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iDownload Tries to Silence Spyware Critics
Posted by
timothy
on Wed Feb 23, 2005 01:33 PM
from the o-muerta dept.
from the o-muerta dept.
Doug Muth writes "According to this article over on DSL Reports, yet another spyware author, iDownload, has been sending out cease and desist letters to sites that classify their iSearch toolbar as Spyware. Some research reveals that yes, iSearch really does take over users' computers. A search on Spyware Guide also turns up a writeup on iSearch."
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iDownload Tries to Silence Spyware Critics
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Packets (Score:5, Interesting)
I have seen packets of it sending the current URL to questionable websites... especially right before it pops up a window.
Spyware, no doubt.
Re:Packets (Score:5, Insightful)
(http://www.dragonswest.com/ | Last Journal: Monday November 05, @07:35PM)
Spyware, no doubt.
So today's lesson is: Weasels will turn to the courts to shut up those who would warn the public
funny thing is, it's the same lesson we've been presented before [216.239.57.104].
Re:Packets (Score:5, Informative)
(http://www.covenantspice.com/)
If you define "problem" to mean that you can loose in court, then I suspect that you would be OK.
If you define "problem" to mean that you wind up in court in the first place and have to blow your life savings and any equity in your house on lawyer fees, then I could see that there might be a problem.
Remember, the court appoints you an attorney for free ONLY in criminal matters. In civil court, you are on your own.
Re:Packets (Score:5, Funny)
Simple solution. Kill the CEO of the company suing you.*
*I'm joking, please don't sue me... or I'll kill your CEO.
Re:Packets (Score:4, Insightful)
(Last Journal: Friday June 04 2004, @01:05PM)
It is a bully tactic...they are betting that the small anti-spyware sites don't have the cash flow to afford the inevitable legal fees. Fortunately, Kyle at [H]ard|OCP was willing to spend a quarter of a million dollars defending his right to have an opinion.
Remover? (Score:4, Informative)
My expierence with spyware companies leads me to belive that this is even worse than the original spyware, but if anyone with a computer they're willing to sacrifice or a honeypot for spyware wants to try it, they've at least provided something that they claim will remove their spyware...
Re:Remover? (Score:5, Interesting)
iDownload.com, Inc. DBA iSearch Internet provides applications which help to subsidize the free content and product offerings of many publishers. iSearch applications are not spy ware and do not collect any personally identifiable information about users. Additionally, iSearch applications do not hijack home pages, promote obscene material, alter/add items to user's favorites, modify security related settings, prevent security related applications from running, or alter cookies or url's to receive credit for affiliate driven sales.
If you wish to remove the iSearch applications from your computer, you may download our automated removal mechanism.
Please be aware that many so called "ad ware removers" and "spy ware removers" can cause damage to your computer and may alter your computer in such a way that our automated removal application will not function. At the present time, there is no third party software which is capable of removing iSearch applications. If you have purchased an application which claims to remove iSearch, we encourage you to contact your credit card company and request an immediate reversal with the reason of "Product Not As Described" and/or contact the Better Business Bureau.
Cute. Nice cancerware. (Score:5, Interesting)
Gee, and how might they do that? Surely not anything that'll annoy the fuck out of me?
iSearch applications are not spy ware and do not collect any personally identifiable information about users.
No, just everything else. Methinks iDownload doth protest too much - I've never heard a EULA (or whatever) claim NOT to be spyware unless it WAS spyware.
Additionally, iSearch applications do not hijack home pages, promote obscene material, alter/add items to user's favorites, modify security related settings, prevent security related applications from running, or alter cookies or url's to receive credit for affiliate driven sales.
That's a better definition of malware than spyware, though not inclusive regardless.
At the present time, there is no third party software which is capable of removing iSearch applications.
Hm. So, in other words, we've p0wned your box. But we're not spyware, of course not.
If you have purchased an application which claims to remove iSearch, we encourage you to contact your credit card company and request an immediate reversal with the reason of "Product Not As Described" and/or contact the Better Business Bureau.
Uh huh, it's Norton who needs to be reported to the BBB. Not the bunch of assholes who have done everything possible to keep their cancerware on your box.
Re:Packets (Score:5, Insightful)
Suck-AssWare?
Doesn't matter (Score:5, Insightful)
(http://www.pocketinformant.com/)
If it gets into the court system and doesn't get outright dismissed, then its a problem.
Re:Doesn't matter (Score:5, Insightful)
(http://www.slashdot.org/~lukewarmfusion/journal/ | Last Journal: Tuesday August 02 2005, @02:49PM)
Gator became Claria, as I recall, right around the time they started using these tactics. I wonder if someone can find an update on the outcome of their C&D orders. My guess is there wasn't any - it was just hot air.
Re:Doesn't matter (Score:5, Insightful)
Re:Doesn't matter (Score:5, Interesting)
WARNING: 'ChangeYourToolBar.exe' isn't spyware. It is a program that changes your toolbar with its own custom version, without asking your permission. If you think this is an illegitimate program, please click on the check box to delete.
Now this removes the burden-of-proof from anti-spyware programs, and lets the user decide whether he should keep it or not based on the description.
Kashif
Does too matter (Score:5, Insightful)
(http://picknit.com/ | Last Journal: Saturday July 29 2006, @03:58PM)
Plus there's always the chance that iDownload has discovered some obscure bit of legislation or precedent that gives them the upper hand legally. You think the people who write laws and court decisions always have the same view of "fair" as you do?
New Yorker cartoon, showing lawyer talking to client. "Sir, you have a very good case. But before we can proceed, we have to settle one small issue: exactly how much justice can you afford?"
If this outrages you, well, it should. Best way to express this is by contributing to any anti-spyware defenese funds that get organized.
Re:Does too matter (Score:5, Informative)
(http://www.angelfire...epublican/index.blog | Last Journal: Thursday July 27 2006, @12:00AM)
That's one way. Another is to rediscover our right of Jury Nullification [greenmac.com].
People will quit filing bullshit lawsuits when juries stop handing them victories.
LK
Re:Does too matter (Score:4, Insightful)
(http://www.christopherculver.com/)
It's called SLAPP (Score:5, Informative)
(http://xpine.sourceforge.net/)
- Company X does something bad
- Citizen Group Y complains about it (in a newsletter, road sign, whatever)
- Knowing that Citizen Group Y has limited funds and cannot afford a long, protracted legal battle, Company X files a lawsuit against Citizen Group Y, claiming they're disparaging their product or otherwise defaming their business (can you believe there's actual laws that serve as a basis for this crap? I mean, what the hell is "food disparagement" anyway?)
- Citizen Group Y caves in, Company X resumes doing evil without tarnishing its good name
Fortunately, more and more states are getting wise and passing Anti-SLAPP laws, which gives legal grounds for requesting early dismissal of a SLAPP suit. Even though this might not keep you out of court, early dismissal can prevent protracted, expensive legal battles.But then again (Score:5, Funny)
One is a dark creature that crawls in filthy dejects and spreads panic and pain wherever it shows. The other is a small rodent.
Hardly surprising (Score:4, Funny)
Not Spyware? (Score:5, Funny)
I deem thee, "Assware"
Re:Not Spyware? (Score:5, Insightful)
Also from TFA: iSearch is a toolbar that in no way attempts to remain hidden or evade detection.
That's an understatement! iSearch is about as in-your-face as it gets.
Personally, I've never liked the term SpyWare as it seems to focus on a very narrow aspect of the problem (i.e. gathering of personal information). A better, more encompassing term might be "HijackWare". Although AssWare is certainly accurate enough.
I think that any software that resists removal by the end user should be outlawed. True, the user may have volunarily (and probably unknowingly) installed the software. But then actively preventing them from discontinuing use is criminal (IMHO). I certainly can't think of any product that behaves similarly (except perhaps the Happy Fun Ball [happyfunball.com]. Do not taunt Happy Fun Ball!).
Re:Not Spyware? (Score:4, Insightful)
a letter to stop sending letters (Score:3, Insightful)
Everyone should write them a letter to quit having their toolbar hijack your computer!
http://www.immigrantornot.com/ [immigrantornot.com]
Yea definitly spyware.... (Score:5, Insightful)
(http://krenzel.info/)
Regards,
Steve
Re:Yea definitly spyware.... (Score:5, Informative)
You should report that to ICSA (Score:5, Interesting)
No need for alarm (Score:5, Informative)
Re:What? (Score:5, Insightful)
I can sue you for wasting the planet's oxygen. (You're breathing, right?) The court will throw the suit out immediately, but I can file it. This also forces you to defend it, which means hire a lawyer, spend money, etc. It's a form of bullying.
So what it really comes down to is, these slimeballs are saying, "If you call our stuff spyware, we're going to harass you, make your life difficult, and cost you a bunch of money". It's a form of bullying.
Welcome to the United States, home of the "free" (how come we aren't free from this kind of nonsense?)
Re:Just let us know (Score:5, Funny)
Could happen to you... (Score:5, Insightful)
(http://www.clinko.com/ | Last Journal: Thursday February 07 2002, @03:25PM)
Eventually this is going to happen to legit companies. I make a taskbar icon program [clinko.com]. I'll admit it's pretty shitty because it's beta. Also, You see more ads because of using it than not using it... (It links to pages with ads on them.)
Is it spyware/Adware because I want to pay for a work in progress?
Re:Could happen to you... (Score:5, Informative)
The software may conveniently without your input or interaction install Third Party Software on your computer
There is really only one way to look at that
http://toolbar.isearch.com/terms.html
Re:Could happen to you... (Score:5, Interesting)
(http://rcamera.org/)
Further, you agree that you will not initiate, permit, authorize or assist any third party or application to remove the Software from your computer, or disrupt its operation or the operation of any other user. You agree that removal of the Software from your computer will only be performed by you pursuant to the instructions set forth herein.
does this mean that i can't clean up the spywa^H^H^H^H^Hsoftware on my wife's machine for her?
Violation of the EULA (Score:5, Insightful)
How's that again?
Virg
Well duh (Score:3, Insightful)
Hey, you know something? (Score:5, Interesting)
(http://www.drgw.net/~nnthayer)
iDownload won't even know what hit them.
Re:Hey, you know something? (Score:5, Funny)
(http://www.geocities.com/shenobi_us | Last Journal: Thursday October 19 2006, @01:24PM)
Re:Hey, you know something? (Score:5, Insightful)
But its profit margins are going to start being hit if using Windows becomes too unpleasant an experience, and malware is threatening just that for the average user. Hence the interest in spam prevention/filtering, firewalls, anti-virus, and anti-spyware software.
Re:How to make them stop quacking? (Score:5, Funny)
Re:In other news... (Score:5, Informative)
I write software for a living, and sell it for a living, and support it, etc.
I am not the least bit worried about other people's software uninstalling mine.
Why?
Because, it's ultimately the end-users decision. The owner or owners of a PC get to decide what to do with it. Would I be pissed if a competitor was targetting my stuff and auto-breaking/disabling it? Yes. Are there legal remedies available to me? You bet.
I am I pissed if an end-user decides to install some software that decides my software is bad? NO, not at all. Why is it bad? For disk space reasons, performance, or some bogus false-flag? What can I do to make my software better, that's what I am interested in.
Citizens have final total dominion over their private property, and that's how it should be. If someone wants to install something that breaks one of "my" products, well then, too bad for me.
Counter suits (Score:3, Interesting)
MHO, of course...
Here's his lawyer's address (Score:3, Informative)
mark@ssjmlaw.com
Mark D. Hopkins
Telephone: (512) 347-1604
Fax: (512) 347-1676
The Overlook at Gaines Ranch
4330 S. Mopac, Ste. 150
Austin, Texas, 78735
From the link (Score:5, Informative)
(http://www.thepickupartist.com/ | Last Journal: Tuesday January 11 2005, @04:44PM)
If that isn't spyware, I don't what is. In fact, isn't that the definition of "spyware"?
They also claim to "conveniently without your input or interaction; install software from iSearch affiliates; and install Third Party Software".
That's scary stuff!