The administrative court in Rotterdam upheld the fine OPTA gave to the first of two MSN malware spreaders in the appeal case brought to the court. The two persons involved installed unsolicited software in MSN of end users on behalf of Dollarrevenue. Through the malware unsolicited advertisements were shown to the end users. Installing unsolicited software is in violation of article 4.1 Bude (Decision universal service and end users interests, translation WdN ). The court in short gave a verdict that OPTA’s conclusions were correct, except that she insufficiently looked into the psychological condition of the suspect.
Where the second person involved is concerned, a verdict is still pending. This case is a spin off of the Dollarrevenue case.
Here is the link to the verdict.
Wout de Natris, De Natris Consult
Leiderdorp, 11 March 2011