Judge hears arguments over tracking software in rental computers

ERIE, Pa. — A judge heard arguments this week in a legal battle over whether a Pennsylvania software company must disable tracking software installed on rental computers.

Lawyers for the plaintiffs, Crystal and Brian Byrd of Casper, Wyo., told U.S. Magistrate Judge Susan Paradise Baxter that people across the country who have rented computers from Aaron’s Inc. franchisees may be using computers that can track their activity. One of the Byrd’s lawyers, Chris Tisi, argued that the tracking activity has its hub in North East, Pa., home to the software company DesignerWare.

The Byrds sued DesignerWare and Aaron’s earlier this month, alleging that Aaron’s used the software to track their computer usage and take a photo of Brian Byrd.

The Erie Times-News reports Tisi asked Baxter to order DesignerWare to disable the software so that ongoing violations of the federal Wiretap Act cease.

Lawyers for DesignerWare told the judge the software doesn’t break the law, and that the “detective capacity” of the software has been used in less than 1 percent of the 92,000 computers on which the software was installed in the last six months.

Company lawyer David B. White told Baxter that the harm that would be caused to DesignerWare’s business would far outweigh any alleged harm to computer users targeted by the software.

The newspaper reported that lawyers for Aaron’s also appeared in court on behalf of corporation-owned stores. Lawyer Kristine Brown said corporate stores did not install the software on their computers.