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..."

Comments

Gator = Spyware

[citizenc]

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

QED.

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: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!

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. 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

[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.