PC Pitstop Continues Anti-Spyware Campaign

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."

Comments

PC Pitstop

[rmohr02]

Also see PC Pitstop's website.

Not Spyware? Fine

[wowbagger]

OK, so Gator is saying:

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

[mopslik]

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 software installed without their knowledge/permission, rather than "prove" some users consented.

Having said that, I second the recommendation for a "tattleware" label.

Re:Not Spyware? Fine

[bitty]

But it is GATOR that is suing, claiming not to be spyware - thus they ARE the plaintif (civil case, not criminal, therefor plaintif, not prosecution)

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

[meta-monkey]

I'm curious where they got this definition of "spyware." I had always thought that spyware was software that monitored what you do on your computer, and then reported that to other people. Sometimes, spyware is installed with consent. Sometimes, spyware is installed without consent. Either way, it's still spyware.

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 if it's consenusal. I call shennanigans.

RTF Site

[kawika]

If you go look at their Gator info the word "spyware" is nowhere to be found. However, there is a lot of interesting factual information about Gator's questionable way of doing business. Notice their survey of users who had Gator; more than 70 percent didn't know it was installed. Yet Gator claims they can do what they want on systems because users accepted their license?

Gator and Overture linked

[Artifex]

The most interesting part of the pitstop website is the finding that Gator and Overture are linked. A lot of companies that would never knowingly do business with Gator no doubt have acocunts with Overture.

Overture needs to be called to task for this relationship.

Optimal solution

[pla]

Gator/Claria doesn't like us calling it spyware?

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...