David Jackson

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Intermix Media's stock (ticker: MIX) rose 10% in trading Tuesday after the company issued a press release denying it was being investigated for promulgating spyware. Here's a (feisty) plain English re-write of what it said, followed by the full text of the press release for your comparison:


Feisty plain English re-write:

"Our toolbars and downloads do not gather consumers' confidential information without them knowing, nor do they track their activities.

OK, we do install them on your computer without you knowing. And they then redirect you to URLs not of your own choosing. And they generate infuriating pop-ups and pop-unders that you don't request. And, once you realize what is happening and try to get rid of them, they are virtually impossible to remove. That's what we're being investigated for by Elliot Spitzer.

But they're not spyware."

Comment:

Ah. Now I feel better. Not.

Full press release:

Intermix Media Corrects Inaccurate Coverage of Download Applications
Thursday April 14, 3:24 pm ET

LOS ANGELES, April 14 /PRNewswire-FirstCall/ -- Intermix Media, Inc. announced today that it was correcting certain inaccuracies and misstatements of facts that occurred in recent media coverage of the New York Attorney General (NY AG) matter disclosed by the Company on April 12.

The company's toolbar and redirect applications do not collect information about a person's web surfing habits or otherwise collect or transmit any personal information about users.

Several allegations contained in recent articles were obtained from third- party databases and are inaccurate or outdated. Intermix's toolbar and redirect applications are search applications that do not and never have tracked the activities of their users -- they simply do not "spy" on consumer Internet or other activity.

The inquiry of the Internet Bureau of the NY AG primarily concerns issues of disclosure sufficiency and application identification and removal functionality. As previously disclosed, the Company is cooperating in the hopes of reaching a resolution as quickly as possible. The Company has decided to cease distribution of its redirect and toolbar applications pending a thorough review of the issues raised by the NY AG's office. The Company will not reintroduce those applications as downloads until every precaution is taken to ensure that users are fully informed about and consent to the installation of the applications during the download process and that the applications, once installed, can be located and removed easily.

As previously disclosed, the Company's estimate of the financial impact of the NY AG matter is included in the Company's fiscal 2006 forecast released on April 12, 2005, although no assurance can be given that the financial impact of the matter will be confined to the Company's expectations.

"As with many facets of Internet communications and business, industry standards are evolving and we support increased transparency in connection with the distribution of downloadable applications," stated Richard Rosenblatt, Chief Executive Officer of Intermix. "While downloadable applications are not currently core to our business, to the extent we are in the business we are determined to work with the NY AG to create, institute and promote best practices on the Web in this area."

About Intermix Media

A leading online media and ecommerce enterprise, Intermix Media and its subsidiaries utilize proprietary technologies and analytical marketing to develop unique content, an active community and innovative ecommerce offerings. The Intermix Network blends user-generated and proprietary online content to motivate its users to spend more time on its Network and to invite their friends to join them. By integrating social networking applications, self publishing and viral marketing, the Intermix Network has grown to over 27 million unique visitors per month, including such flagship properties as MySpace.com and Grab.com. Intermix also leverages its optimization technologies, marketing methodologies and the Internet through its Alena unit, where it launches branded consumer product offerings. Alena expands Intermix's consumer reach by marketing select high margin and innovative products directly to the consumer across the Internet. In doing so, Alena cost effectively builds consumer brands, such as Hydroderm, and drives new users back to the Intermix Network.

Source: Intermix Media, Inc.

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