In a federal case pending in Illinois, (Sotelo v. DirectRevenue) a judge has accepted the idea that placing spyware can result in a tort claim of trespass to chattels.
In the lawsuit, the plaintiff alleged that the defendant deceptively placed software on his computer, which allowed them to track the user and place targered pop-up ads on the computer.
The court denied a motion to dismiss the claim of trespass to chattels. The court accepted the claim that the allegation of the placement of, and damage done by, the spyware interfered with the plaintiff's personal resources to the degree required by the tort.
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3 comments:
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