8-ball... only way more entertaining.

http://www.ozarksunbound.com/fayetteville-firm-filing-computer-trespass-suits-against-big-companies-cf/13361


Fayetteville firm filing “computer trespass” suits against big companies | CF
Clipped Fresh — By Christopher Spencer on January 17, 2011 at 11:19 am

Flash Cookie Lawsuits Breaking Legal Ground | NWAonline.

NAN reporter Ron Wood reports that Taylor Law Partners are filing suits against companies like Google, Nordstrom and Apple because of potential snooping on their clients’ computers by these companies.

Through the near universal Adobe Flash software cookies can be downloaded without a customer’s knowledge and then track all of their online browsing habits. That information is then used by the company or sold to other companies as marketing data.

University of Arkansas law professor Ned Snow told the newspaper there is no clear legal precedent, so a judge would have to proceed cautiously when making a ruling on the legality of this practice.


Thoughts?

[bevischief]

Background?

[NewChief]

Background?

Well... we know one of the lawyers involved. The only somewhat weird part is that we have to give him (or his techs) my wife's work computer for a day, so he can search it for the cookies in question.

[Bugeater]

Well... we know one of the lawyers involved. The only somewhat weird part is that we have to give him (or his techs) my wife's work computer for a day, so he can search it for the cookies in question.
http://holycrapthatsfunny.com/wp-content/uploads/2008/02/ackbar_its_a_trap.jpg

[NewChief]

http://holycrapthatsfunny.com/wp-content/uploads/2008/02/ackbar_its_a_trap.jpg

I know. They're going to be like, "Man, her husband sure does look at a lot of porn on her work computer." 24" monitor FTW!

[bevischief]

http://holycrapthatsfunny.com/wp-content/uploads/2008/02/ackbar_its_a_trap.jpg

this.

[DaFace]

How is that any different than what browser cookies do?
Posted via Mobile Device

[Extra Point]

If they're using your bandwidth, for which you've paid, then, their squatting has hogged into it. They need to pay for some of your rent.

Like goolying on a taxi, on a street during a sleet storm; they hopped on the bumper, took the ride, crawled their way onto the top of the canopy, peeked into your wallet of preferences, took a picture of your wallet's contents, as you were opening it, while you were snuggling with your date. They, then, sold the pictures of your wallet's contents.

Did you benefit from that ride, without your permission, while paying for it?

Sue their asses.

[CrazyPhuD]

Well in 100% honesty the probability of success is so low it's actually negative. Considering that you can disable flash cookies AND it will be in terms of service when you install flash you have no leg to stand on period.

Given that named plaintiffs in a class action suit CAN be subject to penalties I wouldn't touch this with a 10 million foot pole. If you don't like flash cookies then turn them off, I have.

As for the lawyer who actual thinks there is a suit here, he should really tell his dad to stop fucking his sister.

[DaFace]

Well in 100% honesty the probability of success is so low it's actually negative. Considering that you can disable flash cookies AND it will be in terms of service when you install flash you have no leg to stand on period.

Given that named plaintiffs in a class action suit CAN be subject to penalties I wouldn't touch this with a 10 million foot pole. If you don't like flash cookies then turn them off, I have.

As for the lawyer who actual thinks there is a suit here, he should really tell his dad to stop fucking his sister.

Yup.


Additionally, unless you are provided with separate terms of use at that time, the Adobe.com Terms of Use (http://www.adobe.com/go/terms) shall apply. Please note that the Adobe Privacy Policy allows tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web beacons and similar devices

[Bugeater]

Like anyone ever reads the TOS when they install shit.

[NewChief]

Well in 100% honesty the probability of success is so low it's actually negative. Considering that you can disable flash cookies AND it will be in terms of service when you install flash you have no leg to stand on period.

Given that named plaintiffs in a class action suit CAN be subject to penalties I wouldn't touch this with a 10 million foot pole. If you don't like flash cookies then turn them off, I have.

As for the lawyer who actual thinks there is a suit here, he should really tell his dad to stop ****ing his sister.

ROFL

I'll take that as a no.

[irishjayhawk]

This is like the law a woman wants passed that makes it illegal for online people to post negative things on online memorials.

Yeah, it isn't going anywhere.

[alnorth]

This class-action lawsuit feels really slimey.

Now, I have no objection to class action lawsuits in general, though the plaintiffs usually dont get much. (lawyers get millions, plaintiffs get a $10 check or a coupon for one free product from the company that wronged them, or whatever). I got some little thing from a utility who had illegally high rates a while back, another tiny check from a microsoft class-action due to unfair prices for some reason or other.

But this case doesn't even seem wrong to me in any way. Someone is going to sue over cookies? Really? No thanks, I wouldn't want to be a part of it, it doesn't seem remotely unethical.

[ReynardMuldrake]

This class-action lawsuit feels really slimey.

Now, I have no objection to class action lawsuits in general, though the plaintiffs usually dont get much. (lawyers get millions, plaintiffs get a $10 check or a coupon for one free product from the company that wronged them, or whatever). I got some little thing from a utility who had illegally high rates a while back, another tiny check from a microsoft class-action due to unfair prices for some reason or other.

But this case doesn't even seem wrong to me in any way. Someone is going to sue over cookies? Really? No thanks, I wouldn't want to be a part of it, it doesn't seem remotely unethical.

Well, harvesting personal data from millions of people without their knowledge and selling it to a 3rd party seems pretty slimy too. Is it legal? Probably. But I don't think it's a good business practice.

[ClevelandBronco]

I refuse ever to take part in class action lawsuits unless a shitload of people sue me.

[DaFace]

Well, harvesting personal data from millions of people without their knowledge and selling it to a 3rd party seems pretty slimy too. Is it legal? Probably. But I don't think it's a good business practice.

I don't really know, but I have a hard time believing that a ton of companies are actually selling cookie data aside from maybe some sort of aggregated data. There are much better sources of information about people than cookies.

[DeezNutz]

No. Ten million times no.

The risk-reward from your perspective is ridiculously tilted, and not in your favor.

[Fish]

Well in 100% honesty the probability of success is so low it's actually negative. Considering that you can disable flash cookies AND it will be in terms of service when you install flash you have no leg to stand on period.

Given that named plaintiffs in a class action suit CAN be subject to penalties I wouldn't touch this with a 10 million foot pole. If you don't like flash cookies then turn them off, I have.

As for the lawyer who actual thinks there is a suit here, he should really tell his dad to stop fucking his sister.

This. A former employer considered something very similar to this a while back, and everyone he talked to just laughed at him. He couldn't even find a lawyer who would even consider it.

And with the names listed in the OP.... no way. Seriously, no way. You'd be facing a giant team of overpaid lawyers freshly released from hell and angry for human blood. There's no way you'd ever match their lawyer resources.

[ReynardMuldrake]

I don't really know, but I have a hard time believing that a ton of companies are actually selling cookie data aside from maybe some sort of aggregated data. There are much better sources of information about people than cookies.

You are probably right, but I am not inclined to give software companies the benefit of the doubt. I don't trust them that much.

[Phobia]

Here's what you do. Go get one of those lobotomies. Then pass the bar. Now you can properly join in the class-action suit. Because really, the participants in the suit are just lemmings who are going over the cliff. The only people for whom a class action works are the filing attorneys ... oh, and the defending attorneys as well. Plus the judge, he does pretty well for himself. So, all the lawyers involved make out and everybody else catches a screwing.