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No Honor Among Malware Purveyors

metalion writes "True to the saying 'no honor among thieves,' adware company, Avenue Media, is finding that competing adware company, DirectRevenue, is detecting and deleting their software. Now Avenue Media is crying foul and have filed a lawsuit against DirectRevenue stating that DirectRevenue 'knowingly and with intent to defraud, exceeded its authorized access to users' computers.' DirectRevenue acknowledges that it may uninstall competing applications in its user license agreement. A researcher at Harvard University, Ben Edelman, reasons that 'Once the computer is infected with 10 different unwanted programs, the person is likely to take some action to address the situation.' Just how far will adware companies go to continue to attempt to bombard us with their ads?"

28 of 416 comments (clear)

  1. Too funny by networkBoy · · Score: 5, Insightful

    We all have been complaining about malware for years. . .
    Now they are complaining about themselves.
    When does it stop?
    -nB

    --
    whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
  2. Spyware filing a lawsuit? by CrazyJim1 · · Score: 5, Funny

    Reminds me of the stories of people calling the police because someone stole their weed.

  3. Firmware ADS. by Anonymous Coward · · Score: 5, Interesting

    " Just how far will adware companies go to continue to attempt to bombard us with their ads?""

    When ads are burned into BIOSes.

    1. Re:Firmware ADS. by Computerguy5 · · Score: 5, Informative

      Already been done. IIRC, there was a public outcry and they gave the user an option to disable the 'feature.'

  4. How far will they go? by sczimme · · Score: 4, Funny


    Just how far will adware companies go to continue to attempt to bombard us with their ads?

    A) As far as they think they need to go
    B) As far as they are allowed to go and remain on the right side of the law
    C) As far as they need to go despite the law
    D) All of the above
    E) Profit?
    F) CowboyNeal

    --
    I want to drag this out as long as possible. Bring me my protractor.
  5. a pit by gotem · · Score: 5, Funny

    great idea, put all the malware to fight, and the survivor gets to be deleted by spybot.
    More fun than core wars

  6. fight amongst yourselves by Se7enLC · · Score: 4, Insightful

    Now if only we could make these malware programs only target other malware programs and not the operation of the PC...

    We could have a little battlebots competition! The Amazing Bonzi takes on reigning champion THE GATOR.

  7. Sometimes... by Ev0lution · · Score: 4, Funny
    Now Avenue Media is crying foul and have filed a lawsuit against DirectRevenue

    Sometimes you just wish that both sides can lose...

  8. Familiar... by which+way+is+up · · Score: 4, Funny

    Two programs fighting for dominance on my computer? Brings me back to my AOL on Windows days.

  9. I hope the plaintif prevails by Total_Wimp · · Score: 4, Insightful

    I hope they win the lawsuit. If they were to get the courts to agree that hiding malicious wording in the EULA is fraud then that would be a nice boon to shutting some of these people down.

    In fact, just about any attack on the concept of click-through EULAs is pretty good in my book. Scream "contract!" all you want, they're bad for me personally and bad for the industry. Consent and informed consent are two different things and it appears the industry has completely abandonded any pretext of the latter.

    TW

    1. Re:I hope the plaintif prevails by Rich0 · · Score: 4, Interesting

      I think the reason that EULAs get away with that nonsense is that people are used to just clicking on them and the general impression is that they aren't terribly legally binding.

      Imagine that whenever you went to the grocery store you were handed a 12 page contract at the checkouts - every time. Imagine that you had to sign a 27 page document every time you bought gas. Imagine having your babysitter and yourself exchange 107 page contracts every time you went out to dinner.

      Contracts are great for their intended purpose - outlining rights and responsiblities in major transactions (your house, your car). They work best when you're talking about tangible things, or clearly defined services. Things are already getting murky when you start talking employment contracts and non-disclosure agreements. The standard we-can-kill-your-entire-family-and-you-can't-sue-u s things you get at the ski slopes are highly questionable.

      What is the point in having all these one-sided contracts for every possible action under the sun?

      Perhaps there should be a law that all contracts are reviewed for fairness by a state attourney. There would be a fee of about $100 for every contract that is executed - this can be split by the parties however they feel is fair. Something like this wouldn't be a big deal for a house sale (gosh, most areas charge 1% plus a bundle of other fees). On the other hand, if MS had to send the state $100 for every windows installation, they'd think twice about those contracts. Ditto for the million other documents that serve no purpose.

      Standard forms of business that have standard disclaimers should be covered by state law - such as a law stating what ski-lift operators are and are not responsible for. If they want to use a non-standard set of disclaimers, fine, but fork over $100 per customer. The state bears all the litigation costs when the contract is disputed - this lets them approve the contract before there is anything to argue over.

      I wonder if a concept like this could actually work?

    2. Re:I hope the plaintif prevails by MrResistor · · Score: 4, Interesting

      The EULA is pivotal. Because of their EULA Direct Revenue can say they removed AvenueMedia's software with the users consent. For AvenueMedia to have a leg to stand on, they first have to prove that click-through EULAs aren't valid. Otherwise, Direct Revenue has a strong arguement that their software is just doing what the user told it to.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
  10. Mr. Kettle's comments upon Mr. Pot's reflectivitiy by wowbagger · · Score: 5, Funny
    ...knowingly and with intent to defraud, exceeded its authorized access to users' computers.

    Mr. Kettle, a question upon your comments about Mr. Pot's absense of reflectivity to EM radiation between 680nm and 430nm....

    Really, doesn't ALL adware exceed authorize access to user's computers?

  11. Not so great... by Ayaress · · Score: 4, Funny

    I'd like nothing better than to see two spyware companies destroy one another in a glorious battle to the death, but I'd much rather they NOT do it on MY harddrive.

  12. Exceeded its authorized access? by ClubStew · · Score: 4, Insightful
    exceeded its authorized access to users' computers

    And is my mom and other not-so-savvy users granting said authority in the first place? This suit seems riddled with assumptions that it was legal in the first place to install such software.

    And since when has malware displayed any EULA - or any UI, for that matter?

  13. Playing CoreWars the Internet... by mikael · · Score: 4, Insightful

    I wondered how long we would have to wait for this to happen. I always imagined it would be university students or black-hats. I never imagined it would be spammers/spyware authors trying to kill each other's programs.

    --
    Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
  14. After removing competitors, DR transmits ... by bedelman · · Score: 5, Informative

    Perhaps also of interest:

    After DirectRevenue removes competitors' programs from users' disks, it also transmits extensive information about users' computers. Among the information: MAC address, Windows Product ID, all running tasks, and registry entrise for certain additional competitors (Gator, 180solutions) and removal programs (Ad-Aware, PestPatrol) if installed.

  15. Re:If they succed . . . by GauteL · · Score: 4, Insightful

    Nothing. Ad-Aware's advertised main function is to remove adware.

    This lawsuit is about some adware going outside the boundaries of their advertised function, and removing other adware and only telling the users by the fine print of the EULA.

  16. Re:Well... by vettemph · · Score: 4, Insightful
    Maybe then people will take some action against these bullshit programs.

    We have, It's called Linux.

    Mozilla is the key along with a system that is better suited to internet attachment.

    --
    The government which is strong enough to protect you from everything is strong enough to take everything from you.
  17. Cool! by MillionthMonkey · · Score: 5, Funny
    We may be witnessing the establishment of an entirely new biome with its own form of species and evolution.

    What spyware writers need to do now is add the following features to their code:
    • Random mutations
    • Breeding and crossover with other spyware programs so that chunks of similar malicious code are exchanged
    • A fitness evaluation function
    The fitness evaluation should take into account:
    • A penalty for network infrastructure damage
    • Number of competing spyware programs "eaten" by an individual
    • Number of idiots knocked off the Internet
  18. I don't expect this kind of... by bob670 · · Score: 5, Interesting
    thing to be an easy answer to home users, but someone has to explain to me why corporate customers continue to tolerate this stuff that is directly targeted at Windows weak spots? It would be tough, and damn unlikely to get mom, pop and granny off of their Windows XP machines, but I have several customers who spend all day in Office, e-mail and the web for all of their business and I make a steady buck doing spyware removal. And they dont' want to talk prevention, every meeting ends with "well, we just won't allow employees to install things like this any longer" and 2 months later I get a call to come back.

    Barring use of some Windows based Spyware prevention tools (most of which aren't free for corporate use), mirgating to some combination of Mac OS X and Linux would end virtually all of this and then I could charge them for stuff like implementing cool new tools for them to use instead of upkeep of a broken system. Of course, these are the same customers who won't try FireFox because it "just doesn't feel right"???

    I'm truly torn between my ethics and the need to keep up my income in a crap economy.

  19. Advertisers in general are going insane by wowbagger · · Score: 5, Insightful
    I'd submitted this gem to /., but they obviously felt it wasn't news.

    A lady in El Paso gets a telemarketing call. She says no, repeatedly. Telemarketer ignores her, repeatedly. She hangs up, forcefully.

    She later gets a letter saying:

    Jill Beyer,

    Before you are rude to another telemarketer, you should keep in mind that he or she has your phone number and your address.

    Many of them live in your own state and most don't give a (expletive)!

    So, Ms. Beyer, the next time a telemarketer calls and you don't want to be bothered, a simple "not interested" will do.

    Your son or daughter or next-door neighbor's daughter could very well be a telemarketer. A handicapped, wheelchair-bound person could be a telemarketer. A biker or ex-con is more likely to be a telemarketer. You really, really shouldn't (expletive) with them!

    As they say in the telemarketing industry, "Have a good day Ms. Beyer!"


    So, we have:
    • Television stations prohibiting us from recording shows (via the broadcast bit)
    • TV execs saying "skipping commercials is theft"
    • Telemarketers threatening those who will not listen to their pitches.
    • Adware companies fighting over who can infest your computer.
    • Drive-by installs of adware


    OK, I move that we commit all advertisers to institutions for the criminally insane, right now.

    Any seconds?
  20. Re:Now here's an idea by kahei · · Score: 4, Funny


    Wait, I have a better idea... don't do that first bit and go straight to shooting the bastards!

    --
    Whence? Hence. Whither? Thither.
  21. Re:When it will stop. by Anonymous Coward · · Score: 5, Informative
    A RL parasite is benign to the host.

    Not quite. A parasite, by definiton, is an organism that harms its host. According to something I read a long time ago, there are three types of cohabitating organisms. A parasite harms its host, a symbiont benefits its host, and a commensal neither harms nor helps its host. It's the last one you were thinking of.

  22. Re:When it will stop. by Bertie · · Score: 4, Insightful

    Not benign - there's nothing much benign about malaria, for instance. It's not about not affecting your host, it's about not killing it, and that's true of malware as much as it is of a biological parasite.

  23. Why, what's wrong with ads? by RealProgrammer · · Score: 4, Interesting

    In about 1995 I worked for a telemarketer. Yeah, I know. Anyway, I sat in a meeting once with some people from a trendy ad agency. They said one of the best ways to market things on the Internet was to visit newsgroups and message boards (what we now call blogs), and ask a question as one user, then provide the answer as another. The answer, of course, would advertize Our Fine Product.

    I told them that was lying, and that it was wrong. They looked at me blankly. I may as well have been speaking Latin. I then explained a bit about Internete culture, and the negative feedback of spamming newsgroups. That, they could comprehend, but they didn't think I knew what I was talking about. Their model worked - and it wasn't lying, it was just business.

    The mindset of people who spam, sell banner ads, use covert marketing, and advertize on Channel One is (to overgeneralize): whatever it takes to make money.

    It doesn't matter what is "right" or "wrong" - rightness and wrongness are a matter of degree, and that degree is measured by a cost-benefit equation. If the

    (likely revenue) > X% + sum of (potential costs * likelihood of each)

    that's good and "right", otherwise it's bad and "wrong". 'X' represents the amount of margin you could make off some other investment.

    The thing that distinguishes telemarketers and spammers is that negative feedback from non-customers doesn't bother them.

    --
    sigs, as if you care.
  24. I don't know about the rest of you.. by TiggertheMad · · Score: 4, Funny

    ...but this just made my christmas! Since Santa seems to think I have been a good boy, I have a few more things to ask for...

    1) A video tape of rival gangs of spammers getting in knife fights over ISP bandwith 'turf'.

    2) Microsoft's Yakuzza getting irritated with SCO's failures to bring down Linux, and doing drive-bys shootings to the board menbers.

    3) George Bush Jr. getting in a sissy slap-fight with John Ashcroft over the pronunciation of the word 'Nucular'.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
  25. Actually, this brings to light a larger question.. by Ratphace · · Score: 4, Insightful


    ...and that question is just how binding is a company allowed to make its EULA?

    I think all the EULA's are out of control as to how much control and ownership these companies have over your PC and what right's we as owners of the PC should have reserved.

    I keep hoping someday, someone, somewhere will really bring all these EULA's that we are all subjected to each and everytime we install something, under a microscope and start really questioning the legality of said EULA's.

    Just my 2 cents...