Anti-Spyware Companies Being Sued!

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revgen

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Companies like Claria (makers of Gator), 180Solutions and others are putting cease and desist orders to anti-spyware companies like Microsoft, Webroot, Lavasoft and others. It looks like they're all going to end up in court soon.

Someone in this forum said that Lavasoft has backed down and has removed protection from it's latest database.

So far Microsoft and Webroot aren't backing down. I hope Microsoft kicks their ass ( I can't believe I'm M$ side on this! :eek: ) and puts them out of business.

Here's the link: http://www.nwfusion.com/news/2005/040405-spyware.html
 
This is definitely a case where Microsoft can make another huge impact soley because MS can devote the time, finances, and legal muscle to stand up against adware makers.
 
SJConsultant said:
This is definitely a case where Microsoft can make another huge impact soley because MS can devote the time, finances, and legal muscle to stand up against adware makers.
Click to expand...

Yeah... what else is new... lol :p
 
This is more of a court case for the average person to battle. From the spyware companies view, lavasoft type companies are making the playing field unfair.

Microsoft cant really say "they were messing with our OS". Its not theirs, its the owners.
Lavasoft just invented a working way to remove software, which may violate Gator's EULA/Liscense agreement.

Ever read them? I downloaded a bunch of "free" Video editing tools. A good chunk of the filters and codecs were adware supported. I had to agree to many liscense agreements from gator and some other crap, saying something along the lines of "you cannot use this software if you delete the adware programs <agree button> <Disagree button>".

We need pissed off 'Nam veterans to join together in court cases and say "I lost $3,000 in work-hours and computer repair 'cause of your retarted software, which has no uninstall feature". Or ISPs saying "your company wasted 10,000 Gb of my 50 clients bandwidth this month with xxx-port ad downloads."

I hope the rest of the people wake up and start popping pepcid-Ac to fight the stress-related stomache indigestion, and fight against spyware. I would love to inner-net without crap loading on my PC from every corner of the web.
 
I think MS will definitely fight this - they've come out and stated that they are very anti-virus and anti-spyware for a good reason - these things are absolutely killing their users and making their OS look really bad (that's another topic, I'm speaking from their view..). It's BS that these spyware companies think their stuff is legit, thus I'm glad MS is fighting.
 
This will actually be a more defining development than I believe everyone realizes. Mainly, because this is where the good ol' government is going to start stepping into MS's territory. Microsoft is big bucks to the US, and the US wants to help MS, but the problem is that there cannot be any legislature passed that is totally against "spyware"(<-- place your defenition here). One thing against the spyware companies is that they go after MS specifically. There is a reason why you do not get "spyware" while using Firefox, Linux, the MAC OS's. </rant>
 
man I fucking hate spyware
I hope those bastards burn

go Microsoft and all those other companies - STAND UP, we are behind you!!
 
OP:
"Cease and desist"

On topic:
I hate to say it, but both sides have valid arguments in this case. Spyware isn't illegal (yet), although some of the terms of the EULA may well be- isn't the majority of Europe disregarding the EULA as a legal contract now? It shouldn't be GATOR-vs-Microsoft/co, it should be MS and other such companies lobbying Congress to have spyware and adware outlawed!
 
bob said:
Lavasoft just invented a working way to remove software, which may violate Gator's EULA/Liscense agreement.
Click to expand...

How can Lavasoft violate an agreement they were never part of?
 
The main problem right now is there is no solid definition of what "Spy-Ware" "Ad-Ware" "Malware" actually is. The "Spyware" Companies are basicly telling the companies to not list them as "spyware" etc because they feel they are not considered that. If some one was to put out a solid definition of what it acutally was alot of this stuff would be taken care of. an example of a definition would be "A program that installs its self with out consent of the user" but more in depth.


I absolutly hate microsoft but if they help with the spyware problem more power to them. I work as a network admin and spyware is a huge pain in my ass.

just my 2 cents
 
AcidTone said:
The main problem right now is there is no solid definition of what "Spy-Ware" "Ad-Ware" "Malware" actually is. The "Spyware" Companies are basicly telling the companies to not list them as "spyware" etc because they feel they are not considered that. If some one was to put out a solid definition of what it acutally was alot of this stuff would be taken care of. an example of a definition would be "A program that installs its self with out consent of the user" but more in depth.


I absolutly hate microsoft but if they help with the spyware problem more power to them. I work as a network admin and spyware is a huge pain in my ass.

just my 2 cents
Click to expand...
I agree. It seems each company has a differing opinion on what spyware is. But, it both sides seem to have logical arguments. As a computer user, I absolutely hate spyware. I run scans of my system a couple of times a week. I don't need crappy, unwanted, programs being installed without my consent that hog the resources of my computer and OS. So, I'm am fully backing MS and other companies that are battling spyware in the courts.
 
evilcartman said:
I agree. It seems each company has a differing opinion on what spyware is. But, it both sides seem to have logical arguments. As a computer user, I absolutely hate spyware. I run scans of my system a couple of times a week. I don't need crappy, unwanted, programs being installed without my consent that hog the resources of my computer and OS. So, I'm am fully backing MS and other companies that are battling spyware in the courts.
Click to expand...

But you see, they already pointed out their EULA/Agreement in which you agreed to. I don't remember having spyware without actually clicking, "OK" or "I Agree" or "Accept". There are one or two times when I had crap on my computer without my knowledge, yes but I would consider them to be malware (or even viruses). So, they win. You have to click no to never get that, even if they push it on you (which is what they call, an offer). They win again. Unless you tell them to stop and they don't, then that's illegal. And in a way, pop up blockers are "illegal" because you're going on a website that has its policy to have pop up advertisements. You either take it or leave it. So, they win again. But in the end, the spyware companies are really just taking advantages of the U.S. political/system's loopholes. So they're real evil.

Basically, this is truly a war between legality/cleverness vs. human stupidity/wants.

-J.
 
Pop-up blockers aren't illegal in the sense you think they are. For the easiest way to understand why, think back to the early days of VCR, when you had the option to skip commercials. There was nothing illegal about this, but the broadcasters found a way around it.
 
I doubt the spyware vendors will gain any ground except with the possibility that spyware removal tools in the future might have to pop-up a dialog box warning users that some of the spyware they're removing might be required in order to comply with the EULA for ad-supported software. I also suspect that some software vendors that produce software that may have been misclassified as spyware might have some additional recourse as well. But that'd be the rare exception.
 
SJConsultant said:
This is definitely a case where Microsoft can make another huge impact soley because MS can devote the time, finances, and legal muscle to stand up against adware makers.
Click to expand...

also, it gives microsoft a chance to win back some of the MS haters.
 
AcidTone said:
I work as a network admin and spyware is a huge pain in my ass.

just my 2 cents
Click to expand...

Right there with ya. I'm an amdin for a school system. Teachers are allowed to get away with murder; I mean they visit any site they want and download whatever they want. Then its up to me to clean up their machines after being so infected they don't operate properly.
 
I also work for a school district. Been here for a year and a half and no one did any type of windows updates ect so i had 600+ computers that were completly infected with spy ware. IT SUCKED. After taking my whole summer to run scans and re-image the really bad computers I am finaly starting to make some progress. In between the rest of my duties (Server, Network, and any other maintience you can think of)......
 
Malk-a-mite said:
How can Lavasoft violate an agreement they were never part of?
Click to expand...
I can violate exhaust emmision laws that I was never a part of, and I do. (But untill im caught, I wont pay the $1100 fine)

Lavasoft makes software that removes gator, right?

Gator can get on the computer by the user installing adware supported software. Lavasoft makes software that removes adware out of the software bundle. Still dont see the problem?

Napster makes software to download other peoples MP3s for free. Napster was never part of the music industries laws and fines. Look what happened to them. They werent part of the music downloading (some call it stealing, its actually just coping), but only made software and servers to make the whole networking possible.

Now, tell me you see some similarities here. Im not a spyware fan, But if I had a $50 million-dollar a year company, and I was being screwed out of it by lavasofts software, I wont be smiling happily.
 
bob said:
Microsoft cant really say "they were messing with our OS". Its not theirs, its the owners.
Click to expand...

technically, isn't it microsoft's os still? after all, we only buy licenses to use it. it doesn't technically "belong" to us...

i hope microsoft eats gator and all the rest of them alive... if nothing else, get it to the point where gator et.al. have to put on their install dialog box "you are about to install software that could be considered spyware and will crud up your computer something wicked bad" or something to that effect... truth in labeling laws should apply to computer software too...
 
Liscensing, owning, renting, leasing... It all gets you an operating system. When you lease a car, its not technically Your car untill its paid for. But, if someone trashes it and paints flowers and words on it, I dont think General motors or Ford can sue someone in judge judys court over it.

But what im trying to say, This computer here is mine. Touch it, and you die. I may be liscensed to use the operating system, but gator is fuxoring up MY stuff and MY bandwidth. Gator may not be modifying the core operating components, so I figure its not MS's problem. Its my problem, So I will have to ram my 3 ton car into some ones new ferrari or porshe.

But then, Gator and other spyware companies are probably costing microsoft millions in Help & Support (figure out the wages & Time wasted). They could be able to sue for that.

I hope this spyware case doesnt drag on like the O.J. Simpson trail, I thought that would never end. It should be more like the trials in Salem, a town meeting, a pile of wood and gasoline (or whale lantern oil, whatever they had)

My 56K dialup is already slow enough at 2Kbs, death to those who slow it down without my consent.
Burn the devels and witches that infected my PC!
 
Spyware: (n) Any software that records usage statistics, habit information, or logs activities.

Malware: (n) Any software that lacks an effective and complete uninstall feature that is plainly visible through nomal removal channels, or hijacks any portion of a computers function from the default without express and explicit permission from the user. EULA's are not protection.

Adware: (n) Any software that displays ads on a computer.
 
bob said:
Liscensing, owning, renting, leasing... It all gets you an operating system. When you lease a car, its not technically Your car untill its paid for. But, if someone trashes it and paints flowers and words on it, I dont think General motors or Ford can sue someone in judge judys court over it.
Click to expand...
GM or Ford can't, but the bank actually can force you to get it fixed; how you get it fixed is up to you. It's the bank's property, and it's your collateral for the loan- if your collateral is, as you put it, fuxxored, then where is your incentive to keep paying back the loan?
 
Also, I think there should be a bounty on the authors of spam, malware, adware, and spyware. You bring in the scalped head of said author, and you get a reward in proportion to the number of people he/she has infected. Then you tear apart the remainder of the body and send them to suspected {spy,mal,ad}ware writers.
 
I saw 180solutions' claim that their adware is not "spyware" in the true sense of the word, but just advertising software. I'm not sure about that claim, though, but I think whether or not it's "spyware", hard to remove, etc. it deserves to be removed because they are a bunch of theives!

Evidently what it does is change affiliate links on websites so that it uses their affiliate ID, so instead of the money going to the website owner, it goes to these crooks! Even though they MIGHT have a valid claim, I fully agree with Microsoft, et al. on this matter.
 
lets hope microsoft counter sues them and brands adware and spyware as malware or even better as virii XD (kill KILL!!!!!)

No one wants some asshole program to snoop into their computer, its called a breach of privacy aka stalkers in real life. and i want stalkers in my com to be DELETED with extreme measures.Currently only Virii and adware doesnt have uninstallers so they are parasites and not software IMHO.

Shouldnt they be put into court like spammers??? lets see G.W.bush or any big political figurehead react if anyone is to have his/her internet surfing habits and records........and a laggy computer...

IMHO Malware writers should be prosecuted because they cause the computer community trouble just as a virii writer does .

As for spyware and adware, i want a CLEAN uninstaller that does not leave some funny .dll files in my system32 folder and registry after "uninstalling". Anything below that and we computer users have the right to sue the "spyware" or "adware" company because they are actually distributing MALWARE legally (or thru a legal loophole...f%%king law flaws).

....its like selling crack in front of the police station as flour.
 
acascianelli said:
also, it gives microsoft a chance to win back some of the MS haters.
Click to expand...

Not really cause most of the haters are on Linux, Unix or OSX which doesnt have spyware/malware/adware/viruses in the first place :p. If anything, this may actually get more people to use open-source software cause it doesnt suffer from all the crap windows does.
 
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