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Utah Sued Over Spyware Law
WhenU defends 'contextual marketing'
(old news - 08:59AM Wednesday Apr 14 2004)
tags: legal · spyware
WhenU.com calls what they do "contextual marketing" while a growing number of computer users call their products "irritating spyware". WhenU is one of several companies working to reclassify their product as useful adware before the legislative hammer comes down restricting the way they do business. In Utah, legislation banning spyware has already been passed, so WhenU has filed suit against the state (TechDirt), claiming the law "unconstitutionally limits the right to advertise". The majority of the internet's heavy hitters, like America Online, Google, Microsoft, Yahoo and CNET, have all opposed the Utah law and are currently fighting a federal law now working its way through Congress.

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Forums » Utah Sued Over Spyware Law
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mskittykat
Gotz My Pick'M Up Truck
Premium
join:2002-10-17
Upper Marlboro, MD

edit:
April 14th, @09:09AM

But...

I thought adware was/is basically spyware? I could be wrong, but either way their both annoying as hell.
--
"Smart is knowing your ABC's. Intelligent is knowing how to use them."

Vvian Kalyss

join:2003-10-14
Stage 5.0
clubs:


edit:
April 14th, @09:13AM

Re: But...

Technically, adware can be spyware or not. If all the program does is download new ads from time to time to display to you regardless of your surfing habits, what wallpaper you have installed, and other crap specific to your system (and it tells you this before you agree to install), then that is plain adware (software supported by unpersonalized ads) I see no problem with it.

Our problem starts when the dang things start calling home with info about you. Yeah I can hear them scream now "but we just want to choose what ads you want" but wtf couldn't they have done that in the install? Let the user select what category of ads they want displayed, install, then leave well enough alone. And if they need to update those ads, then show the user a message (like maybe "We need to update the ads cause the product has changed" or something). Why is it so goddamned hard for them to understand?

Edit: edited.
ebaul

join:2001-12-15
York, PA

Re: But...

Obvously i am annoyed by adware/spyware, but i have none. Since the war began (spyware/adware/virus wars) i do not download or install anything without knowing what it is, and reading their disclaimer. after installed, i check my pc very throughly to make sure there is no adware/spyware installed. i think it's in part our fault, cause we click happy all over and we see free software, the first thing we do is click and install. people, it's our job to stop this thing, not the law. what can they do? someone once said that people do not read disclaimers, well, that's what is there for: READ IT before you say "I Agree", cause once you click on "I Agree" you are giving them the right to install these adware and spyware, if you read, you'll see that it clearly states it may contain third party software that will promote random advertising. Don't let them get to your pc. Scan for Spyware/Adware, don't download all those freebies you see, don't let the sales men come in, Obviously Invited and then take over your home (pc). Simply use safe browsing practices and you'll be fine. We all like freeware, but what's the catch? It's 60% our fault this has gone so far, if there's anyone to blame, just look at what you've done in the past. Have you installed software without reading the disclaimer lately?

Just a heads up
lesopp

join:2001-06-27
Land O Lakes, FL

I agree. I would like to see a class action suit against these spyware/adware distributors for using other peoples bandwidth. What's the difference between stealing cable and having an application secretly installed on your PC that sends data over the pipes bought with your hard earned money.

koolman2
Premium
join:2002-10-01
Anchorage, AK
·GCI.net
·Clearwire Wireless


edit:
April 14th, @09:05AM

Bite me

It's like AOL CDs- millions upon millions are sent out; only 5% are actually used to sign up.

If people didn't mind spyware, then why is there such a big fuss over it? Companies need to get their head out of their [insert word of choice here] and do something else for a change. If someone doesn't want it, do you honestly think that they're going to change their mind when they see such-and-such product?

I agree, however, that the law is a bit strict and may need to be revised.

woody7
Premium
join:2000-10-13
Torrance, CA

Re: Bite me

I agree....though most users aren't savvy enough to know the difference between spy/ad or what they ever are...,thats why these companies don't want restrictions...IMHO
--
BlooMe
niko01

join:2004-01-19
Houston, TX

Bad facts - bad law

Utah is a bad place to address a legitimate problem and I would only ask that folks here look past the headlines.

WhenU.com is NOT a sympathetic plaintiff. But, they got to this point because 1-800 contacts bought and paid for this law in Utah. Go look for yourselves - the Utah law is NOT a consumer friendly law. Consumers have no cause of action in that law.

So, as you ladies and gentlemen discuss spyware/adware - just be aware that this law has little to do with either. It is a piece of legislation that is narrowly tailored to benefit a local Utah company. And, its main target - WhenU.com - is fighting back. If you want to take part in a real discussion on the issue - the FTC is holding a meeting on April 19 about this problem. Look into if you are interested....
rockjock

join:2003-10-14
Salt Lake City, UT

Re: Bad facts - bad law

Opinions are nice, we all have them. But before you go tossing yours around as facts, please provide something to back it up. Otherwise, your post (and the opinions included therein) is as meaningless as the one made by Joe Schmo.

Varangian

join:2002-12-08
Collinsville, IL
Don't forget those lovely CD cases. With a little relabling they make excellent CD/DVD gift boxes.

koolman2
Premium
join:2002-10-01
Anchorage, AK

Re: Bite me

That's all I use them for

Some soaking in warm/hot soap water and some Goo-Gone and you're good to go!
AquaBlaze
Premium
join:2004-02-02
Encino, CA

Strict? I doubt there is a such thing as "too strict" in regards to ad/spyware software. I do computer repairs for people's computers, and about 80-90% of the "computer running too slow" calls are because it's DROWNING in ad/spyware. There's also the uber enjoyment of waiting 10+ minutes on boot, or to run SpyBot installs to remove the gunk from a thouroughly ruined computer.

And what do folks have to say after I've had to sit with a computer for an hour, just trying to get simple spy-removal software installed? They don't have a foggy clue where the software came from, they don't remember agreeing to it, etc. Most computer users (IMHO from repair) are idiots when it comes to these matters, and ad/spyware companies know this. That's why they make up phony warning messages, bury their software in the customer use agreements, and make it insanely hard to uninstall. (or impossible, in some cases)

Ad/Spyware really just need a big label before they install that says:

"CAUTION: Installing our software will cause your system performance to be decreased, are you sure you want to install this?"

If this were to happen...there wouldn't BE any spyware/adware problem. Folks just wouldn't install the stuff knowing that it will destroy the use of their computer.
ArmaliteAR10
Seven Point Six 2mm Full Metal Jacket

join:2002-05-26
Dwight, IL

I'm running low on my supply of free AOL CD's that I use as targets at the range.

Actually I wish AOL would send me more by the case, not just one at a time.

Looks like I may have to switch back to paper plates. LOL!
--
Nothing says "get the hell out of my house" like the sound of a 12-gauge pump chambering a shell.

koolman2
Premium
join:2002-10-01
Anchorage, AK

Re: Bite me

Just go to your local grocery store and pick up a few... hundred

viperpa33s
Why Me?
Premium
join:2002-12-20
Bradenton, FL
·Bright House

Still a light at the end of the tunnel

WhenU can butter up there tactics all they want, still they are just as bad as a spammer. If WhenU says there company is so legit they how come there program can't be easily removed? I had WhenU installed on my computer at one time without me knowing and trying to uninstall the way they say you can is down right impossible. Even when you think you uninstalled it the way they say, you really haven't. There almost trying to say, if I try to remove it will be the worst mistake of my life.

WhenU says Utah's law will in effect prevent them from making money. WhenU only makes money on people's ignorance. Even with them being classified as spyware, they are still in business. Utah is 1 out of 50 states they can't do business in, not a total loss. They still have 49 states left. WhenU still has plenty of computers to wreck.

WhenU just like Gator says it's useful adware, useful to whom? It's only useful for WhenU cause they get money to annoy and irritate me. WhenU don't need to collect personal information to not be called spyware. If WhenU is not spyware they why do they need to follow me wherever I go on the internet? How many people really know they have this crap on there computer?

WhenU is like a thorn in a person's side. They will poke you just enough to let you know they are there. You want to remove there program, to them that is the last thing you do. Even with all that, there is still a light at the end of the tunnel.

Varangian

join:2002-12-08
Collinsville, IL

They must be pretty stupid at the spyware co.

Consider this an open message to the purveyors of spyware:
We are Americans, not slack jawed third worlders or neutrered europeans. We will not continue to tolerate your activities.
If goverment proves inadeqate to force a halt to your treaspassing, we will in fact resort to more..basic methods.
You are people. being made of matter you have to physically be somewhere. And when we locate that somewhere we have a tried and true method dating back thousands of centuries for ..discouraging your further operations.
Better get yourselves some honest jobs-while you still can.
ReneM

join:2003-07-18
Cockeysville, MD

Re: They must be pretty stupid at the spyware co.

What does that have to do with 'neutrered europeans' except hate speech ?

Varangian

join:2002-12-08
Collinsville, IL

edit:
April 14th, @11:39AM

Re: They must be pretty stupid at the spyware co.

I beg your pardon - I used a regional stereotype when I should have used something more general.
(My 111 year old uncle in latvia talks that way)

TheMadSwede
Premium
join:2001-01-30
Holland, MI
·Charter Pipeline
·AT&T Yahoo

said by ReneM See Profile:
What does that have to do with 'neutrered europeans' except hate speech ?

That's a pretty thin-skinned response. Be more specific.
--
A good idea expressed in a poor manner is a bad idea.

Varangian

join:2002-12-08
Collinsville, IL

Re: They must be pretty stupid at the spyware co.

Sorry if you didn't like what I typed.
If you want to go after me personally lets take it private.
There's a common enemy - spyware operators - to be after here.
My uncle really does refer to his neighbors as neutered. But I think he's still sore about his side - the whites- losing in Russia.
stridr69

join:2003-05-19
San Luis Obispo, CA

Re: They must be pretty stupid at the spyware co.

Actually I thought you have a good take.

Spyware needs to be relegated to the dungheap of history.

Safron

join:2001-07-25
Gray, GA
clubs:

Common Sense

If it looks like shit and smells like shit, even if the Supreme Court decrees it is ice cream, it is still shit.

coffaro
Moonie
Premium
join:2003-07-05
Arlington, TX
clubs:

Re: Common Sense

I knew it tasted funny....:D
dentman42

join:2001-10-02
Columbus, OH
·AT&T Midwest

said by Safron See Profile:
If it looks like shit and smells like shit, even if the Supreme Court decrees it is ice cream, it is still shit.

So now we're back to discussing the dmca? :-D
Andromeda451

join:2004-04-08
Queen Creek, AZ

Don't give those nine alleged Wise Men in DC too much credit. They're the one who established the ever growing notion of Free Speech coverage. The Framers meant Free Political Speech, that definitions expansion has made all the difference for companies that should be driven out of business. AFAIK a companies software self installs is nothing but electronic "breaking and entering", software that phones home without my direct permission or uses any resources of my system is a direct invasion of privacy and is theft of service.

kch001

@65.37.x.x


from:
ylandrum See Profile

they make their money on my dime

When a company claims they have a right to market their product, I agree. Let them put up billboards and pay for advertising on TV etc.. But when it comes to the marketing companies making money off of marketing me on my own pc without paying me for it I draw the line. The computer is mine, I paid for it and I don't think it's right for them to make money off of me and my equipment without paying me for it.
ylandrum

join:2003-12-10
Oklahoma City, OK

Re: they make their money on my dime

That's a great idea! Let's charge them for their advertising just like the TV stations, web sites and billboard companies do.

I say we just start sending them bills.
--
I don't know whether I am Turing dreaming that I am a machine, or a machine dreaming that I am Turing! -Alan TuringDid I have the dream, or did the dream have me? - Rush

Varangian

join:2002-12-08
Collinsville, IL

Re: they make their money on my dime

Very good
Now: how do get the addys to mail some offical looking bills
customer: Gator/Claria
service: 24/7 PC residency
plan : Dealers' choice with Christmass Club
fee: $1000.00 per month, 12th month free
Please remitt a check or money order to
ME
MY HOUSE
MY TOWN

MRNVGVUP

join:2003-04-12
Sharon, PA

Stop the Spyware before it gets really out of hand

Companies that push Spyware, Adware, Malware, and *'ware... should also be mandated to have an UNINSTALLER that uninstalls EVERY PART of their *'ware product. That's icons, reg entries, you name it!

And non of this come to our site and download the UNINSTALLER (oh wait, your security settings are set to high... oh wait you only get two chances--as one site stated out to me!) sort of B.S. activities.

Here is an example company that seems to practice this sort of activity: www.look2me.com

Link to fix what look2me offers to consumers: »securityresponse.symantec.com/av···2me.html

Even Symantec has Spyware removal instructions for this company's product!
Forums » Utah Sued Over Spyware Law


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