Bonzi Software agreed to settle a class-action lawsuit filed against it on Wednesday, the terms of which will require Bonzi to label its software popup windows more accurately.
Bonzi, which markets the infamous "Bonzi Buddy" software program, has agreed to label its popup advertisements as such, while dropping the look and feel of Microsoft Windows error messages.
The suit was filed by Spokane, Wash.-based law firm Lukins & Annis P.S. as a class-action lawsuit, but the suit was settled before reaching class-action status. Bonzi also agreed to pay court costs, but no additional punitive damages.
"This settlement is viewed as an important achievement garnering immediate public benefits in the rapidly evolving Internet advertising industry," Lukins & Annis said in a statement. "In addition to these immediate benefits, plaintiffs are hopeful that these changes in advertising practices agreed to by Bonzi Software, will pave the way for similar corrective actions by other Internet advertisers."
The settlement contains four components: first, that Bonzi's popup windows will contain the term "Advertisement", prominently displayed so users will not be misled into thinking their PC is generating the message; second, that those windows will not contain fake user interfaces or "FUIs", which mimic the "minimize", "maximize" or "X" (close) functions of Windows; third, that the company will not embed an "OK" button in its popups; and fourth, that the software will not claim that the user is "broadcasting" his IP address.
Although Bonzi Software designed several applications including InternetBOOST, InternetALERT, and a voice email program, Bonzi Buddy became the company's most well-known offering. Bonzi frequently marketed its software through pop-up advertisements which mimicked Windows error messages, in an apparent attempt to lure users to click through to the Bonzi web site.
Those messages typically contained an "OK" button, which is typically used by operating systems as a means for a user to acknowledge the error message. However, the "OK" button in the Bonzi popups clicked through to the Bonzi web site. Under the terms of the settlement, the "OK" button will be replaced with a "More Info" button.
Bonzi's Bonzi Buddy is a downloadable MS Agent application, similar in appearance to the animated paper clip and other icons used by Microsoft Office. However, the Bonzi Buddy's purple gorilla or purple parrot also served as an animated reminder of new emails, partner offers, and other advertisements, insinuating itself onto a user's desktop.
The settlement also noted that all Web browsers "broadcast" their IP address to Web sites so that they can return the proper information.
Bonzi Software could not be reached for comment.
Copyright © 2004 Ziff Davis Media Inc. All Rights Reserved. Originally appearing in ExtremeTech.
