PC Pitstop Continues Anti-Spyware Campaign 25
Jason Spaceman points to this Globe and Mail story which begins "'Fresh from settling a libel lawsuit by pulling anti-Gator pages from its site, PC Pitstop this week plans to launch a new, expanded site critical of the controversial software.'" They're not giving up; according to this story, although Claria (nee Gator) is attempting to use such libel suits to stop critics from describing their spyware software (still called Gator) as "spyware," "To replace the material it removed in September, PC Pitstop on Thursday plans to launch its Gator Information Center -- which in many respects appears no less critical than its predecessor."
i know. (Score:2)
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PC Pitstop (Score:4, Informative)
Not Spyware? Fine (Score:4, Insightful)
Spyware is software installed without the users knowledge.
Our software is only installed with the user's knowledge.
Ergo, we are not spyware.
OK, so, define a new term:
Tattleware - software that reports your actions to a third party
Then use that term to describe Gator.
Additionally, it would seem to me that one could argue in court
You say your software is not spyware, since it is always installed with the user's permission. Fine - prove your assertion. We want a list of all computers with Gator on them, and proof that the users consented to the installation.
Re:Not Spyware? Fine (Score:3, Insightful)
Additionally, it would seem to me that one could argue in court, "You say your software is not spyware, since it is always installed with the user's permission. Fine - prove your assertion. We want a list of all computers with Gator on them, and proof that the users consented to the installation."
Only the way the justice system works is that the burden of proof lies with the prosecution, not the defendant. If you were launching a suit against Gator, you'd be required to "prove" that many users had their
Re:Not Spyware? Fine (Score:2)
Re:Not Spyware? Fine (Score:1)
But it is GATOR that is suing...
Well, that certainly seems reasonable enough then.
Re:Not Spyware? Fine (Score:3, Interesting)
The person filing the suit still has to prove their case, it doesn't matter what they're called. You can't file suit in the US and expect the defendant to have to prove their innocence/non-liability.
Re:Not Spyware? Fine (Score:2)
You ignored the message to say the wording doesn't matter. Good job.
Gator is suing, hence they have the burden of proof. They have to prove libel. They have to prove that calling Gator spyware is libel. The defendant isn't proving anything with the "give us a list" argument.
Re:Not Spyware? Fine (Score:1, Insightful)
What about "Gators"? (Score:2)
Since it's common speech, they can't claim trademark over the name.
Re:Not Spyware? Fine (Score:3, Insightful)
Gator's playing semantics. They don't seem to deny that their software monitors users' actions and reports them to their server. They're just trying to re-define the term so it only applies
Re:Not Spyware? Fine (Score:1)
Re:Not Spyware? Fine (Score:2)
Governments hire spies... (Score:2)
Spies often work for the goverment they are apying AGAINST. That is the government they are stealing information from concented to their right to be and do some things that. The spy typically finds that the concented level of acess to secerets isn't enough and useing their position as an insider to gain additional access to secerets.
Looks like Gator is spyware to me. Users concent, without knowing what they are concenting to.
RTF Site (Score:3, Interesting)
Re:RTF Site (Score:2)
Gator and Overture linked (Score:3, Interesting)
Overture needs to be called to task for this relationship.
Optimal solution (Score:3, Funny)
Fine. Let's start calling all spyware "Gator-ware" (or "Claria-ware", to reflect their name change, which seems unneeded and even counterproductive considering what a great product they seem to think they have).
We can all play their stupid little word games, to our amusement and their detriment.
Perhaps we can even come up with an entire themed system of sypware nomenclature... "Gatorware" sneaks in to eat you, but if you look closely enough, you can see it install itself. "Crocware" boldly anounces itself and makes you think you need it. "Clariaware" breaks any programs that try to call a spade a spade (such as some of the adaware removing spyware progs out there). Hmm...
Do unto others as..... (Score:1)
Use of something like Spam Motel [spammotel.com] highly recomended.
If you prefer another method of sharing your feelings. By all means SnailMail: GAIN Publishing, Inc. 2000 Bridge Parkway, Suite 100 Redwood City, CA 94065.
Their Fax Number is plainly listed as: 650-232-0400
For people in Redwood City, CA they even provide a MAP [gator.com] of their location
S then Dell can tell people how to remove Gator... (Score:1)
If a private investigator tells you that they are being paid to watch your every move, is it then no longer spying as they follow you around?