Gator Forces Site To Remove 'Spyware' Label

lurker412 writes "CNet News is reporting that Gator has forced PC Pitstop to remove Web pages that call Gator's software 'spyware.' The correct term, according to Gator, is 'adware.' The article states: 'If we find anyone publicly calling us spyware, we correct it and take action if necessary,' said Scott Eagle, Gator's senior vice president of marketing. So be careful what you say in your comments..."

Gator = Spyware

[citizenc]

Does it spy on me? Yes. Is it software? Yes. Therefore, Gator = Spyware.

QED.

Gator is Spyware

[mrpuffypants]

Gator claims that their software isn't spyware because people are told about what they are installing. Yes, they are told that they are installing Gator but that's it. I'm pretty sure that even my grandmother would click NO to installing a "persistent, targeted advertising and consumer tracking system" onto her computer.

So while technically they are correct they should also realise that they are sleazebags who sleep with SCO. There. That should piss them off.

Oh, and P.S.: Gator is Spyware. Ha!

Re:Me first

[Oopsz]

Great idea.

No, think about it. They can claim their product doesn't "Spy", but when it comes to arguments about its crap-like qualities, they haven't a foot to stand on.

Gator is trash and spyware

[Chibi Merrow]

At work we have a constant battle against Gator on user PCs as it uses deceptive messages and popups on websites to convince users to install. I have found little software that does more to make a user's PC using experience unenjoyable than Gator. Bravo, you've gone above and beyond the call of duty; most spyware simply installs itself and tracks users movements, your software pretends to provide useful functionality on top of being deceptive and displaying your customers' ads instead of the ones that rightfully belong on the site. And on top of all this it makes an already nearly unbearably (wow, alot of -ys) unstable OS (Windows) even more unusable.
Thanks alot, Gator! You've made me look like a PC Repair genius as simply running Ad-Aware on most systems to remove the stinking heap of maggot infested goat dung your software is from a user's PC thereby speeding it up and making it crash less often!

Re:Gator is Spyware!

[Anonymous Coward]

Very ..uh.. transitive.. almost.

Gator is Adware
Adware (if it is to be targetted in any meaningful way) is Spyware
Therefore Gator is Spyware

Re:Gator is Spyware

[Anonymous Coward]

Not only is Gator not clear and upfront about what it tells you about itself when installing it, once you have it, you have a task ahead of you to remove it. Same thing with Hotbar.

Those who read Slashdot are probably savvy enough to not install it in the first place. Dear ol' Mom isn't quite so savvy (although she generally rocks in front of the keyboard).

So I've spent three afternoons getting rid of Gator/Hotbar from her machine. Just try removing those things by using the "uninstall" links or scripts. That alone is enough that Gator shouldn't complain if it gets labelled anything it finds offensive, because the software itself is certainly offensive.

kl

Re:Notified?

[Anonymous Coward]

That's a good point. I'm pretty sure their practices go a very long way towards making Lavasoft (makers of AdAware) a profitable company. It's pretty bad when your competitors provide nothing but the abscence of your software.

Slashdot editors, are you there?

[Anonymous Coward]

Feedback: Tell us how we're doing or give us an idea on how to make it better.
Partners: You'd like to propose a business relationship or learn more about our business.
Affiliate Program: You have a question about the affiliate program. To learn more click here.

And my personal favorite...
Press: You'd like to schedule an interview with The Gator Corporation executives.
Slashdot Editors? Hello?

Re:Gator = Spyware

[B.D.Mills]

I agree.

I feel that software is "spyware" if it meets the following tests:

1. Does the software install itself without the user's knowledge or consent?
2. Does it monitor user behaviour of any kind?
3. Does it do this monitoring without the user's consent?

EULAs of other software that has the spyware as a bundle that mention the forced installation of bundled third-party software do not satisfy the consent requirements in (1). IANAL, but I feel that a clause in an EULA that requires a user to enter into a contractual arrangement with an unknown third party is invalid.

For (2), monitoring on its own is not sufficient. It also has to send back information to an external host. However, for the purposes of (2), any encrypted communications to the Internet counts as monitoring until proven otherwise (what is the software doing that requires encryption?)

For (3), it's not sufficient to have this in the EULA, and especially so if the user is not presented with the EULA or the software otherwise installs surreptitiously as defined in (1). EULAs cannot be enforced if the user is not given the opportunity to read them.

If Gator meets these 3 tests, it's spyware. Whether it has other functions that allow it to be called "adware" is irrelevant.

Re:Straight from their privacy policy:

[geekwench]

Again, from the privacy policy:

While we don't know the identity of GAIN-Supported Software users, the GAIN AdServer and TGC collect and use the following kinds of anonymous information:

* Some of the Web pages viewed
* The amount of time spent at some Web sites
* Response to GAIN Ads
* Standard web log information (excluding IP Addresses) and system settings
*What software is on the personal computer
*First name, country, city, and five digit ZIP code
* Non-personally identifiable information on Web pages and forms
* Software usage characteristics and preferences

The implication: we don't know your color, style, and size preference for your underwear, the names of your pets, or your checking account number. Yet.

What?

[twitter]

Not sneaky? Like installing itself without asking you? Like hiding in the M$ registry to carry out it's primary spy functions even after you try to remove it? Nah, that's not sneaky.

Gator is NOT winning. 23,000 sites with the words gator and spyware [google.com]. They might as well try to halt peer to peer music trading. By calling themselves, "adware" they will forever malign the name "adware". Gator is scum and anyone who has anything to do with them shall be judged as scum.

Re:Me first

[Anonymous Coward]

Dear Seth,

You seem to be confused. "took down" and "went down on" have entirely different meanings.

Sincerely,
Loser

P.S. The only thing worse than being an AC is pretending to be someone you're not. Is your life that pathetic?

Re:Me first

[yintercept]

Since the purpose of Gator is to give the marketers of Gator control of the end user's machines, why doesn't Gator just add some code to their program to prevent its users from seeing sites that tell the end user what Gator is.

Gator is spyware. They have a history of using drive by installs and misleading ads and trojan programs all designed with the purpose of making profiles of end users and manipulating the end user's browsing behavior.

This lawsuit is nothing but a stupid little word game played by shysters in a pathetic attempt to legitimize their game. They are like the spammers who put an opt out button in the spam with the idea that the opt out button legitimizes the spam.

Oh well, I hope slashdot and all of the users who responded to this post are ready to defend their free speach in a Gatorific round of lawsuits. I have looked at Gator, I've seen it in action. It is spyware.

Re: Me First

[Anonymous Coward]

I for one welcome our new Goator overlords.

Goatware4ever

Re:Gator = Spyware

[whereiswaldo]

Gator IS Spyware. My right to free speech allow me as an individual to say that. So I'll say it again.
Gator IS Spyware. I can also say that Bush is a dick if I want. Maybe he is, maybe he isn't, but I can say that.

You get to decide whether you believe me or not. That's why using our own brains is so important.

Re:Me first

[Anonymous Coward]

There *is* a difference between "year hardware dates from" and "date of OS install".

WinME will run on 7-year-old hardware...

Re:Me first

[FCKGW]

Thank you! When I remove spyware from people's computers, occasionally (but definitely not often) they actually use a piece of software (like Gator) that comes with it. If I like RoboForm after I install it, it will next to KaZaA Lite on my list of spyware replacements.

Mod parent up. More.

Re:Me Second

[taernim]

Write it on WWDN and they might take more notice than just a comment on /. ;)

Re:GATOR IS SPYWARE

[sholden]

Except of course for the word "secretly" in that definition. It's hardly a secret, since it is stated in a nice bulleted list in the EULA.