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Second, users must know that Zango will transmit detailed information to its servers, including information about what web pages they view, and what they search for.
Unfortunately, many of Zango’s installations fail to include these disclosures with the required prominence. Here, Zango admits that it shows "advertisements," but Zango fails to disclose that its ads appear in pop-ups.
Finally, if a user ultimately presses the "Play Now " button, then the "Open" button on the standard Open/Save box that follows, Zango installs immediately, without any further opportunity for users to learn more or to change their mind.
Such a rapid installation is contrary to standard Windows convention of further disclosures within an EXE installer, providing further opportunities for users to learn more and to change their minds. All in all, we think typical users would be confused by this screen — unable to figure out who it comes from, what it seeks to do, or what exactly will occur if they press the Play Now button.
Zango’s installer appears Windows Media Player — a context where few users will expect to be on the lookout for unwanted advertising software, particularly when users had merely sought to watch a video, not to install any software whatsoever.
Furthermore, the button to proceed with installation is misleadingly labeled "Play Now" — not "I Accept," Install," or any other caption that might alert users to the consequences of pressing the button.
Zango’s Burdens Under the Proposed FTC Settlement The FTC’s proposed settlement with Zango imposes a number of important requirements and burdens on Zango, including Zango’s installation and advertising practices.
Zango’s use of the word "advertisements," with nothing more, suggests that Zango’s ads appear in standard advertising formats — formats users are more inclined to tolerate, like ordinary banner ads within web pages (e.g.
the ads at nytimes.com) or within other software programs (e.g. In fact Zango’s pop-up ads are quite different, in that they appear in pop-ups known to be particularly annoying and intrusive.
Moreover, these problems are sufficiently serious that they cast doubt on the efficacy and viability of the FTC’s proposed settlement as well as Zango’s ability to meet the requirements of the settlement.
Example A: Zango’s Ongoing Misleading Installations On and From Its Own Servers The proposed settlement requires "express consent" before software may be "install[ed] or "download[ed]" onto users’ PCs (III).
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A more appropriate installation sequence would use a standard format users better understand (e.g.