CNET: See you later, anti-Gators?

Finding itself lumped in with companies that sleazily sneak pop-up and pop-under software onto unaware user desktops, Gator has finally gotten sick of being painted with the same over-broad brush. Distinguishing itself by the fact that it notifies users before being installed along with downloads such as Kazaa and continues to provide software services in exchange for displaying advertising, Gator sued PC Pitstop for labeling it "spyware." PC Pitstop's main revenue stream is software that removes ad applications, such as Gator and the more secretive, less savory, versions of ad software.

While there is definitely a difference between legitimate pop-up networks and sleazy, fraudulent applications, the confidential settlement that Gator and PC Pitstop signed seems to draw a hard stop with the flexible Internet term "spyware." But some online consumer advocates, privacy experts and a vast number of easily-aroused net libertarians consider any application that monitors user behavior to be spyware, including ad servers, cookies and sometimes even the secret Defense Department brain waves that the government makes all commercial web sites broadcast to keep the proles in line. Gator may be able to do a better job distinguishing itself from the real sleaze buckets of the industry, but it will likely find that people's definitions of spyware are quite diverse, and sometimes legitimately include Gator, WhenU and all other forms of consumer tracking software.