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Marketers Try to Silence Spyware Critic
Don't call our application 'Spyware'!
(old news - 10:31AM Tuesday Feb 22 2005)
tags: Op/Ed · spyware
The ISearch and IDownload applications have a long and sordid history of using clearly documented shady installation techniques; most recently making use of the WMP DRM vulnerability we've discussed at length. The company behind the apps have sent a "cease and desist" letter to security site Castle Cops, for classifying the applications as "Spyware":
"This firm represents iDownload.com with respect to your inaccurate classification of iDownload's software product, iSearch toolbar, by referring to it as Spyware in its description. Specifically, a recent review of materials disseminated by your company, via the Internet, revealed that your company is falsely disparaging iDownload's product."

The letter goes on to inform the site they will take legal action if they do not change their description of the ISearch and IDownload products. Not only can't the products be called "Spyware", they can't be called "Foistware" or "Malware" either.

Why is this so important to them? Because the marketing industry knows that Congress is considering new laws cracking down on sleazy products. To avoid getting caught up in any nets, they've been engaged in a massive image makeover and PR campaign that so-far includes:

•Reframing the debate by calling what they do "Adware", and what the "bad guys over there" do as "Spyware". They then pretend (See WhenU's "Spyware Removal tool") to be part of the solution, instead of part of the problem.

•Legally pressuring or offering anti-spyware vendors marketing deals to exclude their applications from detection.

•Joining anti-spyware consortiums, nearly leading to their dissolution.

•Threatening on-line resources who refuse to play along with the new marketing industry coined definitions of what constitutes troublesome software.

If you recall, Claria sued the PC Pitstop website some time ago for the same reason. We joked at the time that bank robbery must now be referred to as "professional forced fund reallocation." It's no longer funny.

Corporate anti-spyware vendors seem unwilling to stand up to the industry and critics are being threatened. Does the future have us quietly huddled in IRC channels exchanging open-source applications that remove all marketing fodder without apology?

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PhoenixDown
-- Ron Paul 2008 --
Premium
join:2003-06-08
Fresh Meadows, NY
clubs:

This should go to court

so a judge can laugh and toss it out and send it as a warning to the rest of these idiots.
--
www.pulsetoday.com -- marketing forums!

DaveNJ
No Fear

join:1999-09-01
New Jersey

Re: This should go to court

i agree, it corporate cohersion, Malware is Malware.

technick
Premium
join:2000-12-16
Loganville, GA

Re: This should go to court

That's very true, just like murder is murder, speeding is speeding. I can't believe the lengths that some of these companies are going to for their crappy products. But then again it puts food on their plates, so they are going to fight everything tooth and nail.
--
"Our greatest glory consists not in never falling, but in rising everytime we fall." - Confucius - - - - - - - - - - - Streamfire.net- - AIM - CoNFuCiUsNiCk

dangerweasel
Confirmed Luddite

join:2000-07-21
Portland, OR

Re: This should go to court

It doesn't just put food on the table, for a lot of these poeple it is putting Lexux's in their million dollar homes. There is no way they are going to go back to the small apartment they had in college before they discovered money to be made off of suckers and computer neophytes.
gh4456
Premium,VIP
join:2004-04-07
Beverly Hills, CA
It will be interesting to see if they send a cease and desist order to Microsoft, for MS Antispyware for finding and deleting this undwanted junk.

DSL Tech

trparky
Bite My Shiny Metal Ass
Premium,MVM
join:2000-05-24
Cleveland, OH
clubs:

Re: This should go to court

Steve: "Um...Bill, you just got a cease and desist letter?"
Bill: "From who?"

As Bill opens the letter, he notices that it is from iSearch. As he starts to read it, he starts to chuckle.

Bill: "HAHAHA! These small fries are suing us Steve. I can't believe it! Must have been one of those automated letters, because anybody.......HAHAHAHA......in their right mind wouldn't sue us over this. Send it up to our legal department."

Bill tosses the letter over to Steve.

Bill: "Send it up there so that our legal boys can have a good laugh. Those guys don't laugh enough."
--
WedgeAntilles250

Tom's Rant
tbeckner

join:2004-03-20
Bend, OR

said by gh4456 See Profile:

It will be interesting to see if they send a cease and desist order to Microsoft, for MS Antispyware for finding and deleting this undwanted junk.

DSL Tech
With Microsoft producing what will likely become the standard Anti-Spyware removal tool, these Adware/Spyware/Malware companies need to REMOVE ALL SHARP OBJECTS FROM THEIR POCKETS, BEND OVER and GRAB THEIR ANKLES and KISS THEIR ASS GOODBYE. They're just wasting their money batting at windmills. Or as it says at the end of some cartoons, "That's All Folks!".

DaveNJ
No Fear

join:1999-09-01
New Jersey
·Patriot Media
·Cingular Wireless
·Verizon Online DSL

Re: This should go to court

said by tbeckner See Profile:

said by gh4456 See Profile:


It will be interesting to see if they send a cease and desist order to Microsoft, for MS Antispyware for finding and deleting this undwanted junk.

DSL Tech
With Microsoft producing what will likely become the standard Anti-Spyware removal tool, these Adware/Spyware/Malware companies need to REMOVE ALL SHARP OBJECTS FROM THEIR POCKETS, BEND OVER and GRAB THEIR ANKLES and KISS THEIR ASS GOODBYE. They're just wasting their money batting at windmills. Or as it says at the end of some cartoons, "That's All Folks!".
I am not convinced of that, simply because MS Antispy didnt find all malware on my as pc, as the others did. MS will just be another tool, not the end all of antispy.
tbeckner

join:2004-03-20
Bend, OR


edit:
February 22nd, @06:31PM

Re: This should go to court

said by DaveNJ See Profile:


I am not convinced of that, simply because MS Antispy didnt find all malware on my as pc, as the others did. MS will just be another tool, not the end all of antispy.
You should remember Microsoft Anti-Spyware is a Beta and will be for at least another 5 months and Mr Gates has all the incentive in the world to make it either block directly and/or remove all Spyware/Adware from the machines, because if it doesn't Microsoft on the desktop could be in for major troubles. Plus, Mr Gates personal machines at home have never been hit by a virus/worm/trojan, but has been hit with spyware/adware. The need and incentive is there! Additionally, based upon Independent tests, Giant Anti-Spyware (Microsoft) was the best single product on the market, beating Spybot/Ad-Aware/Pest Patrol by sizable margins. And since I installed Microsoft Anti-Spyware on January 6th on my eight desktops, even though I continued to scan with all three scanners(Spybot/Ad-Aware/Microsoft), none of the scanners have found any malware. Of course, I used the built-in capability that already existed in IE to shutdown and block tracking cookies in December, so nothing has found tracking cookies either.

Additional Edit: What I was attempting to point out in the original post is that the Spyware/Adware people are finished. "That's All Folks!" Because they will never be able to reclassify their junk to be acceptable to Microsoft. They are wasting their time and money trying to reclassify with other websites or scanners. When Microsoft jumped into the fray, everything changed overnight. They just haven't woke up yet and realized that they are DEAD. These attempts to reclassify will not work on Microsoft and the Microsoft Anti-Spyware product will become the GOLD STANDARD in the next year.

So again, these Adware/Spyware/Malware companies need to REMOVE ALL SHARP OBJECTS FROM THEIR POCKETS, BEND OVER and GRAB THEIR ANKLES and KISS THEIR ASS GOODBYE, because they have hit the ultimate BRICK-WALL.
AquaBlaze
Premium
join:2004-02-02
Encino, CA

Re: This should go to court

said by tbeckner See Profile:

These attempts to reclassify will not work on Microsoft and the Microsoft Anti-Spyware product will become the GOLD STANDARD in the next year.
Microsoft's entry into the crapware hunt was a big mark, but I wouldn't write it up as "game over" yet. Plus, a Microsoft "Gold Standard"? Microsoft has some good products, but not everything they put a "Stamp of Approval" has been pure gold. Remember, this is the same company that let Windows ME escape from their beta testing labs not too far back.
tbeckner

join:2004-03-20
Bend, OR


edit:
February 22nd, @09:24PM

Re: This should go to court

said by AquaBlaze See Profile:


said by tbeckner See Profile:



These attempts to reclassify will not work on Microsoft and the Microsoft Anti-Spyware product will become the GOLD STANDARD in the next year.
Microsoft's entry into the crapware hunt was a big mark, but I wouldn't write it up as "game over" yet. Plus, a Microsoft "Gold Standard"? Microsoft has some good products, but not everything they put a "Stamp of Approval" has been pure gold. Remember, this is the same company that let Windows ME escape from their beta testing labs not too far back.
I agree with Windows ME (Windows ME wasn't important to Microsoft, Windows XP was), but Spyware/Adware is affecting Microsoft and Mr Gates directly and personally. And the future of Windows hangs in the balance, even the longhorn adoption could be affected.

BTW, even if it isn't the GOLD STANDARD right-away, it started out as the best single product on the market. And what I was attempting to point out, is that these Spyware/Adware/Malware companies do not have enough pull or money to stop Microsoft from classifying their junk as Malware and remove it. So since they cannot stop Microsoft from classifying their junk as junk, the "GAME IS OVER!", and they are wasting their time and money trying to change the mindset of second tier players. They can change everyone's mind, except Microsoft's and they have failed. In this one case, it is good to have a Monopoly that cannot be bought off. It is simple to see that "That's All Folks!".
AquaBlaze
Premium
join:2004-02-02
Encino, CA

Re: This should go to court

said by tbeckner See Profile:

BTW, even if it isn't the GOLD STANDARD right-away, it started out as the best single product on the market. And what I was attempting to point out, is that these Spyware/Adware/Malware companies do not have enough pull or money to stop Microsoft from classifying their junk as Malware and remove it. So since they cannot stop Microsoft from classifying their junk as junk, the "GAME IS OVER!", and they are wasting their time and money trying to change the mindset of second tier players. They can change everyone's mind, except Microsoft's and they have failed. In this one case, it is good to have a Monopoly that cannot be bought off. It is simple to see that "That's All Folks!".
I still say we'll have to just wait and see on this one. Perhaps MS will be a "gentle giant" among the ad/spyware companies, or maybe it will lay some major monopolistic smack-down on their asses, it is yet to be seen. The players are barely coming out onto the field, and yet you've already declared certain victory. Let MS buck a head or two in the ad/spyware market at least, and then we'll get a better idea of their intentions in the anti-spyware wars.

DreamWraith
Premium
join:2004-04-07
Mount Vernon, WA
i still fail to understand why you seem to thing it started as the "single best product on the market". your not making any sense. it is hardly up to par with AdAware SE. Let alone a combo of Spybot S&D and Adaware SE.

anonymousexxx

@pacbell.n

Re: This should go to court

He says that because it is true. The MS product is just a repackaged version of Giant Antispyware, the company/product MS bought in toto. It is universally regarded as the best product. I was using adaware and spybot too until MS announced their new product would be free and spybot teatimer was defeated by the windupdate/adtools spyware attack (which can circumvent a currently fully patched SP2, grrr). So, your faith in the other two freeware products is not longer well placed. I'm here to tell you that the MS/Giant freeware is the best there is at this time...and it's free. I call that a win win win.
tbeckner

join:2004-03-20
Bend, OR


edit:
February 23rd, @10:15PM

said by DreamWraith See Profile:

i still fail to understand why you seem to thing it started as the "single best product on the market". your not making any sense. it is hardly up to par with AdAware SE. Let alone a combo of Spybot S&D and Adaware SE.
In Independent testing, five products where recommended, Ad-Aware, Giant AntiSpyware (Microsoft), Pest Patrol, Spybot Search & Destroy, and Webroot Spy Sweeper. No product tested found and removed 100% of the Spyware/Adware, but Giant (Microsoft) AntiSpyware removed almost 25% more items that the next best of the 25 products tested, which was Pest Patrol.

I would recommend that you review their testing criteria and methods and make your own judgement.

But since the Microsoft product is free for home or business use (including real-time protection) and is evolving quickly and has the support of a company that will likely not be bought off, has a multi-billion dollar vested interest in getting rid of Spyware/Adware, and has the software and R&D capability unmatched in the world, my bet is on them.

And based upon my review of the testing criteria and methods used in the testing and review, they started with the best product on the market.

Additionally, based upon the results I have had on my eight machine over the last 45 days, I am currently impressed.

It's not a slam dunk, but I believe if Vegas was betting, their money would be on Microsoft, and the odds would be overwhelmingly on their side.

Results of the October 2-4, 2004 tests:

Number of items found:

Spybot Search & Destroy: -- 40 of 134
Webroot Spy Sweeper: ----- 74 of 134
Ad-Aware: ----------------- 82 of 134
Pest Patrol: ---------------- 86 of 134
Giant AntiSpyware: -------- 100 of 134 (Microsoft)

»spywarewarrior.com/

DreamWraith
Premium
join:2004-04-07
Mount Vernon, WA
·Comcast

hmm. havent seen those results anywhere before. thanks for the info. i guess i stand corrected. the funny thing to me is though, that just like everything else, microsoft has bought the tech. just like they bought dos. just like they stole the GUI. and just like they bought the engine that currently runs IE.
wehooper

join:2004-04-25
Spring City, TN

Don't be too sure of it...

Article in the Register today says Microsoft paid a chunk to a Dutch portal because MS AntiSpyware mistakely blocked access to the site.

The article goes on to say "The incident may spark off a whole parade of court cases by web companies or even spyware merchants who believe that they are illegitimately expelled by Microsoft's anti spyware software"

Read about it here: »www.theregister.co.uk/2005/02/22···re_ilse/

Microsoft has deeper pockets and much more to loose. Isn't it logical that they become a larger and more attractive target? Check out the recent settlements and deals the company has made to end anti-trust actions.
tbeckner

join:2004-03-20
Bend, OR


edit:
February 23rd, @10:22PM

Re: This should go to court

said by wehooper See Profile:

Don't be too sure of it...

Article in the Register today says Microsoft paid a chunk to a Dutch portal because MS AntiSpyware mistakely blocked access to the site.

The article goes on to say "The incident may spark off a whole parade of court cases by web companies or even spyware merchants who believe that they are illegitimately expelled by Microsoft's anti spyware software"

Read about it here: »www.theregister.co.uk/2005/02/22···re_ilse/

Microsoft has deeper pockets and much more to loose. Isn't it logical that they become a larger and more attractive target? Check out the recent settlements and deals the company has made to end anti-trust actions.
Actually, they might have more to loose, but that is only if they are wrong and in this case they where wrong, and they corrected this situation. Again, remember Microsoft has only been in this field since December. There is a learning curve. At least they weren't pulling WhenU from their detector!

You might also want to read this review. I agree completely with their assessment. Even with the no product is perfect assessment.

Also, just to let you know I still scan all eight machines with Spybot Search & Destroy 1.3, Ad-Aware SE 1.05, and the current version of Microsoft AntiSpyware 1.0.509, because today no product is perfect.

Currently overlap of scanning products is required, so I am betting on the long-term capability of the company with the most to lose if they don't get rid of this malware and that is Microsoft. Even personally, Gates said last year that his personal machines have never been infected with a virus/worm/trojan, but we was angry because he had been infected with Spyware/Adware. There is something on a personal level, beyond the multi-billion dollar consequences.

»www.pcstats.com/articleview.cfm?···&page=10

SSX4life
Premium
join:2004-02-13
>_ lolz
It it looks like a duck, acts like a duck, sounds like a duck, had "gozzlings" then it's a FREAKING DUCK.

--SSX--
russotto

join:2000-10-05
Collegeville, PA

Re: This should go to court

If it had goslings but acts like a duck it's probably a goose with an identity disorder.

SSX4life
Premium
join:2004-02-13
>_ lolz

Re: This should go to court

Well "WhenU" can be the gossling, seeing how it has an identiy crisis at the moment!

Yea my bad what ever they are called "ducklings" etc. lol

Anyway they should all BURN IN HELL

--SSX--
averagedude

join:2002-01-30
Mesa, AZ

Re: This should go to court

If only Sam Kennison was still alive.
I can hear him now "Burn in hell, AAARRRRAAARRR, . . . . ".
Too bad SAM is gone because there is so much good material for him now.
AquaBlaze
Premium
join:2004-02-02
Encino, CA

said by SSX4life See Profile:

It it looks like a duck, acts like a duck, sounds like a duck, had "gozzlings" then it's a FREAKING DUCK.
Just wait until the legal system gets a hold of things. At that point, it's all up for grabs - logic means nothing there. Legally, to quote a comedian, they could rule that 2 + 2 = chair!
AquaBlaze
Premium
join:2004-02-02
Encino, CA

said by PhoenixDown See Profile:

so a judge can laugh and toss it out and send it as a warning to the rest of these idiots.
Laugh nothing, judges have gavels for a reason! They should put it to good use on the defendant's pointed heads.

bent
not broken
Premium
join:2004-10-04
Longmont, CO
clubs:

Re: This should go to court

Plaintif head. its not the anti-spyware thats sueing
--
Pura Vida!
AquaBlaze
Premium
join:2004-02-02
Encino, CA

Re: This should go to court

said by bent See Profile:

Plaintif head. its not the anti-spyware thats sueing
Oh pish posh. We need to get someone with some legal balls to take THEM to court for a change. Whack their heads with the gavel BUT GOOD!

fireflier
Coffee. . .Need Coffee
Premium
join:2001-05-25
Limbo
How about Assware? Is that acceptable to them?
TheWickerMan

join:2002-04-09
Enola, PA

Re: This should go to court

said by fireflier See Profile:

How about Assware? Is that acceptable to them?
Now, that's just not fair. It's extremely insulting to asses.

Grethor
Today Is A Good Day To Format

join:2004-04-14
Puyallup, WA
clubs:
My ass is offended. Take it back or my ass will file a lawsuit in a Sanfrancisco court.

packetscan
Premium
join:2004-10-19
Bridgeport, CT
clubs:
Mr McBride you tried this with SCO. It's not going to work here either!

keith2468
Premium,MVM
join:2001-02-03
Winnipeg, MB

Thing is, the malware vendor gets to choose which court he brings the suit in, because they are bringing the suit.

So reasonably the malware vendor will pick the most favorable court in any jurisdiction that they or the ASW vendor has a presence in.

It's not fair, but it is how it is.

So even the combined financial might of MS, CA, Symantec, Dell and IBM might fail.
--
(Virus&Hijacking FAQ + Submit suspected malware + Backups FAQ + Security FAQ TOC)

TK Junk Mail
Go ahead, make my day
Premium
join:2002-03-03
Margate City, NJ
clubs:
·Comcast


edit:
February 22nd, @10:14AM

Just another reason to shoot all the lawyers

Just one more reason to, as Shakespeare said, shoot all the lawyers. When a company makes an illegitimate worthless product and sees that it may lose money when people realize it, they sue everyone in sight to save their bacon. When will the US court system put a stake thru the heart of these firms and their crooked lawyers.

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See 7 replies to this post

FLECOM
Bay Networks Freak
Premium
join:2003-03-03
Miami, FL

watch out, dont step in the lawyers

if i was Castle Cops i would photocopy my middle finger and fax it to them :lol:
theeinstein
Premium
join:2003-07-31
Fernandina Beach, FL

Re: watch out, dont step in the lawyers

Exactly!!!!!!!!!

Transmaster
Onward Through The Fog

join:2001-06-20
Cheyenne, WY
I think a three word reply would work:

KISS MY ASS!
Cyron

join:2002-09-24
Charlotte, NC

Classification change

I think they should change the terms "Spyware" & "Adware", to "Things the normal person doesn't want on their computer".

TK Junk Mail
Go ahead, make my day
Premium
join:2002-03-03
Margate City, NJ
clubs:
·Comcast

Re: Classification change

said by Cyron See Profile:

I think they should change the terms "Spyware" & "Adware", to "Things the normal person doesn't want on their computer".
That is a good idea. Why can't someone make a product that allows me to EASILY identify what software is installed and then have it remove that software no matter what its classification. Instead of calling their software anti-spyware or anti-adware, maybe they can call it anti-"keep your crap off my computer ware".:D
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B Karefel



wat u say here

you may get sued.... if you refer to them as anything other than what they think they are.... of course... what we think they are and what we think the software provided is... may indeed be a different story...

my my my... I can't hardly beleive this nonsense
dcurrey

join:2004-06-29
·ViaTalk

Re: wat u say here

I think a generic name would work. No more spyware/adware/maleware

Call everything autoloading software.

To NOT BE classified as autoloading it would have to meet the following
1. Program must be downloaded from the net or run off CD. No activeX installs java installs etc.
2. Program install must specifically be run by user. Either the download or off the CD.
3. On installer can only install 1 program.
4. Installer must specifically inform user of what it is installing.

I am sure you could come up with better rules but you get the idea. With this type of setup should leave the spyware/adware companies much room

drkkgt
Boo
Premium
join:2003-08-26
Whittier, CA


edit:
February 22nd, @12:45PM

Re: wat u say here

Don't forget, installer must install an UNINSTALLER that removes everything about the program, including reg entries, misc bitmaps, dlls and folders associated with it and resets to previous entries.
It should do this cleanly WITHOUT popping up a browser to ask if you are REAAAALLLLLLYYYY sure.
--
"A computer lets you make more mistakes faster than any invention in human history - with the possible exceptions of handguns and tequila."
-Mitch Ratliffe
TheWickerMan

join:2002-04-09
Enola, PA

Re: wat u say here

said by drkkgt See Profile:

It should do this cleanly WITHOUT popping up a browser to ask if you are REAAAALLLLLLYYYY sure.
...especially multiple times. I hate that! I shouldn't let it annoy me so greatly, but damn!

I recently had to clean another machine, and this one uninstaller made me fill out some kind of form as to why I was removing it. At the bottom was a freeform text window. I entered "F*** you" there. Immature, I know, but then so are the people who design this crap.

drkkgt
Boo
Premium
join:2003-08-26
Whittier, CA

Re: wat u say here

oh that's immature? gosh, I do that on all of them.

Anonymous
Premium
join:2004-06-01
IA
Bullseye Network crap.
Plldwnyrpnts

join:2003-04-19
Chicago, IL

Here's the solution

They don't want to be referred to as spyware, sooooo refer to them as adware (if that's what they want) and market an adware removing product. If they want to be labeled as something else, label them that then make a product removing that label. How hard can that be?

I know, my newest product will be called....."Advert remover".

Remove all advertising software from your computer with just a click of a button with new "Advert Remover"

Can they sue me?

not wanted



Re: Here's the solution

I don't care what they call it.. the bottom line is for me.. it's "NOT WANTED-WARE"

PS: I reserve the right to violate any of thier stupid EULA's especially if I didn't want the "NOT WANTED-WARE" in the first freakng place..

Hey... do you think they will understnd that?

I doubt it

baby_bear

@70.131.x.x

Isearch/Idownload is Scum/ad/crap/spy/garbageware

What's next, virus writers sending cease and desist letters to company's like symantec? Because thier files are labeled as viruses instead of 'alternate operating system configuration utilities'?

Maybe paying customers of Adaware should sent out cease & desist letter to adaware about any scumware definition removal.

yock
The Internet Is For Porn
Premium
join:2000-11-21
Fairfield, OH


edit:
February 22nd, @10:47AM

If it smells like a rose...

There are overtones to all of this that just aren't getting picked up by everyone's radar.

Since when do software companies get to decide whom is good and whom is bad? I thought that was the job of we consumers? Now, I'm not one for barring corporations from marketing to improve their image. There have been legitimate turn-around stories, though none dealing with the publicity companies directly that I'm aware.

Companies damn their credibility when they resort to vulnerability exploitation to get their message across. This activity should not be acceptable to consumers, and we must be willing to do everything in our power to avoid using these "products." That means migrating away from the products they exploit to do their work. Alternatives to Windows Media Player and Internet Explorer exist. Enhancements and fixes to the products are available, and their application is crucial if you wish to continue using them. You can also run as non-privileged users in any OS. This further complicates unauthorized adware installation by mitigating the threat of automatic software installation.
--
Statistical correlation need not imply causation.
Technical Nirvana

dadkins
Living on a Blu Planet
Premium,MVM
join:2003-09-26
Hercules, CA

Ok,

so let's call it what it ACTUALLY is CRAP-ware!

Who here(anywhere)want's that BS on their computers? Not ME!!!

OceanaJones

join:2004-10-18
Suffolk, VA

Just change what you call it

This is a simple solution, any program that is unknowingly, yet legally downloaded to a user's computer that changes its configuration,uses critical system resources and resist efforts to remove it, should be classified as Malware. A program's designation of Malware is a lot worse than many spyware programs that only seek to track harmless cookies.
rkhands

join:2000-08-18
Wheaton, IL
·Vonage
·Comcast

We should sue these criminals

we should sue these companies for trespassing, theft of CPU cycles, disk space, etc. Anything that installs itself on your (remember it is YOUR computer) without your knowledge or consent should be a considered a criminal act, no less than a burglar entering your home.
--
Randy (StatsMan) Handshttp://www.statsman.info
thomasaddley

join:2005-02-21
London, ON

Re: We should sue these criminals

Class Action Maybe
lesopp

join:2001-06-27
Land O Lakes, FL
My sentiments exactly.

bent
not broken
Premium
join:2004-10-04
Longmont, CO
clubs:
·Comcast Formerly ..

I was wondering when someone would draw this paralel... If someone came into my home and started painting a billboard on my livingroom wall they would find themselves with an excess of holes in their body. I don't think that this is all that much different.

Here are some ideas for a class action:

Theft of CPU cycles = Theft of Electricity = Theft of Public Utility

If my neighbor pluged an extention cord into my outside outlet, and used it to power his home, I'd be pissed, and I bet that the PUC would have something to say about it.

Undesired Operation under FCC law? Probably not, but worth checking into.

When all is said and done, I personaly don't have any problems with spyware, adware, or malware because I don't go "ooohhhh free screensaver click click click" and I know what every peice of software that is installed on my pc's does.

Unfortunatly, not all people are as savy. Laws are supposed to protect stupid and/or ignorant people from themselves, but most of us would agree that the less regulation of the net and computing environment the better. Microsoft has taken good steps in the right direction by having some educational stuff built into Win XP sp2 "Whats the Risk?" and I think that this trend is positive.

What it really boils down to is caveat emptor "buyer beware" if you don't know how to use your tools, you probably shouldn't...
--
Pura Vida!

keith2468
Premium,MVM
join:2001-02-03
Winnipeg, MB

quote:
we should sue these companies for trespassing, theft of CPU cycles, disk space, etc. Anything that installs itself on your (remember it is YOUR computer) without your knowledge or consent should be a considered a criminal act, no less than a burglar entering your home.

The thing is you'd have to resort to a civil suit.

And if you lost, you and/or your lawyer would be out big bucks.

What is needed is legislation that defines the crimes -- the crimes you describe -- so that ASW companies, the police, DAs, etc., can battle these malware companies.
--
(Virus&Hijacking FAQ + Submit suspected malware + Backups FAQ + Security FAQ TOC)

baby_bear

@70.131.x.x

Pick on the little guys!

»securityresponse.symantec.com/av···rch.html

Wonder if Symantec got thier cease and desist letter yet?

Let's hope when the suicide bombers make it to this country they start at the doorsteps of Spyware companies, RIAA, MPAA and money grubbing Lawyers!!

Link credit: Blast over at CastleCops.

hangthescum

Hang ALL SPAMMERS by their Balls !!!

Hang those SCUMBAGS by their balls with barbed wire !!!

The only good SPAMMER is a dead SPAMMER !!!!

Doctor Four
My other vehicle is a TARDIS
Premium
join:2000-09-05
Dallas, TX
·AT&T U-Verse
·RoadRunner Cable
·AT&T Yahoo


edit:
February 22nd, @11:15AM

Re: Hang ALL SPAMMERS by their Balls !!!

Actually these are spyware vendors, but the same applies
to them as to spammers. And the rules of spam are easily
adapted to spyware vendors:

1) Spammers Spyware Vendors lie.

2) If a spammer spyware vendor seems
to be telling the truth, see rule #1

Oh, and ISearch/IDownload, your application is spyware/
crapware/malware. So sue me. Or is this another cart00ney
legal threat the likes of which spammers send?

Face it, these morons don't have a case, and they know it.

And even if this gets as far as the lawsuit stage, I'm
sure that ISearch/IDownload won't mind the discovery
process and have everything related to them and their
shady marketing practices outed for anti-spyware
advocates to find out about. Knowing th