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NY Attorney General Eliot Spitzer sued Intermix Media (ticker:
MIX), alleging that the firm was the source of "spyware" and "adware"
that has been secretly installed on millions of home computers. Here's the entire text of the Verified Petition; it's required reading for any investor in Internet content or advertising stocks. The Brookman Affirmation referenced in the document is this PDF.


SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

-------------------------------------------------------------------------x

THE PEOPLE OF THE STATE OF NEW YORK
by ELIOT SPITZER, Attorney General
of the State of New York,

                                                                                VERIFIED PETITION
                                      Petitioners,                         Index No. __________

-against-
INTERMIX MEDIA, INC.

Respondent.
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The People of the State of New York, by Eliot Spitzer, Attorney General of the State of New York, allege upon information and belief that:

INTRODUCTION

1. Petitioners bring this summary proceeding (a) to permanently enjoin Respondent from installing any advertising, ad-serving, redirecting, or toolbar program onto any consumer’s computer; (b) to require Respondent to issue an accounting of its installation of advertising, adserving, redirecting and toolbar programs; and (c) to require Respondent to pay disgorgement of unjust enrichment, as appropriate, and penalties and costs to the State of New York.

JURISDICTION AND PARTIES

2. Petitioners are the people of the state of New York, by their attorney, Eliot Spitzer, Attorney General of the State of New York.  Petitioners have offices in the County of New York, located at 120 Broadway, New York, New York.

3. The Attorney General brings this summary proceeding pursuant to his authority under Executive Law § 63(12) and General Business Law (“GBL

About the author: David Jackson
David Jackson picture
I'm the founder and CEO of Seeking Alpha. I worked for five years as a technology research analyst for Morgan Stanley in New York. I left in early 2003 to manage money (long/short) and explore new approaches to financial publishing, ultimately leading to the creation of Seeking Alpha. Prior to... More
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