Adware provider WhenU, prevailed on Wednesday in its motion to halt the Utah Spyware Control Act until its court case against the state of Utah is resolved, according to the company. Judge Joseph C.
Fratto Jr. of the Third Judicial District Court in Salt Lake City issued the preliminary injunction. WhenU had argued that the Act affects legitimate Internet advertising companies, and therefore
violates the First Amendment and Commerce Clause of the United States Constitution, among other laws. "This is an important decision for the entire Internet advertising industry," said Avi Naider,
WhenU's Chief Executive Officer in a statement. "Spyware is a problem and we want to put an end to it, but unfortunately Utah's Act also impairs legitimate Internet advertising." WhenU coupons and
ads are displayed in separate WhenU-branded windows on PC desktops and targeted based on the demonstrated online behaviors of its users, who must agree to download WhenU's software.
