Originally Posted by wootpr0n

Which Gator lawsuit are you referring to?

I assume it is Six Continents vs Gator or some other Gator lawsuit

Gator had installed adware on people's computers that allowed it to replace ads on websites that are visited. It also displayed pop-ups. Publishers allege that the Gator software therefore infringes on copyright.

Realistically, it is tortious business interference, because Gator directly interferes with the relationship between a customer and the publisher's site.

It is not copyright infringement because the publisher's site is still being displayed, and the Gator software isn't "copying" it.

But in any regard, the publishers were suing Gator, an ad agency, and not the advertisers that entered into contracts with Gator to display the ads.