An interview with Ad-Aware's Nicholas Stark 199
Andrew Leonard writes: "In the wake of the Ad-Aware/RadLight spyware vs. anti-spyware showdown, Salon has an interview with Ad-Aware's Nicholas Stark, who explains in no uncertain terms Lavasoft's determination to match every move by the spyware developers."
license (illegal?) (Score:5, Insightful)
As far as I know a license statement should only apply to when one is using software, I think legally a court would uphold that a license cannot tell someone what hardware or other software they can or cannot use.
The interesting thing with this is that the are forcing users to comply with a license which is probably not even legal.
As for uninstalling software without any other warning, wouldn't this be on the same level as a destructive virus? I sure as hell wouldn't pout my name on a virus.
Also it never states that the software will be removed. It says you cannot use other applications to uninstall their spyware. So you can have anti-spyware installed on your computer without breaking this (probably illegal) license.
I would think the company is liable for criminal damage to property much like a virus writer would be.
Re:well I'm not surprised... (Score:5, Insightful)
Simple, because that is what is his users ASK of him. Most people download spyware don't know that it's there. When was the last time you intentionally installed Cydoor? When was the last time your version of p2p software said in big letters "This software will install spyware now Yes/No"?
Now if he packaged ad-aware inside of kazaalite and didn't tell anyone what he was doing, THEN he'd be getting a taste of his own medicine. This, however, is completely different.
Re:Radsoft (Score:3, Insightful)
Re:Software licenses (Score:5, Insightful)
Someone writes a "contract" that says if you happen to walk across a particular stretch of sidewalk, not only will they keep that sidewalk clean for you, but you agree to give them 50% of your salary for the next year. Then they post a copy of it well off the sidewalk, where it isn't easily read (not without binoculars). So, curious, you walk across that sidewalk up closer to it, so you can read the "sign"... is there any reasonable person that would contend you agreed to this contract?
If the dumbass that pulled the stunt took you to court for breach of contract, would the judge even hear it, or would he toss it out, only after chastising the plaintiff's lawyer?
How is a EULA any different?
The Legality Of Spyware (Score:5, Insightful)
I mean, if a virus had a license agreement, would it be ok to use it then? And what if the virus attached on to another program with a license agreement that you probably wouldn't read? That is really what these scumware programs are doing. It is an outrage!
Re:Pot. Kettle. Black. (Score:2, Insightful)
You and your product may have been very clear on the ad/spyware issue, but I'm absolutely sure I have never been asked by an installer if it was ok to replace my winsock.dll by something that resolves .cool and .new tlds etc. Or to redirect all my http traffic through some hit counter. Yet this happens when installing some of these "freeware" tools.
The problem is that these companies are not upfront about it. Morpheus has an anti-spyware logo on it's site for chrissakes. Only when everybody comes bitching to them, they change their EULA's and say, hey, we told you all along, and you agreed, so what are you complaining about?
"[Anti-adware program] has been found on your system. It may remove files that this software needs. Do you want to remove [Anti-adware program]?"
If it gave a warning like this, fine, I'd cancel and that would be it. If it gives you a choice (like ad-aware does), it's ok, otherwise it's not.
Re:license (illegal?) (Score:3, Insightful)
"So you can have anti-spyware installed on your computer without breaking this (probably illegal) license." - yes but it'll uninstall Ad-aware without telling you - that's what this whole story was about!
Re:Pot. Kettle. Black. (Score:3, Insightful)
The confused user is your problem. Ad-Aware is, in fact, doing exactly what it advertises: removing spyware. Your application does more than it advertises - it installs spyware that the user is apparently unaware of. How do we know this? Because they actively removed components they had no idea was on their system much less that they were installed by your product.
And please. Who really reads the EULA? You KNOW the end user is not going to read it no matter how plainly you write it and how much verbage you use to explain "ad supported" software.
So how do you educate your user? Make it an active part of the installation process.
The user downloads the WidgetMeister app to view their favorite widgets. During the install of the app, it notifies the user that WidgetMeister is ad supported software and is sponsored by several software packages. List the packages. Explain their use. Give the user a chance to not install specific components, or abort completely.
Of course - I suspect that this would also effectively cut deeply in to WidgetMeister's user base as many users will decide not to use it. And that's the crux of the problem.
This is not about ad-suported software. It is not about confused users. It is about the subterfuge of the spy-ware industry and the battle for control between end users and developers for the user's system.
Re:Radsoft (Score:1, Insightful)
I completely agree with this. But that is not the issue.
They [Ad-Aware and Radsoft] have nothing directly to do with each other.
This is the point I don't understand. How you can you say that? Radsoft actively chose to bundle in a piece of spyware, the kind which Ad-Aware's sole purpose is to destroy. So how are the two unrelated? This has less to do with functionality and more to do with the politics of software distribution.
Essentially, this all boils down to "The enemy of my enemy is my friend" or more appropriately, "The enemy of my friend is my enemy." I may disagree with the method in which the software us removed, but I can certainly understand the justification.
Re:The Legality Of Spyware (Score:3, Insightful)
"Light" versus "lite" actually has a pretty interesting back-story. The FDA mandates terms like "low fat," "fat free," and "light." But there's no such regulation of the pseudo-term "lite." So it's "lite" ice cream even though it's 43% butterfat. That's a marketing thing.
Ah, but you forget the cardinal rule of the English language: "If enough people use it - even though incorrect - it becomes a word by sheer force of numbers."
But you forget the cardinal rule of language: linguistic drift happens over centuries, not decades or years. Find me a use of "virii" in English that dates to 1890 or earlier and we'll talk. Until we do, "virii" is still wrong, wrong, wrong.