Analysis of ruling against Direct Revenue

Eric Goldman, Assistant Professor of Law at Marquette University Law School, has blogged a fascinating and thoughtful analysis of the decision in the class action suit against Direct Revenue announced yesterday.

Downloading Software onto Home Computer May Be Trespass to Chattels--Sotelo v. DirectRevenue

Eric's comments about notice and disclosure are particularly interesting to me.  Partial quote:

Given the legal risks they face, I simply do not understand why adware vendors do not use mandatory non-leaky clickthrough agreements. I further do not understand why adware vendors rely upon third party distributors to form the requisite agreements with users.

This should be mandatory reading for adware vendors.