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iDownload Tries to Silence Spyware Critics 446

Posted by timothy 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 More

iDownload Tries to Silence Spyware Critics

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  • Packets (Score:5, Interesting)

    by BoldAC ( 735721 ) on Wednesday February 23, 2005 @01:35PM (#11757620)
    What?

    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)

      by ackthpt ( 218170 ) * on Wednesday February 23, 2005 @01:49PM (#11757796) Homepage Journal
      I have seen packets of it sending the current URL to questionable websites... especially right before it pops up a window.

      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:2, Interesting)

        by DJStealth ( 103231 )
        Is there any legal problem with stating something bad that is true about a company?

        If the sites refuse to take down references to iDownload, will they lose a legal battle?

        • Re:Packets (Score:5, Informative)

          by harrkev ( 623093 ) <kevin.harrelson@gm[ ].com ['ail' in gap]> on Wednesday February 23, 2005 @02:31PM (#11758265) Homepage
          That depends on what you define as "problem."

          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.

    • Remover? (Score:4, Informative)

      by Anonymous Coward on Wednesday February 23, 2005 @02:00PM (#11757928)
      This [isearch.com] is the link that isearch.com provides through thier FAQ about removing the spyware...it offers an executable that claims to be an uninstaller...haven't tried it as not only do i lack the spyware but I'm also on a public comp with no way to see what it does...

      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)

        by duck_oil ( 645053 ) on Wednesday February 23, 2005 @03:08PM (#11758669)
        Great link. It should be posted:

        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)

          by Mr. Underbridge ( 666784 ) on Wednesday February 23, 2005 @05:46PM (#11760395)
          iDownload.com, Inc. DBA iSearch Internet provides applications which help to subsidize the free content and product offerings of many publishers.

          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)

      by segoy ( 641704 ) on Wednesday February 23, 2005 @03:36PM (#11758962)
      Since they object to Spyware, Malwaire, and Foistware, can we call them, instead...

      Suck-AssWare?

  • Doesn't matter (Score:5, Insightful)

    by akac ( 571059 ) on Wednesday February 23, 2005 @01:35PM (#11757628) Homepage
    A cease and desist letter doesn't mean much if you're in the right. Anyone can send one. Anyone can sue. Its just being a blowhard.

    If it gets into the court system and doesn't get outright dismissed, then its a problem.

    • Re:Doesn't matter (Score:5, Insightful)

      by lukewarmfusion ( 726141 ) on Wednesday February 23, 2005 @01:39PM (#11757690) Homepage Journal
      If it did get into the court system, the court may end up legally defining spyware. Think of it in terms of libel, slander, defamation, etc. If you call the software spyware, it can damage their business and reputation. You could be held liable for their losses, even. But that would require that the claim was false. To prove it was false, the court would have to officially declare their software one way or another.

      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)

        by twiddlingbits ( 707452 ) on Wednesday February 23, 2005 @01:59PM (#11757914)
        Some states have passed laws that contain a legal defintion of spyware. I also think there is a bill in Congress that bans spyware as well (I hope it is a better bill than the CANN-SPAM law). To prove libel or slander there has to be an element of "intent". If there was no intent to harm thier business they can't win. It's your right as a user to ban whatever software you want, spyware tools just tell you about the supposedly "bad" software. You actually have to take an action and agree that it is "bad" and then delete it. Therefore the USER made the decision NOT the Spyware package. The spyware only provides you with information. This one will never make it to court, it's just a tactic to try to prop up a lost cause.

      • Re:Doesn't matter (Score:5, Interesting)

        by Kashif Shaikh ( 575991 ) on Wednesday February 23, 2005 @02:09PM (#11758041)
        Which is why Anti-Spyware software have to rename themselves, or put something in bold letters when something found isn't spy-based software. Something desclaimer like:

        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

        • New career (Score:3, Insightful)

          by Mr. Underbridge ( 666784 )
          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.

          I think I'm going to become a thief. I'm going to take everyone's crap, and leave a penny and a note that says "your items were not stolen. They were leased for $0.01, and will be returned upon request or after 99 years, whichever is later.

          Because, of course, if you clai

    • Re:Doesn't matter (Score:2, Interesting)

      by iluvcapra ( 782887 )
      A cease and desist letter doesn't mean much if you're in the right. Anyone can send one.

      IANAL, but a good friend of mine from dear University was able to put himself through law school partly by taking a tidy fee for writing C&D letters for anyone who wanted one sent. He would get a few hundred bucks, and the C&D sender would get a very official looking letter with all the classy latin tags built right in.

    • Does too matter (Score:5, Insightful)

      by fm6 ( 162816 ) on Wednesday February 23, 2005 @02:02PM (#11757948) Homepage Journal
      A cease and desist letter doesn't mean much if you're in the right.
      Every time we talk about lawsuits and C&D letters, somebody trots out this naive civics-class bullshit. It's not a matter of being in the right. It's a matter of proving you're in the right. There isn't some magically Equity Fairy who makes bad lawsuits go away. At the very least, you have to show up in court to argue that the lawsuit is bullshit. And then there's always a chance that the initial decision will be, "Well, it might be bullshit, but I need more evidence before I can decide."

      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)

        by Lord Kano ( 13027 ) on Wednesday February 23, 2005 @03:51PM (#11759115) Homepage Journal
        If this outrages you, well, it should. Best way to express this is by contributing to any anti-spyware defenese funds that get organized.

        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

      • It's called SLAPP (Score:5, Informative)

        by Omega ( 1602 ) on Wednesday February 23, 2005 @06:13PM (#11760663) Homepage
        This type of practice is what's known as SLAPP [thefirstamendment.org]: Strategic Lawsuits Against Public Participation. They're used by companies as a way to silence critics. It basically works like this:
        1. Company X does something bad
        2. Citizen Group Y complains about it (in a newsletter, road sign, whatever)
        3. 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?)
        4. 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.

  • Hardly surprising (Score:4, Funny)

    by null etc. ( 524767 ) on Wednesday February 23, 2005 @01:35PM (#11757629)
    Since when have spyware companies followed ethical practices?

    • Re:Hardly surprising (Score:3, Interesting)

      by nuclear305 ( 674185 ) *
      "Since when have spyware companies followed ethical practices?"

      Their lack of ethics allows them to do whatever makes a profit--including using ethical practices! I know, it's a mind bender...

  • Not Spyware? (Score:5, Funny)

    by dbleoslow ( 650429 ) on Wednesday February 23, 2005 @01:37PM (#11757652)
    from TFA, Not only can't the products be called "Spyware", they can't be called "Foistware" or "Malware" either.

    I deem thee, "Assware"

    • Re:Not Spyware? (Score:2, Interesting)

      by Nichotin ( 794369 )
      Exactly. Since when have spyware companies admitted that they are, in fact, making spyware/malware? They never admit it even when their programs are outright hijacking computers.

    • Re:Not Spyware? (Score:5, Insightful)

      by FirstTimeCaller ( 521493 ) on Wednesday February 23, 2005 @02:46PM (#11758435)

      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)

      by GeckoX ( 259575 ) on Wednesday February 23, 2005 @02:54PM (#11758527)
      Why don't we just nip this in the butt now and label them what they actually are then, viruses. And then lets deal with the makers of them as virus writers. They get what they are asking for (not being labelled 'spyware/foistware/malware'), and we get what we need: these pricks fined into oblivion, and/or reamed in a wee private cell.

  • Comment removed (Score:3, Insightful)

    by account_deleted ( 4530225 ) on Wednesday February 23, 2005 @01:38PM (#11757672)
    Comment removed based on user account deletion

  • Yea definitly spyware.... (Score:5, Insightful)

    by LnxAddct ( 679316 ) <sgk25@drexel.edu> on Wednesday February 23, 2005 @01:39PM (#11757675)
    iDownload's [idownload.com] front page claims that they are spyware free. To put things in perpective, spyware is like farting, the first person to deny it usually did it. If you read further down their list, it says "Certified Virus Free". Have you ever seen software have to claim its virus free? And where exactly do you get this certification, and who certifies it? I want to see the certificate. Its their software dammit, of course its virus free (assuming they were a legit company), just like all commercial software from respectable companies should be.
    Regards,
    Steve

  • No need for alarm (Score:5, Informative)

    by delta_avi_delta ( 813412 ) <[moc.liamg] [ta] [yhprum.evad]> on Wednesday February 23, 2005 @01:39PM (#11757677)
    Contradicting the article's claim that the industry isn't standing up to these guys, it's nice to see that CastleCops have themselves retained council, and their rebuttal http://castlecops.com/article-5765-nested-0-0.html [castlecops.com] doesn't pull any punches.
    • That is one thing I have to give lawyers, and the guys over at CastleCops, the tone of that letter was a hell of a lot nicer than anything I could have brought myself to draft. If the internet community at large is calling a company's software spyware, and that company sent me a C&D for calling it spyware, I don't think I could have put together a letter which didn't question the parentage of the people sending it, and threatening them with a counter-suit if they had the audacity to sue me over the bra

  • Re: (Score:2, Insightful)

    by account_deleted ( 4530225 )
    Comment removed based on user account deletion
    • Libel?

      I'm obviously not a lawyer, I'm just guessing. But maybe that's what they're hoping for?

    • Re:What? (Score:2, Informative)

      by theVP ( 835556 )
      its considered defacement. Lavasoft got into it with Gator over this.

    • Re:What? (Score:5, Insightful)

      by rewt66 ( 738525 ) on Wednesday February 23, 2005 @01:54PM (#11757855)
      Who needs a crime?

      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?)
  • Any bored attorneys want to send a cease and desist letter to iDownload in regard to them sending cease and desist letters?

    Of course, it will be meaningless and unenforceable, but no more so than their such letters.
  • I just hope CmdrTaco lets us know when /. gets one of these C&D letters from them, for the posting of this article.

  • Could happen to you... (Score:5, Insightful)

    by clinko ( 232501 ) on Wednesday February 23, 2005 @01:41PM (#11757702) Journal
    It's all how you look at it. They believe they provide a service (although inferior, and with more ads), it is a service.

    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)

      by jest3r ( 458429 ) on Wednesday February 23, 2005 @01:46PM (#11757777)
      The EULA states:

      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)

        by rcamera ( 517595 ) on Wednesday February 23, 2005 @02:36PM (#11758317) Homepage
        i liked this paragraph...

        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?
    • I make a taskbar icon program. 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.)

      Does it change your home page, refuse to uninstall, and demand $39.99 for an uninstaller once installed?

      Probably not. Nobody who thought they were just providing a service would do that....

  • Well duh (Score:3, Insightful)

    by Anita Coney ( 648748 ) on Wednesday February 23, 2005 @01:41PM (#11757703) Homepage
    We value free speech so much in this country we have specific "free speech zones" to practice it. Is it really surprising that we value profit over speech?!

  • Hey, you know something? (Score:5, Interesting)

    by Faust7 ( 314817 ) on Wednesday February 23, 2005 @01:41PM (#11757712) Homepage
    I really hope Microsoft, having recently released that beta of AntiSpyware, gets one of these letters.

    iDownload won't even know what hit them.
    • iDownload won't even know what hit them.

      Surely, they can't be that stupid. Right now, they seem to be targetting the small people who they think they can intimidate. They wouldn't go after companies like Symantec or Microsoft that have money and influence. Either could instigate a BSA raid to determine if iDownload had any illegal copies of software on their machines. Then they would turn over evidence of any other illegal activities to the proper authorities.

    • Re:Hey, you know something? (Score:5, Funny)

      by AceCaseOR ( 594637 ) on Wednesday February 23, 2005 @02:30PM (#11758252) Homepage Journal
      What we need is for IBM to release a Spyware-removal tool. iDownload sues IBM, and then cue "Ride of the Valkaries" as IBM's lawyers enter the courtroom.

  • nice try but .... (Score:2, Informative)

    by hurfy ( 735314 )
    if it walks like a duck and quacks like a duck....

    The write-up says they say they have the right to install 3rd party software anytime after you agreed without further input from you. They may even disable others adware, thus breaking programs that came with those.

    Its a duck

    Now how do you make em stop quacking?
  • The "Common Cold" has sent a cease and desist letter to several manufacturers of "Cold Medications" that classify the "Common Cold" as a sickness...

    Seriously... does this suprise anyone? I'm more suprised Adware/Spyware companies haven't been trying this more the whole time.

    Crooked, deceptive or not... Would you want your software uninstalled by other software that claimed yours was "Bad"?

    That said... we all know iSearch is bad.

  • Counter suits (Score:3, Interesting)

    by Mr. Cancelled ( 572486 ) on Wednesday February 23, 2005 @01:46PM (#11757769)
    The sites being sent these letters should band together and file a counter suit for harrasment. There's clearly enough evidence to support that iSearch/Download are bad juju, and people/sites should not be threatened for making their opinions known.

    MHO, of course...

  • Here's his lawyer's address (Score:3, Informative)

    by Anonymous Coward on Wednesday February 23, 2005 @01:49PM (#11757795)
    Just in case you want to let his lawyer know that his client is in the wrong and that the first amendment is something we hold dear. Here y'all go:

    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

  • isearch, et al (Score:2, Insightful)

    by jskline ( 301574 )
    I have a possible solution to much of this hoopla. Once these parasites are discovered, someone should come up with a utility type of tool that does what the old hosts file thing did a few years back, and route these bastards to /dev/null which can be done even in Windoz! Then all the users can run this tool, and post them into the hosts file, restart the networking, and viola'... the parasite is stopped. Then you can use the standard suite of tools to remove the excess baggage.

    I guess I'm not much surpri

  • From the link (Score:5, Informative)

    by techstar25 ( 556988 ) <.moc.liamg. .ta. .52ratshcet.> on Wednesday February 23, 2005 @01:52PM (#11757830) Journal
    iSearch claims it "displays links to and advertisements of related websites based on the information you view and the websites you visit; store non-personally identifiable statistics of the websites you have visited;"

    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!

  • iCrap (Score:5, Funny)

    by fafaforza ( 248976 ) on Wednesday February 23, 2005 @01:53PM (#11757848)
    Maybe Apple should send them a cease and decist letter for shamelessly copying the i{whatever} naming scheme.
  • Is it at all possible that iDownload could use the DMCA to sue people who make software to remove their spyware?

    And since Microsoft is now touting an anti-spyware product, might iDownload be able to sue?

    I see a business plan that goes:

    1. Make spyware
    2. Get removed by Microsoft
    3. Sue!
    4. Profit

    • Re:The Law of Uninteded Consequences (Score:5, Informative)

      by geoffspear ( 692508 ) * on Wednesday February 23, 2005 @02:22PM (#11758149) Homepage
      Is it at all possible that iDownload could use the DMCA to sue people who make software to remove their spyware?

      No. There's no copyright issue whatsoever.

      They might be able to argue that the spyware removal software is interfering with contracts between them and their users (as I believe some actually have tried to argue), but good luck convincing a court. At best, they could try to sue the people who installed their spyware, agreed to their ridiculous EULA, and then broke the EULA by removing it. I imagine the first person sued under those pretenses would just need to get a single Windows users on the jury, countersue for 1 billion dollars, and seize all of the spyware company's assets.

  • Why do they bother to give their companies names like Claria and iDownload? Why not tell it like it is? iFsckU, iSpyOnU, ShowMeYourData, etc?
  • If it raises my bloodpressure or gives me a case of the popups, it's viral/malware. Distinctions of gray after that point are irrelevant.

  • CEASE AND DESIST (Score:5, Funny)

    by blurryrunner ( 524305 ) on Wednesday February 23, 2005 @01:58PM (#11757902) Homepage
    Dear Sir or Madam:

    This firm represents iDownload.com with respect to your inaccurate classification of iDownload's software product, Search toolbar, by referring to it as Spyware in its description. Specifically, a recent review of materials disseminated by your company, via the Internet, revealed that your company is falsely disparaging iDownload's product, Search, in that Castle Cops f/k/a Computer Cops, L.L.C. classifies the product as Spyware and articulates that,

    * iSearch is certified spyware/foistware, or other malware.

    Castle Cops f/k/a Computer Cops, L.L.C.'s characterization of iSearch as Spyware is damaging to the iDownload brand. As we all know, Spyware is a phrase within the public conscience that has a specific meaning. A classification of Spyware is usually reserved for those programs that not only have the ability to scan an end- user's computer, but also seek to remain unnoticed or hidden, and also seek to gather personal information such as passwords, account numbers, etc. of the end-user. iSearch does not fit this profile.

    iSearch does not qualify as Spyware. iSearch is a toolbar that in no way attempts to remain hidden or evade detection. Continuing, unlike Spyware, iSearch does not gather any personally identifiable information about end users, does not collect data about the user's web usage, does not collect any information entered into web forms, does not share information with third parties, does not send or cause to be sent unsolicted e-mail, and does not install items such as dialers on the end user's computer. Rather, Search will molest your children, burn down your home, and make your PC act like an Apple II. In Soviet Russia, Search searches you.

    We would request that you correct your disseminated materials immediately to remove any reference to iSearch as Spyware, Foistware, or Malware. To the extent you fail to remedy your improper disparagement of the iDownload brand on or before February 15, 2005, we will neuter an EA programmer on the hour, every hour. Should you have any questions regarding the foregoing, please feel free to contact me.

    Best Regards,

    Mark D. Hopkins

  • I mean look at the language used on their site [idownload.com].

    "get paid" and "earn $$$" or "serious cash!"

    Does that sound like a company that's associated with spam or spyware?

  • Letter from God (Score:3, Funny)

    by descil ( 119554 ) <teraten@noSpAm.hotmail.com> on Wednesday February 23, 2005 @02:04PM (#11757963)
    To whom it may concern,

    It has recently come to Our notice that iDownload(hereafter referred to as the 'Bastard') has been sending unsolicited notices to Our Unnamed Constituents(hereafter referred to as the 'heavenly spirit') containing prayers of 'cease and desist'.

    These notices will be ignored by the Heavenly Spirit, who advises the Bastard to cease and desist the machiavellian intimidation techniques currently utilized in both legal and viral implementations. Failure to cease and desist in these actions (including unsolicited advertisement, installation, noncompliant software, and "Bullying") may result in legal action on the part of the Heavenly Spirit.

    Sincerely,
    Us.

  • iSearch and iDownload are wonderful! (Score:4, Funny)

    by 314m678 ( 779815 ) on Wednesday February 23, 2005 @02:05PM (#11757982)
    As an impartial Internet user, I can say that I love iSearch and iDownload. They provide me with a valuable service! In the old days I used to have to decide what products I wanted, but thanks to iSearch products that I might like to purchase are shown to me from the convenience of my home! When Im doing important work online iSearch frequently popups remind me to slow down and take frequent breaks while I look at their advertisements. Thanks entirely to iSearch I have successfully enlarged a part of myself, grown new hair on my head, gotten a new mortgage, helped some poor fellow in Africa get his money back, and, should I ever get a sexy maid, I have a miniature camera in place to spy on her when she has her girlfriends over. Im not sure how I tolerated the internet before iSearch. Why dont you come by our website and give it a try? www.isearch.com/we_are_not_spyware/ha_ha_u_r screwed_now.exe.


    Disclaimer: I am in no way affiliated with iSearch. I do not work here. I mean there. I dont work at iSearch. Promise.

  • It is often said that the pen is mightier than the sword. I suggest combining the court case with testing this hypothesis.


    I suggest giving iDownload a ballpoint, and those they are filing suit against broadswords, longswords and scramasax. The suits should then be combined into a single action, decided by Trial by Combat.


    Survivors are innocent.

  • Holding their feet to the fire (Score:3, Informative)

    by blanktek ( 177640 ) on Wednesday February 23, 2005 @02:12PM (#11758064)
    I am curious who are operating these companies. We need to hold these people accountable. Certainly they don't want there information made public about their product or themselves so it is up to us.

    Searching google lead me to the license http://toolbar.isearch.com/terms.html [isearch.com] which has a real address in nevada. It seems like it is some type of holding company http://www.nvcorpserv.com/ [nvcorpserv.com] because there are other legit looking business with different owners. Some are overseas owners ex. http://www.xericdesign.com/cv.php [xericdesign.com] probably incorporating in Nevada for tax purposes.

    I'm sure with more work we can find the information necessary to expose these people on public forums, more than just exposing the company. We should have names to point fingers at otherwise these people will disappear to reappear under another name. If these people have to face having their actions made public perhaps the second batch will think twice before acting negligent.

  • As a Federal Government IT Manager, I have a problem with software that sits on a machine and collects information. Any application that can track a government employee's use of a workstation falls into the espionage law areas.

    It would be interesting that as a Federal Agency, we deemed these programs malicious software, and seek Federal action against the companies who make these applications with a C&D of our own. Spyware constitutes spying. Without clear permission from the user, we shoud be fighting these companies on our own front.

    Stay tuned. :)
  • Is this something the EFF would consider getting involved in?

  • From: <zcat@wired.net.nz>
    To: <webmaster@isearch.com>
    Subject: Notice in advance;

    iSearch does not knowingly collect personally identifiable
    information from children under the age of thirteen.
    If iSearch becomes aware that it has inadvertently
    received personally identifiable information and/or data
    from a user under the age of thirteen, iSearch will delete
    such past data from its records and will cease to collect
    any new data from that computer, including any non-personally
    iden

  • Spyware Everywhere (Score:2, Informative)

    by Sundroid ( 777083 )
    eWeek.com is reporting that "Dozens of blogs hosted by Google Inc.'s Blogger service can install programs that are widely considered to be spyware and adware onto visitors' computers...In many cases, users are discovering the offending sites as they browse among blogs through Blogger's navigation bar. The offending blogs typically prompt visitors to accept downloads through misleading pop-up windows." Here is the link to the article: http://www.eweek.com/article2/0,1759,1768836,00.as p [eweek.com]
  • He makes IE-SPYAD, and iSearch sent him a letter.

    To put if mildly, fuck them and the horse that rode them in. Their software spies on users, albeit admitting that it does so in the _MASSIVE-ASS_ EULA (if installed through kosher means), and therefore, it's called spyware.

    Now give me my C&D letter.

  • No Mercy for Spyware and Spammers (Score:3, Insightful)

    by CodeBuster ( 516420 ) on Wednesday February 23, 2005 @04:42PM (#11759648)
    Spyware and Spammers are getting exactly what they have coming to them when they get deleted or blocked. If we choose to blacklist them or delete them for abusive behavior on our networks and computers, which are after all our property, then that is our choice and our right. If other people choose to agree with us and honor our blacklist then that is also their choice and their right. If I were one of those anti-spyware authors or spamhaus I would tell the spyware vendors and spammers, none too politely, to take their cease and desist letter and stick it where the sun doesn't shine.

  • use their web site against them (Score:3, Insightful)

    by v1 ( 525388 ) on Wednesday February 23, 2005 @05:51PM (#11760448) Homepage Journal
    According to the removal page (at http://toolbar.isearch.com/uninstall/ [isearch.com]) for iSearch:
    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.
    Unless I'm misreading that, iSearch is claiming that no product CAN remove their software, so their Cease And Decist order to get Ad Aware and soforth to NOT be able to remove their software should, by iSearch's own word, already be fact. You can't enforce a cease and decist order to do something you claim has already been done?

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