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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..."
I, setzman, say that Gator is spyware. btw, First Post!!
C:\>
What if we call it snoopware? shitware? How about "fucks-up-your-computer-and- makes-it-run-slower-ware"?
The theory of relativity doesn't work right in Arkansas.
Gat0r is spyware. Ha ha! Can't get me! Fooled you! Neener neener neener! ... *sigh* it's so lonely in my parent's basement. *sniff*
slashdot: where everyone yells sarcastic metaphors to themselves to understand the issue
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!
Maxim: People cannot follow directions.
Increases in truth directly with the length of time spent explaining them
Also, I hope Gator reads this, so they know how much we hate them. But maybe I should thank them for generating extra business for me to remove their program from clients' computers.
Gator is NOT spyware - to help the slashdot crowd fully understand this important point that Gator is NOT spyware I have created a helpful reminder by way of the Gator is NOT spyware URL which constantly reminds visitors to the Gator website via a reminder message that Gator is NOT spyware.
This is the Gator is NOT spyware URL...
The correct term, according to Gator, is 'adware.'
And hillbillies prefer to be called 'sons of the soil'. But it ain't gonna happen.
In an effort to improve its corporate reputation, adware company Gator has launched a legal offensive to divorce its name from the hated term "spyware"--and so far its strategy is paying off.
Ok - the basis for my opinion:
Gator's lawsuit is based on libel law. For a statement to be libelous, generally, it must meet the following requirements:
Now, defenses to libel include:
- Truth; and
- Opinion.
Allegedly libelous statements are not actionable if they are mere statements of opinion. Statements that cause damage (no matter how much damage!) are not actionable if the statement is true. Now here's the sleazy part: Gator is taking it upon itself to provide a definition of "spyware," claiming its software does not meet that definition, and suing for libel. Implicit in the the claim is that the statement that Gator software is "spyware" is the claim that the label "spyware" is false because it does not meet the definition of the term that Gator provided.Did you catch that? Your statement is false because it does not match the definition of the term that Gator likes. Never mind the possibility that the term was coined by others and may have a meaning that matches what the software actually does. Gator does not like the way a negative term is being applied to its software so it will try to change the definition of the term.
This tactic is often used in advertising. Perfect example is when telephone companies claim their rates are lower than rates of a competitor and in the fine print you find out that their definition of a competitor's rate is the rate that competitor charges at the crack of noon on the highest call volume day of the year to a point exactly opposite you on the planet with the CEO of the company personally connecting the call for you. I know my example exaggerates (maybe not that much!) but what the hell, it's an example.
Whether or not the law warrants this type of suit, I personally think it is a sleazy business tactic to try to improve your company's image by using lawsuits to silence critics. There are laws (anti-SLAPP laws - SLAPP stands for Strategic Litigation Against Public Participation) that are designed to let judges throw out libel suits designed to silence critics.
Last time I checked, the commonly accepted definition of "spyware" fit the Gator program perfectly. I understand it to be software that collects information about you (with or without your permission) in the background. If Gator doesn't like the way it's products are labeled or perceived, I think it should advertise or maybe change its business model, but definitely not sue to silence critics expressing their opinions.
Laws affecting technology will always be bad until enough techies become lawyers.
So for the next couple of weeks, a new Slashdot sig.
This is not my sandwich.
i would venture to say that the steaming pile of horse shit said rose grows in by any other name is still a steaming pile of horse shit
In the beginning was the plan.
And then came the Assumptions.
And the Assumptions were without form.
And the Plan was without substance.
And darkness was upon the face of the Workers.
And they spoke among themselves, saying,
"It is a crock of shit, and it stinketh."
And the Workers went unto their Supervisors and said,
"It is a pail of dung, and none may abide the odor thereof."
And the Supervisors went unto their Managers, saying,
"It is a container of excrement, and it is very strong,
such that none may abide by it."
And the Managers went unto their Directors, saying,
"It is a vessel of fertilizer, and none may abide its strength."
And the Directors spoke amongst themselves, saying one to another,
"It contains that which aids plant growth, and it is very strong."
And the Directors then went unto the Vice-Presidents, saying unto them,
"It promotes growth, and it is very powerful."
And the Vice-Presidents went unto the President, saying unto him,
"This new plan will actively promote the growth and vigor
of the company, with powerful effects."
And the President Looked upon the Plan, and saw that it was good.
And the Plan became Policy.
Dear Gator,
Gator is Spyware, you fuckers. Spyware. Spyware. Spyware.
Please send me a nastygram. My career is stalled, and I could really use the publicity.
Love,
Wil Wheaton
Linux weenie who doesn't even use your crappy SPYware.
PS- It's spyware.
when you realize that you just made fun of Wil Wheaton for claiming to be Wil Wheaton.