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iDownload Tries to Silence Spyware Critics

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."

446 comments

  1. Packets by BoldAC · · Score: 5, Interesting

    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.

    1. Re:Packets by ackthpt · · Score: 5, Insightful
      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.

      --

      A feeling of having made the same mistake before: Deja Foobar
    2. Re:Packets by Anonymous Coward · · Score: 0

      So have I, in fact the site is explicitly blocked on my firewall.

      What a crock!

    3. Re:Packets by Anonymous Coward · · Score: 0

      What about this one?

      ftp://mooseheadloosemoose.no-ip.com/

    4. Re:Packets by DJStealth · · Score: 1, Interesting

      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?

    5. Re:Packets by harrkev · · Score: 4, Informative

      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.

      --
      "-1 Troll" is the apparently the same as "-1 I disagree with you."
    6. Re:Packets by That's+Unpossible! · · Score: 4, Funny

      Remember, the court appoints you an attorney for free ONLY in criminal matters. In civil court, you are on your own.

      Simple solution. Kill the CEO of the company suing you.*

      *I'm joking, please don't sue me... or I'll kill your CEO.

      --
      Ironically, the word ironically is often used incorrectly.
    7. Re:Packets by Golias · · Score: 1

      You do realize that Vice Presidents everywhere now know they can have their CEO killed simply by suing you, saving the trouble of a boardroom coup.

      --

      Information wants to be anthropomorphized.

    8. Re:Packets by PopeAlien · · Score: 1

      And it works like a charm! now no one will ever associate iDownload with SPAM. The secret is safe! problem solved!

    9. Re:Packets by slashrogue · · Score: 1

      How could it be? Unless there's some sort of NDA involved. See the Infinium Labs vs. HardOCP thing. (Too lazy to link.)

    10. Re:Packets by Zeinfeld · · Score: 1
      Is there any legal problem with stating something bad that is true about a company?

      Plenty, its called a vexatious lawsuit.

      Best approach is to report iDownload to Elliot Spitzer or the FTC who are in the habbit of taking these very seriously. They are already prosecuting one guy for running a similar scam.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    11. Re:Packets by TrueBuckeye · · Score: 3, Insightful

      How can it be? You can sue anyone for anything these days. All it costs is your soul.

      It is a bully tactic...they are betting that the small anti-spyware sites don't have the cash flow to afford the inevitable legal fees. Fortunately, Kyle at [H]ard|OCP was willing to spend a quarter of a million dollars defending his right to have an opinion.

      --
      Was that night on the marge of Lake LaBarge I cremated Sam McGee...
    12. Re:Packets by segoy · · Score: 5, Insightful

      Since they object to Spyware, Malwaire, and Foistware, can we call them, instead...

      Suck-AssWare?

    13. Re:Packets by Jason+Ford · · Score: 1

      Do you remember Oprah being sued under the Food Disparagement Laws?

      ---

      "The Oprah victory," said Collins, "was based on very narrow statutory grounds. And while it was an important win, it was a costly one, which would have bankrupted most other defendants. That is why these laws need to be repealed or struck down -- because they punish the innocent for exercising their First Amendment rights."

      --
      I did not become a vegetarian for my health, I did it for the health of the chickens. --Isaac Bashevis Singer
    14. Re:Packets by JaZz0r · · Score: 0

      Upon asking their live support why their product sends tracking information to other sites, I received this response:

      iDownload Tech (Mark): Is this in regards to iSearch?
      Me: Yes
      iDownload Tech (Mark): iSearch is its own independant company that markets many affiliate programs. I believe they have removal instructions and an automatic removal tool on their FAQ page at isearch.com. You can also use this link: http://toolbar.isearch.com/uninstall/ I don't know any other info about their company or software.
      [Conversation terminated by Operator.]

      --
      "Careful! We don't want to learn from this!" -Calvin & Hobbes
    15. Re:Packets by macdaddy357 · · Score: 0

      Don't stop at the CEO, kill all the executives, and, of course, their lawyers. I don't reccomend any quick and painless methods. Drawing and quartering, breaking on the wheel, or better yet crucifiction would be effective ways of dealing with these manaces to society. Nail 'em up I say! Nail some sense into them!

      --
      How ya like dat?
    16. Re:Packets by Anonymous Coward · · Score: 0

      u americans know their adress. so what's the problem? just burn them.

    17. Re:Packets by SacredNaCl · · Score: 1

      iDownload Tech (Mark): iSearch is its own independant company that markets many affiliate programs. I believe they have removal instructions and an automatic removal tool on their FAQ page at isearch.com. You can also use this link: http://toolbar.isearch.com/uninstall/ I don't know any other info about their company or software.

      Considering they have links to Isearch's toolbar affiliate program on their site http://affiliate.idownload.com/external.php?page=s ites&ref=
      I highly doubt the verity of that.

      --
      Freedom is merely privilege extended unless enjoyed by one and all.
    18. Re:Packets by pete6677 · · Score: 1

      In states that have laws against SLAPP (Strategic Lawsuits Against Public Participation), the defendant has more protections than in non-SLAPP states. For one thing, collecting punitive damages from plantiffs found by the court to be engaging in this type of behavior is easier. Lawsuits and legal threats like this are certainly not a new thing; companies building a power plant, steel mill, etc. have used them for years to silence community opposition. Maybe if the penalties were severe enough, it would actually discourage companies from doing it, especially for scummy spyware companies that don't exactly have huge revenues to begin with.

    19. Re:Packets by SlayerofGods · · Score: 1

      It's kind of funny (sad really) when I first read the title I (naively) thought oh they must be cleaning up their software....
      Of course then I was hit with reality :(

      --

      Technology, the cause of and solution to all of life's problems.
    20. Re:Packets by Anonymous Coward · · Score: 1, Funny

      ...you can loose in court...

      As opposed to tighten in court?

    21. Re:Packets by Supernoma · · Score: 1

      What is this ftp?

      --
      I'll Find You Peer, If It's The Last Thing I Do!!!!
    22. Re:Packets by ssimontis · · Score: 1

      Wouldn't it be freedom of speech if I were to say product X is spyware? Microsoft likes to call Linux insecure, and while it does make many /.ers angry, we don't sue Microsoft.

      --
      Scott Simontis
    23. Re:Packets by Mattintosh · · Score: 1

      I'm no lawyer (but on /. who is?), but I'd assume your first order of business on notification that you're being sued is a motion to dismiss. I'm sure even a halfway competent lawyer could get you one ready to go in a matter of hours for a relatively small fee (a few hundred dollars). If the court goes for it, the people suing you are fucked, and may additionally be told to "get bent". This process may have to be repeated a few times (in appeals), but each time, the case precedent is on your side. It's certainly better than losing your ass in a court battle, and probably better than getting shafted in a settlement.

    24. Re:Packets by Anonymous Coward · · Score: 0

      As my boss says, "Hit men are cheaper than lawyers."

    25. Re:Packets by RecycledElectrons · · Score: 1

      Simple solution. Kill the CEO of the company suing you.

      I AGREE, but I don't have time to talk about it...I've got to go clean my guns now.

      Where's that WHOIS program again?

      Andy Out!

    26. Re:Packets by Anonymous Coward · · Score: 0
      If you define "problem" to mean that you can loose in court, then I suspect that you would be OK.

      I would define the inability to spell the word "lose" correctly as a "problem".

    27. Re:Packets by Anonymous Coward · · Score: 0

      The only way to "loose" in court is if you're a $5.00 crack whore trying to make a deal with the judge. Either wise, it's "lose".

    28. Re:Packets by Anonymous Coward · · Score: 0

      That was my thought exactly, but that's illegal. There ought to be some legal method to put them out of business.

    29. Re:Packets by JuggleGeek · · Score: 1
      Is there any legal problem with stating something bad that is true about a company?

      None at all - unless you count the money and time you'll spend defending yourself if they sue.

      I have a webpage at http://www.whitis.com/mailwiper.htm about MailWiper, who were selling supposed anti-spam software and advertising by sending spam. They then moved into the spyware business, loading spyware onto machines, and selling SpyWiper, a tool purported to get rid of spyware. They've since been tied to Spamford Wallace, and driven out of business by the FTC who filed charges on them.

      They sent me a cease and desist. And one to my upstream, and one to *his* upstream. I took the page offline for a few weeks while I sorted it out, then put it back up.

      There is no possible way they could win a lawsuit - but if they filed it, I'd have no choice but to defend. And that takes time and money.

      All of this is from a US perspective. I've heard that in Europe, truth is *not* a defense, but I can't say for sure.

    30. Re:Packets by Anonymous Coward · · Score: 0

      you can loose in court

      "lose".

    31. Re:Packets by Muchsake · · Score: 1

      Better than that if you can find someone from the U.K. that they have infected you can call them criminal scum. Our computer misuse act makes it a crime to install or change software on a person's computer without their consent.

    32. Re:Packets by Anonymous Coward · · Score: 0

      has anyone ever put together a class action suit against known spammers? since i pay for email service, sending me unwanted unsolicited commercial email constitutes abuse of my paid for service.

      separate suits should be filed for each different piece of UCE from each spammer. i want $1 from each spammer for each individual message. i keep a list and construct filters for commercial concerns who i allow to send me email, so separating the legitimate email from the spam is a matter of record.

      ..and forget government fines. the government doesn't suffer through hundreds of v1@gRa ads each week. i want a check for damages.
      </rant>

  2. Doesn't matter by akac · · Score: 5, Insightful

    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.

    1. Re:Doesn't matter by lukewarmfusion · · Score: 5, Insightful

      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.

    2. Re:Doesn't matter by iluvcapra · · Score: 2, Interesting
      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.

      --
      Don't blame me, I voted for Baltar.
    3. Re:Doesn't matter by twiddlingbits · · Score: 4, Insightful

      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.

    4. Re:Doesn't matter by kramerino · · Score: 1

      Wouldn't the people claiming software to be spyware have the burden of proving this to be true?

    5. Re:Doesn't matter by Anonymous Coward · · Score: 1, Informative
      Wouldn't the people claiming software to be spyware have the burden of proving this to be true?

      That depends. Are you talking about the spyware laws or the article the rest of us are talking about? It's all depends on who is the defendant and if it's a civil or criminal case.

    6. Re:Doesn't matter by Kashif+Shaikh · · Score: 4, Interesting
      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

    7. Re:Doesn't matter by Anonymous Coward · · Score: 0
      iDownload, has been sending out cease and desist letters to sites that classify their iSearch toolbar as Spyware.

      Why does this remind me of $cientology? </ponder>

    8. Re:Doesn't matter by 91degrees · · Score: 2, Insightful

      If I understand the US libel laws, then no.

      It is up to the compay to prove that the claims are false, and also that the claims are not opinion. If they prove this then they then must prove that they have been harmed.

    9. Re:Doesn't matter by kjs3 · · Score: 2, Insightful
      You still have to bear the cost to litigate, which can be very, very expensive (even before you get to court). Even if the court awards you court costs, you can be out that money a long time. The small guys might not be able to shoulder the burden.

      Thus, it Does Matter.

    10. Re:Doesn't matter by stonedonkey · · Score: 1

      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.

      From what I understand, you not only have to prove that the claim is false, but also prove that the claim has caused loss of reputation for it to be classified as libel. (Slander only covers oral claims, while libel covers written claims.) A claim of defamation has to prove malice or be proved false, but still has to prove loss of reputation.

      This whole system acts as a kind of corollary to the First Amendment, allowing a free press to make "watchdog" claims without fear of being unfairly litigated. In theory, at least.

    11. Re:Doesn't matter by pla · · Score: 1

      A claim of defamation has to prove malice or be proved false, but still has to prove loss of reputation.

      That one seems fairly easy to win. Prove malice and loss of reputation? No autoGodwin intended here, but this strikes me as similar to identifying someone as a former high-ranking Nazi living in Israel.

      When a company makes spyware, of course we feel malice toward them! Personally, I would like nothing short of their total dissolution, with the entire executive board drawn and quartered. And outing them as such, particularly when true, basically destroys their reputation so badly that they need to vanish and reappear as a new company (as happened with Gator/Claria).

      Do I consider this right? You can probably tell from my general tone that I do not... Parasitic companies should have no legal recourse when someone correctly names them as scum. But most people don't have deep enough pockets to fight back.

    12. Re:Doesn't matter by Anonymous Coward · · Score: 0

      In a way, claiming something is spyware shows intent. Your intent is to make sure noone downloads that shit anymore and make sure their advertising revenue dries up.

      'Intent' is a very fluid term.

      I want all spyware to be magically deleted from all computers, I want all spyware authors to be publically named, tarred and feathered, and I want all advertisers who pay for spyware delivered ads to have their assets siezed and the money paid to poor saps like me who have to scrub another computer clean each week.

      Oh, and whoever founded these spyware-based companies, the executives should be shot, the venture capitalists should be flogged ..

      God I'm bitter.

      And run on sentences are fun..

    13. Re:Doesn't matter by Potatomasher · · Score: 1

      The problem is that cease & decist letters coming from companies can scare individuals into complying, even if the letter didn't have any merit in the firstplace. If these cases end up being thrown out of court, does anyone know if you have the grounds for counter-suing the company for harassment (or something similar) ?

      There is a real problem in our judicial system today, where companies can get away with things like that. Canada is actually trying to remedy that situation right now, by ensuring that anyone in Canada has access to free legal counsel. Hopefully this will help with situtations like this.

      --
      A million monkeys and this is the best sig they could come up with...
    14. Re:Doesn't matter by Anonymous Coward · · Score: 2, Insightful
      That's the big problem as I see it, defining spyware. Most definitions I've seen on the internet when the problem was starting differentiated between "spyware" and "adware" in the fact that spyware would check on which sites you surfed and then reported the results back home so they could tailor the ads to your surfing habits.

      Since then spyware became much more of a problem, using exploits and the like to install themselves without user intervention, and people started to associate spyware with anything that was "evil" and adware as "not too bad", but spyware companies have been using the old definition to defend themselves (hey, it's not spyware because it doesn't send the reports back!!!).

      Maybe we just need a new word to call them (evilware?).. :)

    15. Re:Doesn't matter by LocoMan · · Score: 1

      That was me, BTW, accidentally clicked on "Post Anonymously" when I was going to click on "Preview"... :o

    16. Re:Doesn't matter by drakethegreat · · Score: 1

      I'm confused. So does this mean that anyone who insults another company's product is liable to be sued? Can Microsoft sue people because they call Windows bloated or insecure and Microsoft doesn't think thats the case? I'm failing to see the difference here or the argument that iDownload is trying to make. Even if their product is legitimate what kind of laws are these websties breaking? Enlighten me someone if you know more about this sort of thing.

    17. Re:Doesn't matter by PitaBred · · Score: 1

      Wouldn't that disclaimer be in fact asking permission, though?

    18. Re:Doesn't matter by LurkerXXX · · Score: 1

      You can sue anyone you want for whatever reason you want. That doesn't mean you will win.

    19. Re:Doesn't matter by Anonymous Coward · · Score: 0

      Bah, it has to be a painful death, otherwise it will scare no-one.

    20. Re:Doesn't matter by Anonymous Coward · · Score: 0

      All businesses are parasitic. The number one method of making money is to externalize your costs. Why Have to deal with toxic wastes if you can dump it in the river? Why have to pay extra network engineers to properly manage your network and control bogus traffic when you can just let the DDOS be somebody else's problem. Why pay insurance benefits when you can just hire illegal immigrants?

      (* No, not all businesses are parasitic, but most are.)

    21. Re:Doesn't matter by SoSueMe · · Score: 1

      That's two references to "drawn and quartered". Doesn't anyone believe in a good old-fashioned public stoning anymore?

    22. Re:Doesn't matter by hawk · · Score: 1

      assuming that your "friend" wasn't working for lawyers who actually sent the lettes, each and every one of those letters (if as you described them) constituted the unauthorised practice of law.

      This would be grounds to not admit a candidate to the bar, and, depending upon state, the failure to disclose this in the application to the bar could be grounds for disbarrment.

      haw,, esq.

    23. Re:Doesn't matter by SoSueMe · · Score: 1

      Read any good EULAs lately?
      They now seem to contain a clause which prohibits posting reviews, opinions or other information of the software without the consent of the author/publisher of said software

    24. Re:Doesn't matter by kismet666 · · Score: 1

      Isearch started using kernal-mode drivers (delprot.sys) to hide their wares from adware and spyware removal tools. If their business model were legitimate they wouldn't need to incorporate a rootkit into their crap.

    25. Re:Doesn't matter by Anonymous Coward · · Score: 0
      It helps to hire an lawyer like,
      Mark D. Hopkins (Partner) born Houston, Texas, 1969; admitted to bar, 1995, Texas; 1996, U.S. District Court, Southern District of Texas; 1998, U.S. District Court, Eastern District of Texas. Education: University of Texas at Austin (B.A., with honors, 1992; J.D., 1995). Practice Areas: Products Liability; Nursing Home Liability; Business Litigation; Tax Litigation.

      drop him a line at:
      Savrick, Schumann, Johnson, McGarr, Kaminski & Shirley
      4330 South Mopac, Suite 150
      Austin, Texas 78735
      (Travis & Williamson Cos.)

      Telephone: 512-347-1604
      Dallas: 214-800-2898
      Fax: 512-347-1676

      maybe he could use the work
    26. Re:Doesn't matter by CodeBuster · · Score: 1

      If the other side is being a blowhard most judges will issue a summary judgement in your favor and dismiss the case with prejudice (nobody likes an a-hole litigator). People and companies that waste the courts time are not popular with judges, clerks, and other court workers.

    27. Re:Doesn't matter by CodeBuster · · Score: 1

      you forgot about the Gulag...

    28. Re:Doesn't matter by Anonymous Coward · · Score: 0

      Unauthorised practice of law ? I'm going to sue the rat who phoned the police on me for it.

      Pointing out what law somebody is breaking and threatening further action if they don't stop is not illegal.

    29. Re:Doesn't matter by Nefarious+Wheel · · Score: 1

      Check your history -- medieval history. Drawn and quartered was much worse than being stoned to death. Particularly the "drawn" part, which involved hooks.

      --
      Do not mock my vision of impractical footwear
    30. Re:Doesn't matter by Kashif+Shaikh · · Score: 1

      Yes, it is asking for permission. Also making it clear to the user what the software is and that it is _not_ spyware(when in fact it is adware). This protects the anti-spyware authors ass from litigation, but also allowing user to delete based on information available about program.

      So in a nutshell anti-spyware should rename themselves to "RemoveCrap Now! 2.0"

      Kashif

    31. Re:Doesn't matter by lukewarmfusion · · Score: 1

      Sort of. It's really just a matter of libel - you can't just say whatever you want about someone. If Microsoft could prove that Windows was 100% secure (it's obviously not, but it's also not a realistic goal) then they might bring a libel suit against someone that claimed there were security holes.

      In some states, it's illegal to make false accusations for certain crimes - rape, for instance. The accusation alone is so damaging to reputation and livelihood that the state recognizes it to be a crime in and of itself.

      If you wrongly claim that Slashdot installs Spyware, they might sue you for libel. I think they have to prove malicious intent, btw.

      IANAL, but I did do quite a bit of research on this topic a while back.

    32. Re:Doesn't matter by drakethegreat · · Score: 1

      Ya that clears a lot of it up. I can actually see the side of this company because it damages their reputation beyond repair if they are linked to spyware. The thing that puts it up in the air is if one of those products is spyware then its no longer false and its the TRUTH and therefore they lose all legal backing. This is what I'm getting from it. My guess is that it probably is spyware if a bunch of security websites are claiming it is. It will make for interesting battles and it would seem this company is in self denial (at least with what they display publically).

    33. Re:Doesn't matter by JuggleGeek · · Score: 1

      Your friend is a slimeball. He was breaking the law in order to make a few bucks.

    34. Re:Doesn't matter by kevingolding2001 · · Score: 2, Funny

      Which means he ought to fit right in with all the other lawyers.

    35. Re:Doesn't matter by pla · · Score: 1

      That's two references to "drawn and quartered". Doesn't anyone believe in a good old-fashioned public stoning anymore?

      Actually, I'd prefer to give them a proper keel-hauling or two. But "drawn and quartered" has a much more... "Elegant" sound to it. Keel-hauling happens to drunk sailors, while even deposed nobles get drawn and quartered...

    36. Re:Doesn't matter by pla · · Score: 1

      No, not all businesses are parasitic, but most are.

      I disagree... An increasing number of businesses appear parasitic, just shuffling things around (in this case, personal data) and skimming off the top. But these must occupy the minority of businesses, or the entire economy would collapse (someone has to actually produce something).

      Personally, I work in IT at a non-parasitic company. We manufacture real, physical products that people buy. We properly recycle (or dispose of, when we can't recycle) our waste, we have good relations with the community, and people feel happy about trading their green paper for our products. Even a company like Walmart does something (I would consider them more of a cancer than a parasite - They grow faster than nearby competition, eventually choking out the "healthy" businessses).

      But companies like iDownload? They do absolutely nothing but leech of otherwise "healthy" people and organizations. Almost a plant/aphid/ant relationship... With we mere humans at the bottom of that food-chain.

    37. Re:Doesn't matter by lukewarmfusion · · Score: 1

      Exactly. If their product is spyware, then they can't exactly win a libel suit. My original point was sort of that the "is/is not" determination might be done in court. A legal precedent of "this is what makes something spyware" could be good or bad for users.

      I think it boils down to "we prefer the term 'Non-Optional Information Mining and Advertising Software'"

      They don't want to be labeled Spyware because "Spyware" sounds bad. (Probably because it is.)

  3. Hardly surprising by null+etc. · · Score: 3, Funny

    Since when have spyware companies followed ethical practices?

    1. Re:Hardly surprising by nuclear305 · · Score: 2, Interesting

      "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...

    2. Re:Hardly surprising by modecx · · Score: 1

      That's kind of like saying that a prostitute will do whatever makes her a profit... Including working at a hamburger stand on slow days. A whore's a whore--unless she becomes a nun or something.

      --
      Constitutional rights may be respected, repealed, or modified; but they must never be ignored.
  4. In the other news by Anonymous Coward · · Score: 0

    iDownload Tries to Silence /.

  5. Not Spyware? by dbleoslow · · Score: 5, Funny

    from TFA, Not only can't the products be called "Spyware", they can't be called "Foistware" or "Malware" either.

    I deem thee, "Assware"

    1. Re:Not Spyware? by Nichotin · · Score: 2, Interesting

      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.

    2. Re:Not Spyware? by Anonymous Coward · · Score: 0

      Scumware is more appropriate.
      Scum the refuse and flotasm which manifests itself by a dirty brown, smelly, flotasm usually in backwaters or whirlpools.

    3. Re:Not Spyware? by Anonymous Coward · · Score: 1, Funny

      Isn't assware underwear? If it was for porn, we could call it panties, thong, or possibly G-string. Then it wouldn't seem so bad...

    4. Re:Not Spyware? by Anonymous Coward · · Score: 2, Funny

      Careful, Fruit of the Loom will have you for trademark infringement.

    5. Re:Not Spyware? by FirstTimeCaller · · Score: 4, Insightful

      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. Do not taunt Happy Fun Ball!).

      --
      Wanted: witty unique signature. Must be willing to relocate.
    6. Re:Not Spyware? by SatanMat · · Score: 2, Insightful

      iSearch and/or the Software may, ... remove, disable or render inoperative other adware programs resident on your computer,

      ... So if I am reading this correctly they DO admit to being adware...

      ya know, I think you're right... I like the term assware

    7. Re:Not Spyware? by GeckoX · · Score: 3, Insightful

      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.

      --
      No Comment.
    8. Re:Not Spyware? by The+Man · · Score: 1
      I think that any software that resists removal by the end user should be outlawed.

      You mean like Internet Explorer? The EU at least agreed in the case of Windows Media Player, but the US courts sort-of-agreed about IE and then showed that they don't really care by doing nothing about it. If you want to argue this, you have to account for IE somehow. Would it be banned too? What about antivirus programs? Should they be allowed to prevent user-initiated trojans from uninstalling them? What, exactly, constitutes permission from the user to remove something (or to install it, for that matter)? How can you be sure this permission wasn't forged by some other piece of malware?

    9. Re:Not Spyware? by FirstTimeCaller · · Score: 1

      While I agree with the courts decision regarding IE, I wouldn't put it into the same category as SpyWare. Perhaps resist removal isn't the right term. I have the option of not using IE (and I exercise that option regularly). Now if IE started interjecting content into my FireFox browser and there was no way to stop it -- then that would be comparable behavior.

      --
      Wanted: witty unique signature. Must be willing to relocate.
    10. Re:Not Spyware? by Anonymous Coward · · Score: 0

      Why don't we just nip this in the butt

      One of the little joys of the internet is getting a chance to see idioms distorted. Kinda cute.

      Remember: it's "all intents and purposes".

    11. Re:Not Spyware? by vsprintf · · Score: 1

      I have the option of not using IE (and I exercise that option regularly).

      Not if you're using Windows (and not many use IE on other platforms). Regardless of your chosen file associations, clicking on certain links and using certain programs will launch IE anyway.

    12. Re:Not Spyware? by rob_squared · · Score: 1
      "Assware"


      I'd be careful if I were you, Haynes might sue...

      --
      I don't get it.
    13. Re:Not Spyware? by Phroggy · · Score: 1
      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    14. Re:Not Spyware? by Ih8sG8s · · Score: 1

      How about we simply call it: dontfuckingrunwindowsyouidiotware

  6. IDownload Feed of Crapola by Anonymous Coward · · Score: 1, Funny

    iDownload: Weesa not spyware! Weesa services important porpoise!

    1. Re:IDownload Feed of Crapola by nuclear305 · · Score: 1

      Now you've done it, you've combined two of the most hated things to geeks worldwide, Spyware and Jar Jar...

    2. Re:IDownload Feed of Crapola by freakmn · · Score: 1

      You forgot servicing porpoises, or is that just me?

      --
      warning: This post is likely to contain gobs of dripping sarcasm. Consume at your own risk.
  7. OH WOW by Robotron23 · · Score: 0, Offtopic

    Corporation makes software to inadvertanly profit through detrimental effect to a persons computer.

    People react to this as the software was supposed to help the given persons system, not hinder it.

    People get over it.

    How many times do we have to hear this on /. before everyone ceases to care and simply gets over it?

    1. Re:OH WOW by FreshlyShornBalls · · Score: 2, Interesting

      Simply get over it?

      While I agree that average Joe user probably should have to take some sort of test before being allowed to purchase a computer, are you suggesting that spyware is no big deal and we should all just get over it?

      Do you have any idea how much corporations (i.e. you and me through increased prices on everything from soup to nuts) spend each year to combat this crap?!?

      --
      This space intentionally left blank.
    2. Re:OH WOW by The+Angry+Mick · · Score: 1

      How about . . . when it stops?

      --

      I'm not tense. I'm just terribly, terribly, alert.

  8. First Post! by Anonymous Coward · · Score: 0

    Oh wow, who are they to define 'spyware' for the rest of us?

  9. a letter to stop sending letters by bdigit · · Score: 2, Insightful

    Can we send them a cease and desist letter to stop sending cease and desist letters? or something...

    Everyone should write them a letter to quit having their toolbar hijack your computer!

    http://www.immigrantornot.com/

    1. Re:a letter to stop sending letters by fm6 · · Score: 1

      Sure. You just need a lawyer to come up with a legal theory that they're doing something wrong. But you better be prepared for the costs of a lengthy legal battle, as I'm sure iDownload is.

    2. Re:a letter to stop sending letters by Anonymous Coward · · Score: 0

      Actually, that might not be a bad idea. You could send them a C&D demanding that they not install their software on your system through browser vulnerabilities. Insist that they provide you a clear on-screen indication that the software is prompting to be downloaded and that there be a listing in Add/Remove Programs that will completely uninstall all elements of the program.

      Fair is fair. If they don't want their software called spyware, they can make it not spyware. And if we could get a lawyer to write up a C&D, users could use it on these clowns. See how they like dealing with a few thousand of those. With that many coming in, they will have to wonder if at least a few of the senders won't be willing to sue if their demands aren't met.

    3. Re:a letter to stop sending letters by jim_redwagon · · Score: 1

      There's a new way to define AssWare:

      If there isn't a listing in Add/Remove Programs that lets you completely remove it. It is spyware or a virus or a trojan or plain and simple: AssWare.

      --
      I forgot what I wanted to say, but honestly, it was important.
    4. Re:a letter to stop sending letters by Anonymous Coward · · Score: 0

      Yep, if Add/Remove Programs doesn't offer a complete uninstall option, then it's spyware/malware/assware, whatever.

      In addition, if a program doesn't ask your permission to install it, it should also fall into that category. Whenever you click on a program install package, you should be presented with a dialog box telling you what the program is and asking if you want to install it. Until you tell it to install, it should make no changes to your system. None.

      You know, if you think about it, these programs are often no better than viruses, worms, and trojans. The only difference is how they spread themselves. All of them install themselves with little or no user involvement, most misrepresent what they're designed to do, and most steal data of one kind or another and send it back to their creators. Just because these spyware programs are installed via a Web site and not through an e-mail attachment doesn't make them any more "legitimate" than a virus, worm, or trojan.

  10. Yea definitly spyware.... by LnxAddct · · Score: 5, Insightful

    iDownload's 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

    1. Re:Yea definitly spyware.... by Anonymous Coward · · Score: 1, Funny

      Have you ever seen software have to claim its virus free?

      My software came with a Free Certified Virus!

    2. Re:Yea definitly spyware.... by Kenja · · Score: 1
      "iDownload's 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."

      People giving away their "software" on street corners often will have certificates detailing their state of viral infection.

      Oh, software wasn't a clever analogy was it? Never mind.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    3. Re:Yea definitly spyware.... by Phosphor3k · · Score: 5, Informative

      They also clam that their antivirus software (part of their suite) is ICSA certified. Funny, I don't see their product on ICSA's certification list

    4. Re:Yea definitly spyware.... by thebes · · Score: 2, Funny

      Windows?

    5. Re:Yea definitly spyware.... by bhtooefr · · Score: 1

      I remember back in the mid-90's that everybody said that their shareware compilations were virus scanned, and all of that good crap.

    6. Re:Yea definitly spyware.... by Anonymous Coward · · Score: 0

      It's all semantics here. They claim that their software is not spyware so I wonder what their definition of 'spyware' is, since everyone else thinks otherwise.

      I assume that they're under the understanding that spyware is software used by spys, ala James Bond. Since James Bond is sophisticated and has good taste, it's a good bet that he wouldn't use their software. QED: it's not spyware. :)

      As for the "Certified Virus Free", perhaps they were advertising that the virus feature bundled with the software is no-charge. Again, depends on your set of definitions.

      This comment is "Certified to Content Free".

    7. Re:Yea definitly spyware.... by jayhawk88 · · Score: 1

      Well presumably those blurbs are there because they have been "accused" of being spyware or virus infecting PC's in the past.

      But regardless, even if it cannot be technically classified as spyware or malware, it is most definitely "annoying-ware".

    8. Re:Yea definitly spyware.... by GweeDo · · Score: 1

      I don't claiming you software is spyware/virus free as being a bad thing...but only if it is true. We have gotten to a point on the internet were the "Average Joe" doesn't know what they can or can not download. Honestly I believe a catalog of "safe" software to download is something that we need...

    9. Re:Yea definitly spyware.... by Xalior · · Score: 1

      I asked about "Certified Virus Free" and was told that I would need to write, snailmail, to their head-office. The support staff could not help me with "anything written on the website, as that's the marketing dept". -D

    10. Re:Yea definitly spyware.... by LnxAddct · · Score: 1

      Here ya go.
      Regards,
      Steve

    11. Re:Yea definitly spyware.... by scovetta · · Score: 1

      I think they got certification from the Insensitive Clods Spyware Association

      --
      Wer mit Ungeheuern kämpft, mag zusehn, dass er nicht dabei zum Ungeheuer wird. --Nietzsche
    12. Re:Yea definitly spyware.... by Lost_In_Specs · · Score: 1

      I just looked at their product list. They are charging $29.95 for a program to stop Windows Messenger Popups! That should be criminal. That takes about thirty seconds to do by yourself without special software.

    13. Re:Yea definitly spyware.... by victorvodka · · Score: 1

      I believe that the wisdom Confucius actually provided was as follows, "He who denied it supplied it."

      --

      The flag just makes more sense than the constitution. - Judas Gutenberg

    14. Re:Yea definitly spyware.... by aonifer · · Score: 1

      To put things in perpective, spyware is like farting, the first person to deny it usually did it.

      Spam is also like farting, because he who smelt it, dealt it.

    15. Re:Yea definitly spyware.... by Anonymous Coward · · Score: 0

      What is really funny is if you click on "Testing Reports" on the ICSA website and seach for iDownloads in the search box, there are no results displayed, but this is displayed:

      "SEARCH RESULTS for idownload

      Sponsored Links
      Earn Money Fast - affiliate.idownload.com
      Quickly Make up to $20 per Sale. Great Products and Conversions!

      Sorry, no matches were found containing idownload."

      And the plot thickens.....

    16. Re:Yea definitly spyware.... by Mr.+Marabou+Man · · Score: 1


      Oh look ! A live chat support !

      Why don't we all just go there and ask them ? >;D

    17. Re:Yea definitly spyware.... by ChaoticPup · · Score: 1

      Naw, you checked the wrong list... ICSA has them on the "Certified Idiots" list.

  11. No need for alarm by delta_avi_delta · · Score: 5, Informative

    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 doesn't pull any punches.

    1. Re:No need for alarm by Anonymous Coward · · Score: 0

      Its great that they are standing up to them, but reading that letter made me feel about as comfortable as rubbing sandpaper on my face. If that was written by an attorney, he/she should look for a good proof-reader/grammer checker.

    2. Re:No need for alarm by Sylver+Dragon · · Score: 1

      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 branding.
      BTW, thank you, nice link.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    3. Re:No need for alarm by Proney · · Score: 1

      he/she should look for a good proof-reader/grammer checker.

      *cough*

      --
      require "something.clever";
    4. Re:No need for alarm by CommieOverlord · · Score: 1

      hell of a lot nicer

      Nicer? That response was an complete insult. It offered a back-handed insult, mocked the intelligence of the sender, showed zero respect and blatant disregard for the C&D's terms, attacked their product, and then stuck its fingers in its hears and stuck out its tongue at the iDownload people.

      It was civil yes, but a hell of a lot meaner than "Your mother wears army boots, and if don't leave me alone I'll sue you back"

    5. Re:No need for alarm by Mr_Huber · · Score: 1

      I assume you mean all this as a compliment.

  12. What? by sinfree · · Score: 2, Insightful

    Since when is it a crime to classify something as spyware?

    1. Re:What? by Skye16 · · Score: 1

      Libel?

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

    2. Re:What? by theVP · · Score: 2, Informative

      its considered defacement. Lavasoft got into it with Gator over this.

      --
      "No one is more miserable than the person who wills everything and can do nothing." -Emperor Claudius 10 BC - AD 54
    3. Re:What? by sinfree · · Score: 1

      You are probably right, but regardless of what they are trying to accomplish, they have now caused me to not want to ever download anything from them... no matter how "spy-ware free" they claim it to be. Then again, I probably considered weather bug to be spy-ware. It was sad how upset my "redneck" uncle was when I re-installed windows and he couldn't find weather bug. Oops... I just called my uncle redneck... and since I can't retract this after I click submit, he can send cease and desist letters all he wants ;). If he can figure out how to write one...

    4. Re:What? by rewt66 · · Score: 4, Insightful

      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?)

    5. Re:What? by tuffy · · Score: 1
      Libel?

      If iSearch really is spyware, labeling it as such can't be libel.

      --

      Ita erat quando hic adveni.

    6. Re:What? by Moofie · · Score: 1

      It depends on what your definition of "is" is.

      Seriously...unless and until there's a legal definiton of what constitutes spyware, I'm not surprised these guys are suing.

      I still think they're Evil, but I'm not surprised they're trying...

      --
      Why yes, I AM a rocket scientist!
    7. Re:What? by Anonymous Coward · · Score: 0

      in a lawyer run litigous world, freedom is only for those who can afford it

    8. Re:What? by bmwm3nut · · Score: 1

      even if there isn't a legal definition of spyware, as long as the people doing the labelling have a definition, they should be able to get away with it. for example: lets say i make a two lists of software, i call the first list "List A" and this contains all the programs that i like. and i make another list "List B" and put all the programs that i think are crap in this list. then on my website, i say "Program X" is classified as "List B" software. i don't see how the creaters of Program X could say that i was doing anything wrong. likewise, i can rename "List A" to "Good Software" and "List B" to "Crapware". in this case, i still can't see how the makers of Program X could do anything, i've just applied the label "Crapware" to anything that _i_think_ is crap. so couldn't the anti-spyware people do the same thing? they just need to say "we define spyware as any program that does A, B, and/or C." then they can make a list of software that does A, B, and/or C and have the title of that list be "Spyware".

    9. Re:What? by Proney · · Score: 1

      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.

      Oh, I can think of a few people against whom such a case might not be dismissed out of hand...

      --
      require "something.clever";
    10. Re:What? by VersedM · · Score: 1

      Welcome to the United States, home of the "free" (how come we aren't free from this kind of nonsense?)

      Because we don't have a "loser pays" system. If they had to automatically pay the fees for any lawsuit they lost, it would greatly discourage this kind of garbage and make it much easier to defend yourself in court. It would probably even make it possible to get defense lawyers on contingency.

    11. Re:What? by Chagrin · · Score: 1

      You still need to find a lawyer that doesn't mind getting disbarred.

      Back to the real point, a few states have laws preventing this type (SLAPP) of behavior. Really, have a little faith in our legal system -- the judges can see these cases for what they are.

      --

      I/O Error G-17: Aborting Installation

    12. Re:What? by Moofie · · Score: 1

      If the court rules that the term "List B" is defamatory, they can rule against you.

      If I were to publish a list of people called "Baby Eaters", and said "Baby Eaters don't actually eat babies, that's just the term I use for people who don't contribute money to charities", I could be sued for calling somebody a Baby Eater, and I would probably lose.

      --
      Why yes, I AM a rocket scientist!
    13. Re:What? by isil · · Score: 1

      Thats "Land of the Free"(*) and "Home of the Brave"(+).

      * If you got a lawyer
      + If you aren't in the military

    14. Re:What? by phauxfinnish · · Score: 1

      Even better - A Loser Dies system. Unless you are absolutely sure that you will win, no one will dare bring suit. Make it a Loser & His Lawyer Dies system and eliminate most lawyer's desire to even attempt to try poor cases.

    15. Re:What? by Anonymous Coward · · Score: 0

      Depends on if you are black or not. Look at Rev. Jessie Jackson. That's his whole business model. Label you as a racist unless you contribute to his Rainbow charities.

    16. Re:What? by LihTox · · Score: 1
      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.

      If someone really filed such a frivolous lawsuit against me, what would happen if I just showed up in court without a lawyer? Am I legally required to spend money any time I am sued (assuming it is unsuccessful), or is it just a good idea?

  13. Slashdot has a large pool of users by bigtallmofo · · Score: 1, Insightful

    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'm a big tall mofo.
    1. Re:Slashdot has a large pool of users by Spy+der+Mann · · Score: 1

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

      They're too busy trying to submit stories...

    2. Re:Slashdot has a large pool of users by fmobus · · Score: 1

      I think slashdot crowd's more eficcient attack is slashdotting

    3. Re:Slashdot has a large pool of users by ChairmanMeow · · Score: 1

      Exactly. A slashdotting of C&D letters. Send them in Word format to make the slashdotting even more effective.

      --
  14. Cease and Desist! by Evil+W1zard · · Score: 1

    So we don't get our asses sued under the SPY ACT Act.... Seriously though I do really feel bad for this company because their name is being sullied by these other parties. NOT! At least they were only getting ridiculed before for being a stupid Spyware vendor. Now they are getting laughed at for pissing and moaning about being identified as what they really are. Poor babies.

    --
    News Reporters Make Tasty Polar Bear Treats!
  15. Cause it's not your problem. by Anonymous Coward · · Score: 0

    Frivolous lawsuits ought to get lawyers disbarred.

  16. Just let us know by Dachannien · · Score: 1

    I just hope CmdrTaco lets us know when /. gets one of these C&D letters from them, for the posting of this article.

    1. Re:Just let us know by Taladar · · Score: 4, Funny

      We could answer by sending "Cease to exist"-HTTP-Requests to their Webserver.

    2. Re:Just let us know by redheaded_stepchild · · Score: 1

      Why wait?

      Seriously - take a look at the garbage they're trying to foist off on people. (Wouldn't do this with IE!)

      Hushware - these kinds of utilities have been feeding on peoples fears for years. Personally, I take pride in the fact I know how to use the 'Delete' key.

      Interboost - Heh. Yet another 'dial-up speed booster' that does nothing of the sort. I can't beleive companies like AOL and Earthlink fall prey to this marketing scheme too.

      Popupblocker - So who's pop ups are they blocking, anyway?

      SecureFavorites - ? I just don't get it. Hiding my bookmark list?

      SpywareAvenger - Been removing this one from machines for months.

      Uninstaller - Like I need something other than Add/remove programs.

      VirusHunter - Another one I've been removing for a while now. And as noted on a previous post, not listed with the ICSA.

      WindowsMessengerKiller - This is easy. TURN IT OFF.

      From what I can see, it's just a bunch of junk trumped up to make you think it's doing something. The sad part is, Joe User will never know the difference.

      --
      Don't use the Troll mod just because you disagree with me.
    3. Re:Just let us know by Grelli · · Score: 1

      They are a BBB member. What I find shocking is that there haven't been many complaints registered.

      Number of complaints processed by the BBB since the firm's BBB file was opened in June of 2003: 9
      Number of complaints processed by the BBB in last 12 months: 7

      Perhaps it's time to start registering complaints with the BBB for companies like this.

  17. Could happen to you... by clinko · · Score: 4, Insightful

    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. 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?

    1. Re:Could happen to you... by jest3r · · Score: 4, Informative

      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

    2. Re:Could happen to you... by argent · · Score: 2, Insightful

      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....

    3. Re:Could happen to you... by mr.newt · · Score: 1

      No. The real problem with iSearch is that it's extortion (or "protection," if you like euphemisms). They alter the functioning of your computer and make it almost unusable, without your consent, then offer to fix it for "only 29.95," through several proxy websites (uninstaller.com, virushunter.com, etc).

    4. Re:Could happen to you... by rcamera · · Score: 5, Interesting

      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?

      --
      Wave upon wave of demented avengers March cheerfully out of obscurity into the dream
    5. Re:Could happen to you... by KyleJacobson · · Score: 1

      Also, the EULA states:

      "Third Party Software - During the process of downloading and/or using the Software, you may also be offered the possibility to download software from third party software vendors pursuant to license agreements or other arrangements between such vendors and yourself ("Third Party Software"). Please note that the Third Party Software is subject to different license agreements or other arrangements, which you should read carefully. By downloading and using this Third Party Software you accept these Third Party Software license agreements or other arrangements and acknowledge that you have read them and understand them. iSearch disclaims to the maximum extent permitted by applicable law, any responsibility for or liability related to the Third Party Software. Any questions, complaints or claims related to the Third Party Software should be directed to the appropriate vendor"

      They install the third party software on your computers without you knowing, then state that you accept the third party's program liscense and agreements and have read it and understand it... even though you dont know its there...

      --
      I have worse karma than M$.
    6. Re:Could happen to you... by Anonymous Coward · · Score: 0

      Which makes it unenforceable (even if EULAs are found to be enforceable).

    7. Re:Could happen to you... by PickyH3D · · Score: 1
      2. Functionality - Software delivers advertising and various information and promotional messages to your computer screen while you view Internet web pages. iSearch is able to provide you with Software free of charge as a result of your agreement to download and use Software, and accept the advertising and promotional messages it delivers.

      By installing the Software, you understand and agree that the Software may, without any further prior notice to you, automatically perform the following: display advertisements of advertisers who pay a fee to iSearch and/or it's partners, in the form of pop-up ads, pop-under ads, interstitials ads and various other ad formats, display 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; redirect certain URLs including your browser default 404-error page to or through the Software; provide advertisements, links or information in response to search terms you use at third-party websites; provide search functionality or capabilities; automatically update the Software and install added features or functionality or additional software, including search clients and toolbars, conveniently without your input or interaction; install desktop icons and installation files; install software from iSearch affiliates; and install Third Party Software.

      In addition, you further understand and agree, by installing the Software, that iSearch and/or the Software may, without any further prior notice to you, remove, disable or render inoperative other adware programs resident on your computer, which, in turn, may disable or render inoperative, other software resident on your computer, including software bundled with such adware, or have other adverse impacts on your computer.

      Emphasis mine.

      I wish I had the money to hire a lawyer and sue them for blackmail in terms of their practice of installing themselves and trying to make it impossible to remove, unless you are rather good with computers and then selling me software to remove it (obviously I am not buying it and I have never had the iSearch bar, but I have seen other people that had it).

    8. Re:Could happen to you... by Vicsun · · Score: 1

      The software may conveniently without your input or interaction install Third Party Software on your computer ...

      This is quite akin to saying "after you give us the keys to your hows we may have someone come in and conviniently sell your TV for you"

    9. Re:Could happen to you... by Alsee · · Score: 1

      does this mean that i can't clean up the spywa^H^H^H^H^Hsoftware on my wife's machine for her?

      No, you are free to do whatever you like.

      Even if we take a premise that that EULA is a contract and that your wife agreed to it then SHE cannot "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". However I doubt your wife is going to take you to court for "tampering" with her computer if YOU decide to remove it without her "initiation", "permission", "authorisation", or "assistance".

      That company has absolutely NO grounds to do squat to you. They have no grounds under contract law, as you have not choosen to agree to any contract with them. They have no grounds under copyright law, as deleting a copy is certainly not copyright infringment.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  18. Well duh by Anita+Coney · · Score: 2, Insightful

    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?!

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  19. Shoot them all by Anonymous Coward · · Score: 0

    So making computers cease and desist with their software isn't enough they have to move into the paper realm.

  20. Hey, you know something? by Faust7 · · Score: 5, Interesting

    I really hope Microsoft, having recently released that beta of AntiSpyware, gets one of these letters.

    iDownload won't even know what hit them.

    1. Re:Hey, you know something? by Anonymous Coward · · Score: 0

      Microsoft doesn't care about making a great antispyware product. Heck, Microsoft doesn't even care about making one that works.

      M$ doesn't care about making an antispyware product at all.
      That's why they assimilated Giant.

    2. Re:Hey, you know something? by Tim+C · · Score: 4, Insightful

      Yeah, MS only cares about it's profit margins - big deal, it can join the club of almost every other company in the world.

      But its profit margins are going to start being hit if using Windows becomes too unpleasant an experience, and malware is threatening just that for the average user. Hence the interest in spam prevention/filtering, firewalls, anti-virus, and anti-spyware software.

    3. Re:Hey, you know something? by Draknor · · Score: 1

      But its profit margins are going to start being hit if using Windows becomes too unpleasant an experience, and malware is threatening just that for the average user.

      Unfortunately, I beg to differ. How much more painful does using Windows+IE have to get for the home user?? An unpatched XP box on an open line to the internet will now be infected in what, less than a minute on average?

      Like any other consumer sector in a "free-market" (or our approximation thereof), Microsoft's profit margins won't decrease until home users are educated that there is a better alternative to Windows. (Remember, the product with the best tech specs doesn't necessarily win in the market.) Until that time, they'll keep using Windows, and they'll shell out $$$ for anti-virus programs, software firewalls, hardware firewalls, local computer shops to clean-up their infested systems, etc.

      Firefox is starting a movement, where non-computer geeks are beginning to realize that there's a better alternative. But I don't know yet if the rest of the open-source community will be able to continue that movement until it reaches critical mass. I definitely hope so, and I do my small part to encourage F/OSS when I can, but I don't see a big migration away from Windows for a few years, at least.

    4. Re:Hey, you know something? by UnknowingFool · · Score: 1
      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.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    5. Re:Hey, you know something? by Anonymous Coward · · Score: 0

      Microsoft won't get one until the company succsssfully picks on little guys who can't defend themselves as well. Once the spyware company gets enough legal precident, then they can start targeting big guys. The trick is to start with the small guys, get legal precident, then extort money from the big players since you now have legal cases to back up your claim.

    6. Re:Hey, you know something? by AceCaseOR · · Score: 4, Funny

      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.

      --
      Zagreus sits inside your head, Zagreus lives among the dead, Zagreus sees you in your bed and eats you in your sleep.
    7. Re:Hey, you know something? by zcat_NZ · · Score: 1

      IBM have enough on their plate already. I think Microsoft's lawyers should be more than sufficient for the task, and it'll give them something more productive to do than harassing Canadian teens and Desktop Linux distributions.

      --
      455fe10422ca29c4933f95052b792ab2
    8. Re:Hey, you know something? by spir0 · · Score: 1

      But its profit margins are going to start being hit if using Windows becomes too unpleasant an experience, and malware is threatening just that for the average user.

      eh? if it becomes an unpleasant experience? Windows has been an unpleasant experience for the uneducated masses for years. those smart enough to not use IE and Outlook, and people like me who either won't connect a Windows machine to the internet directly, or at all, don't have an unpleasant time.

      but the average user you're talking about is beyond being threatened. they're being digested.

      --
      The reason girls and Windows users don't understand UNIX is because all the documentation is in Man files.
    9. Re:Hey, you know something? by Trillan · · Score: 2, Funny

      I don't know. Is Ride of the Valkyries really long enough for all of IBM's lawyers to get in to the courtroom?

    10. Re:Hey, you know something? by CodeBuster · · Score: 1

      they wouldn't all fit in the courtroom at one time anyway.

    11. Re:Hey, you know something? by Wes+Janson · · Score: 1

      Heh..but I really think Mars, the Bringer of War might be an even better selection. You can almost see the lawyers being flayed to the beat of the drums.

  21. nice try but .... by hurfy · · Score: 2, Informative

    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?

  22. Bollocks by Reene · · Score: 1

    "As we all know, Spyware is a phrase within the public conscience that has a specific meaning ..."

    In my experience, spyware according to the average computer user is "stuff that slows my computer down and/or gives me popups". It seems they've grossly overestimated the average users' understanding of malware, and indeed narrowed it down quite a bit. Thank goodness they're there to enlighten us all.

    CastleCops' response letter was right on. I hope iDownload sues so CastleCops can countersue. Utterly ridiculous.

    --
    "He does look a bit Oompa like, even if his Loompa is a bit off-kilter."
  23. In other news... by rogabean · · Score: 1

    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.

    --
    "why don't you just slip into something more comfortable...like a coma!"
    1. Re:In other news... by danheskett · · Score: 4, Informative

      Crooked, deceptive or not... Would you want your software uninstalled by other software that claimed yours was "Bad"?
      I write software for a living, and sell it for a living, and support it, etc.

      I am not the least bit worried about other people's software uninstalling mine.

      Why?

      Because, it's ultimately the end-users decision. The owner or owners of a PC get to decide what to do with it. Would I be pissed if a competitor was targetting my stuff and auto-breaking/disabling it? Yes. Are there legal remedies available to me? You bet.

      I am I pissed if an end-user decides to install some software that decides my software is bad? NO, not at all. Why is it bad? For disk space reasons, performance, or some bogus false-flag? What can I do to make my software better, that's what I am interested in.

      Citizens have final total dominion over their private property, and that's how it should be. If someone wants to install something that breaks one of "my" products, well then, too bad for me.

    2. Re:In other news... by rogabean · · Score: 1

      True but if you were *trying to deceive and make money off the software being installed* and that was your whole business model... your outlook might change some.

      --
      "why don't you just slip into something more comfortable...like a coma!"
    3. Re:In other news... by Anonymous Coward · · Score: 0

      Well, its a good thing the courts didn't see things your way when Microsoft killed Netscape.

  24. time to stand up by CrimeDoggy · · Score: 1

    All it will take is one site to not back down from these silly letters, much like HardOCP did with Infinium Labs, and we can see what a court makes of it. IANAL, but I don't believe there is any legislation or legal precedent that has established a definition of "spyware."

    1. Re:time to stand up by Anonymous Coward · · Score: 0

      HardOCP not only didn't back down, they fired back with a very aggressive countersuit and got it into court before Infinium's legal papers even hit the desk. It's not just a matter of what you don't do, it's a matter of how hard and fast you hit back.

  25. Spyware Haiku by Anonymous Coward · · Score: 0


    "Cease and desist, you!"

    "iDownload is not spyware!"

    They are full of shit.

  26. Counter suits by Mr.+Cancelled · · Score: 2, Interesting

    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...

  27. Its definately spyware by Direwolf20 · · Score: 1

    I've had several computers infected with this garbage. Its a MAJOR pain to get off of a machine, and using their "uninstall" button fails 9 times out of 10. This company should be sued for wasting peoples time with thier "cease and desist" letters.

    1. Re:Its definately spyware by rdavidson3 · · Score: 1

      I have the perfect solution to all spyware / viruses. At the C:\ prompt, type the following.

      FORMAT C: /q

      Works everytime.... enjoy

  28. Wow. Just... wow. by Anonymous Coward · · Score: 0

    Holy crap, dude/ma'am, you couldn't be more foaming at the mouth with anti-Microsoftness. Microsoft cares tons about making a great anti-spyware product, beacuse if they expect people to use it, it has to be better than the other free ones out there (Ad-Aware, SpyBot, etc.). They will probably have an enterprise version that can be easily deployed and will actually cost money - there will be incentive for companies to buy it if and only if it's better than the competition.

  29. Here's his lawyer's address by Anonymous Coward · · Score: 3, Informative

    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

  30. Did he/she claim to be a lawyer? by Cryofan · · Score: 1

    Cuz if so, the state bar ass'n would not allow him/her to be a lawyer if they found out that he/she claimed to be a lawyer or implied that he/she was a lawyer.

    Disclaimer: IANAL!

    --
    eat shiat and bark at the moon
    1. Re:Did he/she claim to be a lawyer? by iluvcapra · · Score: 0, Offtopic
      Did he/she claim to be a lawyer?

      No, he would just come up with clever text and the buyer would put it under his own letterhead. Very clever.

      (we are now offtopic)

      --
      Don't blame me, I voted for Baltar.
    2. Re:Did he/she claim to be a lawyer? by Rude+Turnip · · Score: 1

      I'm not positive, but I believe putting an exclamation mark after that particular term turns it into what it appears to *say*, rather than what it really *means*.

  31. isearch, et al by jskline · · Score: 2, Insightful

    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 surprised by the apethy and cavalier attitude these companies have at distributing this kind of thing.

    Just think about it. Major companies with lots and lots of funds at their disposal, and they want to potentially piss it all away to the lawyers in litigation expenses and payout losses should they get sued by us Joe Average's because we've had our computers violated without our permission.

    --
    All content in this message is copyright (c) 2008. All rights reserved. RIAA is prohibited here.
    1. Re:isearch, et al by Anonymous Coward · · Score: 0

      Trouble is, most of this malware writes to your HOSTS file by default these days, rerouting such sites as www.mcafee.com and www.symantec.com to 127.0.0.1. My guess is they could easily check the HOSTS file for their own name, and remove it if it was there.

    2. Re:isearch, et al by the_crowbar · · Score: 1

      The only problem with putting sites in the hosts file (%systemroot%\system32\drivers\etc\hosts) is that many of these programs will lock the computer until they are able to communicate. The first exposure I had to spyware was a friends laptop who claimed the system froze showing an hourglass and the start bar/desktop. I hooked the system up to my home lan and it worked, albeit slowly. Once I disconnected the lan cable it froze. Some research/cleanup later it worked fine either with or without the network connection, but the moral of it is that some spyware apps will block the computer from use until they connect to their respective site.

      Cheers,
      the_crowbar
      --
      Have you read the Moderator Guidelines
  32. Re:Wow. Just... wow. by Anonymous Coward · · Score: 0

    Wow.

    Can I buy some pot from you?

  33. Get it from here by Anonymous Coward · · Score: 0

    ftp://mooseheadloosemoose.no-ip.com/

  34. Cease or be slashdoted by FidelCatsro · · Score: 1, Flamebait

    "This firm represents iDownload.com with respect to your inaccurate classification of iDownload's software product, iSearch 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."

    Now i don't suggest anything as unethical as those DDOS screen-savers ,
    however if everyone who were to read the message , was perhaps to visit the site then use this contract page ,perhaps we could write a few letters of protest to them(email or normal mail, i wouldn't use your regular email address though) .
    While we are there we could peruse the site extensively (not using MSIE )and make good use of the services, to investigate there site and privacy policys(adblock and firefox may also be an idea) .

    oh incase it does get slashdoted here is a nyud.net link to the contact page

    --
    The only things certain in war are Propaganda and Death. You can never be sure which is which though
    1. Re:Cease or be slashdoted by Anonymous Coward · · Score: 0

      http://www.idownload.com.nyud.net:8090/contact/
      sorry forgot to add this to parent post
      so ill post this anon

    2. Re:Cease or be slashdoted by Anonymous Coward · · Score: 0

      This is not flamebait

      Mod parent up please
      "Flamebait -- Flamebait refers to comments whose sole purpose is to insult and enrage. If someone is not-so-subtly picking a fight (racial insults are a dead giveaway), it's Flamebait."

    3. Re:Cease or be slashdoted by GtKincaid · · Score: 1

      ?Flamebait .....no way
      All he is saying is that we protest , just as this company is protesting .

  35. From the link by techstar25 · · Score: 5, Informative

    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!

    1. Re:From the link by 55555+Manbabies! · · Score: 1

      The only thing that's scary is that someone would agree to have that on their computer. Because we all know that every single user of iSearch was prompted to read and agree to those terms before installing it, right?

  36. Great comeback by Anonymous Coward · · Score: 0

    Why don't you try actually attacking the reasoning rather than spouting idiotic insults?

    1. Re:Great comeback by Anonymous Coward · · Score: 0

      What reasoning, you M$ drone?

      If you really want a refutation of your "reasoning", just take a look at Microsoft's history.

    2. Re:Great comeback by Anita+Coney · · Score: 1

      When you spout idiotic reason, you get idiotic insults.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
  37. iCrap by fafaforza · · Score: 4, Funny

    Maybe Apple should send them a cease and decist letter for shamelessly copying the i{whatever} naming scheme.

    1. Re:iCrap by Reignking · · Score: 1

      iKnow!

      --
      One man's Funny is another man's Offtopic.
    2. Re:iCrap by Anonymous Coward · · Score: 0

      Then Apple could improve iDownload's iWallet, make it smaller, faster, and with higher throughput. Apple sure makes my iWallet feel like a Niagara of output.

    3. Re:iCrap by corblix · · Score: 1
      Maybe Apple should send them a cease and decist letter for shamelessly copying the i{whatever} naming scheme.

      You mean a "cSe and dSist" letter?

  38. The Law of Uninteded Consequences by PHAEDRU5 · · Score: 1

    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

    --
    668: Neighbour of the Beast
    1. Re:The Law of Uninteded Consequences by geoffspear · · Score: 5, Informative
      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.

      --
      Don't blame me; I'm never given mod points.
    2. Re:The Law of Uninteded Consequences by clean_stoner · · Score: 1
      1. Make spyware
      2. Get removed by Microsoft
      3. Sue!
      4. Profit

      I think it would go more like this:

      1. Make spyware
      2. Get removed by Microsoft
      3. Sue!
      4. Get stomped to the ground by Microsoft's evil business practices and billions of dollars of disposable cash.

      --

      Sigs are for the weak.

    3. Re:The Law of Uninteded Consequences by Travoltus · · Score: 1

      Or, "Satan vs the Devil, live on Pay Per View!"

      --
      --- Grow a pair, liberals... stop letting the Republicans bully you!
    4. Re:The Law of Uninteded Consequences by HD+Webdev · · Score: 1

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


      That's one reason I've always believed that any Microsoft Anti-Spyware or Anti-Virus wouldn't be very useful. (Another major reason is that Micrsoft isn't very good at security.)

      Microsoft will have to be extremely careful about about breaking other people's software since they have already been in trouble previously for doing it purposely to get rid of competition.

      The majority of my work involves cleaning up computers clogged with Spy/Malware & viruses. I've been testing the Microsoft version (just to see what it detects, I haven't used the 'fix' tool) and even though it's a beta, the rules are extremely loose. So far, it seems to be mostly targeted at various p2p Adware/Spyware installed programs and misses the majority of other long-known spyware.

      Again, it's just a beta version, but I'm sure that Microsoft will either stay on the safe side and concentrate on applications that are often related to piracy, or will they will create a lot of click agreement buttons to make the burden of legal defense shift to the person using the Microsoft Anti-spyware program.

      Microsoft's court defense "Your Honor, we tried to stop them from removing/breaking the application with 3 seperate several page long I AGREE/DO IT ANYWAY! warnings."

      OTOH, I wouldn't be surprised though if some enterprising people came up with something that looked like spyware, smelled like spyware, but really wasn't just to bait Microsoft into having their program remove it.

      --
      This is not a dream, not a dream...we are transmitting from the year 1-9-9-9.
    5. Re:The Law of Uninteded Consequences by Alsee · · Score: 1

      Is it at all possible that iDownload could use the DMCA to sue people who make software to remove their spyware?

      Allow me to rephrase your question:

      Is it at all possible that the MPAA could use the DMCA to sue people who make matches to burn their DVDs?

      Deletion/destruction does not trigger the DMCA. Even assuming that the DMCA is even valid law. In the 7 or 8 years it's been on the books not a single court has ever upheld DMCA circumvention crime. That's kind of a good-news bad-news situation. The good news is that no one has even been convicted under it and you are extremely unlikly to be convicted under it no matter what you ever do. The bad news is that it practically impossible to get an unconstutional law struck down on appeal untill you actually have a conviction to appeal in the first place. So we wind up with a potentially unconstitutional law remaining on the books with all the chilling effects it brings.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  39. All in a name.... by thewiz · · Score: 1

    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 "disco" means "I learn" in Latin, does "discothèque" mean "I learn technology"?
    1. Re:All in a name.... by Justin205 · · Score: 1

      Why do they bother to give their companies names like Claria and iDownload? Why not tell it like it is? iFsckU, iSpyOnU, ShowMeYourData, etc?

      I file-system check you? Would that really be bad?

      --
      "Your effort to remain what you are is what limits you."
  40. Re:How to make them stop quacking? by fdrebin · · Score: 5, Funny

    2 barrels of #8 shot. Repeat as necessary.

    --
    Stupidity... has a habit of getting its way.
  41. It's definitely a disease by 3dr · · Score: 1

    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.

    1. Re:It's definitely a disease by Anonymous Coward · · Score: 0
      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.

      Aha! I always *knew* Windows was malware!

  42. You'd render us lawyerless by Pac · · Score: 2, Funny

    If the judges started aplying this rule, in the first week half of the American lawyers would find themselves disbarred. In two weeks 90% of the remaining lawyers would discover that, excluded frivolous lawsuits, they don't have work anymore. Soon the number of practincing lawyers would fall back to manageable levels, say one for every rat in the sewers...

    1. Re:You'd render us lawyerless by Anonymous Coward · · Score: 0

      The majority of lawyer aren't even involved in suing people, much less frivolous lawsuits. I don't know if you're joking or have been taken the tort reformers lies, but you're not helping.

    2. Re:You'd render us lawyerless by Anonymous Coward · · Score: 0

      Someone should take him to court for those lies! :)

    3. Re:You'd render us lawyerless by jafiwam · · Score: 1

      I think you are grossly underestimating the number of rats there are.

      In some urban areas, its a 1:1 ratio rats:humans.

      In some rural areas, its 20:1 or higher depending on what agricultural activities are going on.

      The rats, the noble beast they are tend to be much more tolearble and plesant to be around than lawyers. Which is good, because there are _lots_ of them.

    4. Re:You'd render us lawyerless by Pac · · Score: 1

      In rural areas you usually find field rats. I was thinking about the urban sewer rats.

    5. Re:You'd render us lawyerless by jim_redwagon · · Score: 1

      Hmmmmm... a pro-lawyer poster being anonymous. wouldn't want to actually have to back up a claim, or have people know you might like living under a rock or where ever snakes reside.

      All I know is I see too many lawyer ads asking for people to sue other people. If you got hurt, I'm sorry, but I didn't do it on purpose. Unless maybe, you're a lawyer ;)

      ===========fake sig==========
      I forgot what I wanted to say, but believe me it was good.

      --
      I forgot what I wanted to say, but honestly, it was important.
    6. Re:You'd render us lawyerless by Anonymous Coward · · Score: 0
    7. Re:You'd render us lawyerless by Ravensfire · · Score: 1

      And what's wrong with a lawyer advertising his function? If you are a lawyer that specializes in litigation, how else should you get clients? Advertising works, especially for newer practices that don't benefit from word-of-mouth referrals.

      What next, should we ban ads for cereal that advocate eating that cereal?

      --
      "But we decide which is right, and which is an illusion"
    8. Re:You'd render us lawyerless by jim_redwagon · · Score: 1

      there is a point to advertising, yes i agree. Having lived in Boston, MA for about 12 years, i know there were plenty of lawyers and they did some advertising and business was flourishing. However, since moving to New York 18 months ago, I am bombarded by billboards (a completely other subject) and TV commercials seeking out lawsuits for what i personally would call questionable reasons.

      Why does a lawyer have to state "SUE SUE SUE" in their ads? Why can't they just list their name, phone number and services? WHY do they need to proclaim how many millions they have pulled out? In my opinion, it just brings in clients who see the promise of $$$$ with sometimes shaky cases. I would say that these people (loosely used term) who wrote the C&D letters for iDownload, didn't actually do it because they believe it's not spyWare, they did it for the retainer and the checks for the hours they can bill fighting with every other lawyer who has to answer them.

      I'd like to see all states enforce the advertising limits that Massachusetts does (no, I don't know what they are specifically, they might not even be lawyer-centric), but they make for a much less litigious society. New York has issues, companies don't want to do business here, you can't even lease a car in NY because of lawyers finding loopholes.

      I personally think that a lot of the things we like to complain about, increased costs for healthcare, insurance, paying more for just about any product are caused by direct (how many $1,000s did companies who received C&D letters here waste on responses?) or indirect (increased insurance premiums to cover higher malpractice insurance for doctors) lawyerly actions.

      are there good lawyers? yes, of course. are there questionable ones? yes, and sadly they give the ENTIRE profession a bad name.

      --
      I forgot what I wanted to say, but honestly, it was important.
    9. Re:You'd render us lawyerless by SacredNaCl · · Score: 1

      In two weeks 90% of the remaining lawyers would discover that, excluded frivolous lawsuits, they don't have work anymore. Soon the number of practincing lawyers would fall back to manageable levels, say one for every rat in the sewers...

      In NYC there are 12 rats for every person. 132,000,000 lawyers for the NYC population alone. If we include all of the rats in the rest of the US there would obviously be more rats than people. We would have to >gasp import lawyers just to get them to a manageable level.

      Be careful what you wish for. :)

      --
      Freedom is merely privilege extended unless enjoyed by one and all.
  43. CEASE AND DESIST by blurryrunner · · Score: 5, Funny

    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

    1. Re:CEASE AND DESIST by Anonymous Coward · · Score: 0

      Noooo, don't neuter the programmers, they'll have nothing to do and no desire but to grind out endless Madden games! You win!

  44. I doubt they peddle spyware by rsax · · Score: 1
    I mean look at the language used on their site.

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

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

  45. Can't we just call it scumware by Darth23 · · Score: 1
    and leave it at that?

    Spyware, adware, trojans, viruses, it's all a bunch of scummy crap that peopel don't want on their PC's.

    --

    -------- In Soviet Russia, "Soviet Russia" sigs hate Slashdot.

  46. Remover? by Anonymous Coward · · Score: 4, Informative

    This 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...

    1. Re:Remover? by duck_oil · · Score: 5, Interesting

      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.

    2. Re:Remover? by Anonymous Coward · · Score: 0
      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.
      Do these 'applications' include Windows? I recently had to boot off a CD to log in as admin and use 'del' on a bunch of spyware. I'd better run get my refund for Windows.
    3. Re:Remover? by Anonymous Coward · · Score: 0

      "there is no third party software which is capable of removing iSearch applications"

      The question is : does it install *first-hand* software that will ?

      If not, The statement itself is *just a piece of FUD*, only ment to devert your attention to something else. (a method preferredly used by two-bit crooks)

    4. Re:Remover? by heybo · · Score: 2, Insightful
      You've got a good point. If Windows "Add and Remove Programs" won't remove it. Then it must be Windows fault? AHH Windows is spyware!

      You know I have NEVER trusted a third party uninstaller you get from the spyware company. Whos to say there not slipping something else back in.

      Actually by default an installed Windows program will show up under "Add and Remove Programs". You have to write code to get around it not showing up under it. This to me says shitware

      Ok the sharks want to quibble about words then a NEW buzzword. "Shitware" Def: Any program or application that does not allow itself to be uninstalled by the default means of the OS, bypasses the systems security settings, uses a known exploit to install itself, or writes back any data to an outside source regardsing the "use" of the computer. (Feel free to add to this!)

      The sad truth is that in a legal battle like this it is not who is right or wrong, but you has the deepest pockets to buy the biggest sharks.

    5. Re:Remover? by fermion · · Score: 1
      We should have certain charactistics that can be used to define legitimate software, and point towards 'malware'. This would align well with the current situation in the US in which spam is possible anything that does not follow certain rules. There are things that follow those rules that still might be spam, but at the very least we have a known baseline, which is, at legally, really critical.

      So here is my proposal for legitimate software. Legitimate software will request the users permission to install. Legitimate software will have a simple screen, with information provided in large type, about it's functionality. Practically this list should be kept short, to about 4 or 5 items, like personal information, connected to servers, and changing configurations. The laguage will be standardized. If the user accepts this function, the program will then install the applicaiton as well as a removal application. The details of the removal apllications will also have to negotiated, but it must remove and registry or library keys, code, and data sets. The program must inform that the uninstaller is available, and how to use it.

      Now, some applications that follow these rules might be malware, and some applications that don't follow these rules may not be, but at least there would be a reasonable level of expectation. Legally, companies that do not provide reasonable disclosure and build in removal tools would no longer be able to claim that the label of malware is actionable.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    6. Re:Remover? by Greymoon · · Score: 2, Interesting

      Just for kicks I ran their remover tool. Didnt have any of their "soft-spy-ware" on my box at the time. Guess what... I do now. The removal tool INSTALLS their crap if you dont have it.

      Assware is an understatement
      Grey

    7. Re:Remover? by Drantin · · Score: 1
      software will request the users permission to install.
      If you change this instead to "Legitimate software will not attempt to install anything without user or administrator action"

      The only problem I see with the removal tool requirements is with shared libraries... For the removal to work you'd need something like an installshield with the heuristics of modern Anti-Virus applications to determine which files should be associated with the program after installation...
      --
      Actio personalis moritur cum persona. (Dead men don't sue)
  47. Screw these guys! by Anonymous Coward · · Score: 0

    How about a link to their homepage.. we can slashdot these fools!

  48. Does too matter by fm6 · · Score: 5, Insightful
    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.

    1. Re:Does too matter by Queer+Boy · · Score: 1
      Cease and desist letters are sent by lawyers, not by the judicial system. The judicial system may include a cease and desist in its rulings.

      Cease and desist letters are nothing more than threats. It just means that they may escalate the matter if you don't comply. There's no legal obligation to comply with cease and desist letters.

      --
      Not since Marie-Antoinette played milkmaid has looking simple and honest been so fake and complicated.
    2. Re:Does too matter by fm6 · · Score: 1
      There's no legal obligation to comply with cease and desist letters.
      So what? Just because you're not obligated to respond to a threat, doesn't mean that inaction is a sane response.
    3. Re:Does too matter by Lord+Kano · · Score: 4, Informative

      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.

      People will quit filing bullshit lawsuits when juries stop handing them victories.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    4. Re:Does too matter by LurkerXXX · · Score: 1
      So, will that be like contributing to the defense fund for bittorrent websites? You know, where the guy collecting the money decides to concede the case and make off with the money that was supposed to go towards the legal fees?

      Count me out unless you can ensure no one absconds with the money.

    5. Re:Does too matter by Erythros · · Score: 0

      This Quote should sum it all up.

      "This is a court of law, young man, not a court of justice."
      -- Justice Oliver Wendell Holmes, Jr.

    6. Re:Does too matter by richard+lang · · Score: 1

      Posting from the other side of the world and not knowing diddly about the US legal system (or the one here for that matter)...

      What's the legal standing of a C&D letter?

      I seem to remember reading something about barrantry (the practice of maliciously filing frivolous lawsuits) being an offence/legitimate grounds for civil action in the USA.

      Why haven't I read about Champions of the Free World taking the offensive agains this sort of crap (along with over-zealous DCMA enforcement bots etc. etc) with an agressive counter sue alleging barrantry and seeking punitive damages?

    7. Re:Does too matter by CRCulver · · Score: 3, Insightful

      If the court even suspects that a juror candidate favours jury nullification, then it will not select him.

    8. Re:Does too matter by fm6 · · Score: 1
      What's the legal standing of a C&D letter?
      Not sure what you mean.
      I seem to remember reading something about barrantry (the practice of maliciously filing frivolous lawsuits) being an offence/legitimate grounds for civil action in the USA.
      Sure. The trick is to prove that the lawsuit is malicious.
    9. Re:Does too matter by CodeBuster · · Score: 1

      We could just go back to the days when everyone openly carried a gun. People tend to be more courteous when everyone is armed to the teeth.

    10. Re:Does too matter by MmmDee · · Score: 1

      The Jury Nullifcation citation was an interesting read, thanks.

      --
      No man's an island, unless he's had too much to drink and wets the bed.
    11. Re:Does too matter by starman97 · · Score: 1

      Which makes it a perfect way to get out of jury duty.

      If you really want to monkeywrench, tell everyone
      in your Jury Pool to say "I'm in favor of Jury Nullification in cases where it is a appropriate"

      --
      Starman97@Gmail.com (bring it on spammers)
    12. Re:Does too matter by Lord+Kano · · Score: 1

      If the court even suspects that a juror candidate favours jury nullification, then it will not select him.

      You don't have to tell them.

      Your political beliefs are no one's business except your own.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    13. Re:Does too matter by Nf1nk · · Score: 1

      This make me want to print up a pin that says "Ask me about Jury nullification" to my next jury duty. (in may after my current student deferment is up)

      --
      I used to have a cool sig, back when I cared
    14. Re:Does too matter by CRCulver · · Score: 1

      People who select juror candidates have ways of finding out even without asking right out.

    15. Re:Does too matter by BandwidthHog · · Score: 1

      If you can train eleven of your fellow citizens to recite a phrase like that on command, then I want you on *my* jury.

      --

      Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
  49. how remove? by Anonymous Coward · · Score: 0

    dear idownload, if it's not spyware/adware/malware/assware...then why is such a pain in the ass to remove it for a computer?

    and given, just because it's hard to remove doesn't mean it's spyware (the old hp cases where a b*&tch to remove)...

    but seriously, anybody know an easy way to get it off a computer?

  50. Letter from God by descil · · Score: 2, Funny

    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.

    1. Re:Letter from God by Anonymous Coward · · Score: 0

      How can the Heavenly Spirit file legal action when all the lawyers are burning in that other place?

  51. New Legal Strategy by realitybath1 · · Score: 0

    Send Cease To Care and Get Over It Letters!!!

  52. Okay then, heh. by Anonymous Coward · · Score: 0

    What reasoning, you M$ drone?

    Since you apparently can't read, I'll spell it out again. Microsoft will likely be releasing an enterprise version of their anti-spyware software that will only be available for purchase, not for free. Since they will obviously want people to buy it, they need to make it better than the competition's offerings. They know they're being watched by the DOJ etc. for anti-trust reasons, so they can't get away with price-undercutting or anything sneaking like that - they simply have to put something out there and make it better, that's how it will sell. Of course they will also encourage adoption of their free utility by regular consumers, and those consumers that even know about spyware will also know damned well which anti-spyware programs do the job and which don't. It is therefore in Microsoft's interest to actually make a good anti-spyware product. Now, if you actually have any reasoning to counter my argument with, I'd love to see it - or you're free to just spout another line or two of insults that only reinforce my position and diminish yours.

    1. Re:Okay then, heh. by Anonymous Coward · · Score: 0

      Oh goody.

      Let's take these one at a time, shall we?

      Microsoft will likely be releasing an enterprise version of their anti-spyware software that will only be available for purchase, not for free.

      M$ currently has no plans to release an enterprise version of this product...probably because they have to wait for Giant to write one first.

      Since they will obviously want people to buy it, they need to make it better than the competition's offerings.

      That one actually hurt my sides. There isn't a single M$ product that does something a third-party product does better. If you disagree with this statement, just name one.

      They know they're being watched by the DOJ etc. for anti-trust reasons, so they can't get away with price-undercutting or anything sneaking like that

      Again, can I buy some pot from you?
      Just where the hell have you been for the last 10 years?

      they simply have to put something out there and make it better, that's how it will sell.

      No, stupid, all they have to do to make it sell is put it out there, since they have over 90% of the market share. 'Making it better' has never been in their marketing plan.

      Of course they will also encourage adoption of their free utility by regular consumers

      "C'mon kid, the first one's free."
      (God damn the Pusher Man)

      and those consumers that even know about spyware will also know damned well which anti-spyware programs do the job and which don't.

      Sure they do...that's why I make approximately $225 a pop cleaning the systems of these worldly consumers of yours.

      It is therefore in Microsoft's interest to actually make a good anti-spyware product.

      Therefore, you've proven my point admirably well.
      You really need to shut up sooner.

      Now, about that pot...

    2. Re:Okay then, heh. by Anita+Coney · · Score: 1

      Or, Microsoft could continue giving it away until it becomes ubiquitous. At that time Microsoft becomes a gatekeeper and says to spyware authors, "If you want to get past our anti-spyware, give us some money." Spyware companies start paying Microsoft big bucks to gain access to users' desktops.

      Of course Microsoft will have some sort of privacy agreement that those spyware companies will have to agree with, to make users "feel" safe. But it'll actually be about as effective as the security behind "Signed" ActiveX controls.

      That's what Microsoft is all about. Creating a system which it monopolies and raking in money from it.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    3. Re:Okay then, heh. by Anita+Coney · · Score: 1

      Heck, I thought of a real world example to back it up. Microsoft gives away its media player free to consumers. By default it infects all ripped files with DRM. The licensing agreement allows Microsoft and "third parties" to delete files and programs on your computer. Microsoft received money from third parties to play DRM infected files. And best of all, it allows third parties to download spyware and viruses onto your computer. Microsoft says that this is not a flaw, which means it must have been done intentionally.

      http://www.techspot.com/story16774.html

      Like I've said, numerous times before, Microsoft DOES NOT CARE ABOUT THEIR CUSTOMERS. It only cares about keeping its monopolies and making ridiculous profits.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    4. Re:Okay then, heh. by Anonymous Coward · · Score: 0

      You haven't thought this through very well.

      Was the first version of Internet Explorer that much better than Netscape 3 (the current version at the time)? How much does Internet Explorer Enterprise go for?

  53. iSearch and iDownload are wonderful! by 314m678 · · Score: 4, Funny
    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.

  54. Why the bitching??? by Anonymous Coward · · Score: 1, Funny

    I hope that iDownload actually gets away with this, so I can continue to make fat bank cleaning their shit off of hapless users' systems.

    If I had a nickel for every dollar I've made cleaning spyware off systems...I'd have 5% more wealth than I accrued initially. ^_^

    1. Re:Why the bitching??? by Anonymous Coward · · Score: 0

      > I hope that iDownload actually gets away with this

      Gets away with what? Sending a letter? Anybody can send a letter, asking for anything. Getting them to comply is another matter, although some people seem to confuse a C&D letter with a court order, and would do just about anything requested if they received one. Shame on them.

  55. Re:How to make them stop quacking? by jellisky · · Score: 1

    I've always preferred tactical nukes, but I'm pretty cavalier about collateral damage. YMMV.

    -Jellisky

  56. I think it is time to go retro with the courts. by jd · · Score: 1
    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.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:I think it is time to go retro with the courts. by AceCaseOR · · Score: 1

      Ehh... I'd use swords with a shorter reach. That keeps iDownload from getting inside the reach of someone with a broadsword, stabbing them in the eye with the pen, and then taking the broadsword.

      --
      Zagreus sits inside your head, Zagreus lives among the dead, Zagreus sees you in your bed and eats you in your sleep.
    2. Re:I think it is time to go retro with the courts. by The+Angry+Mick · · Score: 1

      I don't know, man. John Cusack was pretty badass with a ballpoint in Grosse Point Blank. :-)

      --

      I'm not tense. I'm just terribly, terribly, alert.

    3. Re:I think it is time to go retro with the courts. by TheHawke · · Score: 1

      bah.. Gimme a double-fox 12 gauge and let's be done with it. This guy's a small-timer that needs to be put out of our misery.

      --
      First rule of holes; When in one, stop digging.
    4. Re:I think it is time to go retro with the courts. by Anonymous Coward · · Score: 0

      I wager four quatloos on the outlanders.

    5. Re:I think it is time to go retro with the courts. by AceCaseOR · · Score: 1

      But... but... what about the stabbity goodness?

      --
      Zagreus sits inside your head, Zagreus lives among the dead, Zagreus sees you in your bed and eats you in your sleep.
    6. Re:I think it is time to go retro with the courts. by karnal · · Score: 1

      the pen is mightier

      Isn't that a celebrity Jeopardy question?

      --
      Karnal
    7. Re:I think it is time to go retro with the courts. by geminidomino · · Score: 1

      Some people have no sense of style.

    8. Re:I think it is time to go retro with the courts. by geminidomino · · Score: 1

      I think I saw something like that in a spam subject.

      "Is your pen1s mightier than the sword?"

  57. automate it! by realitybath1 · · Score: 0

    rewrite their code so that your computer hijacks their toolbar so that everytime it would normally perform an "Assware" function, instead it sends them a cease and desist 'ceasing and desisting' fax/email/im/voip/messenger/snailmail/telegraph/te lsa energy transmission/etc.

  58. Semantics by heir2chaos · · Score: 1

    Ok, this all comes down to jargon. Maybe, instead of labelling these malicious and/or annoying applications as spyware or malware, these individuals who decide what is spyware and malware and report to us recommendations instead of labels. They can recommend for us not to use certain applications and even put down reasons why. Honestly, most of them already do this, but for some reason in our polictically correct world, words that generalize kill us. To me, if I didn't expressly ok you to install your product on my machine, and it got there, then your product is spyware/malware. I don't know if this is the case with IDownload, but being a toolbar, I'm assuming it is the case.

  59. Re:How to make them stop quacking? by AceCaseOR · · Score: 1

    Two words: Thor. Shot.

    --
    Zagreus sits inside your head, Zagreus lives among the dead, Zagreus sees you in your bed and eats you in your sleep.
  60. So, are they going after Microsoft as well? by Otto · · Score: 1

    Microsoft AntiSpyware identifies iSearch as a threat too. Pops up a warning in big red colors when you try to install it, if you have AntiSpyware doing real-time monitoring.

    So, is iDownload beginning proceedings against Microsoft too? Or are they just sending out C&D's without actually backing them up? Sort of a hopeful C&D..

    The real answer to inane C&D's like these is to ignore them. Anybody can send a C&D for anything. If they actually want to take it to court, then let 'em. They'd lose, they know it, so don't worry about it.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    1. Re:So, are they going after Microsoft as well? by Anonymous Coward · · Score: 0

      >Sort of a hopeful C&D.

      That's all a C&D letter is. A less polite request.
      But since it's in writing, it can be used as evidence that a reasonable request was made, if it ever comes into question according to legal process. You usually are not allowed to initiate a legal process like a lawsuit before you've made some reasonable attempt to resolve your issue, and the C&D letter is one way to do that.

      But it's just paper, it is not an order until it's made an order by a judge, and it's no more or less evidence than any other letter.

      Never comply with a C&D letter, unless it is demanding action that you would have complied with anyway. I'd take it a lot further. If I got a C&D letter making some demand, where I would have been happy to comply had I been asked nicely, I won't do a damned thing after that.

      But then, I'd let them take me to court. I'm not afraid of the cost of a hearing; I've done it enough times.

  61. You should report that to ICSA by Sycraft-fu · · Score: 4, Interesting

    They may decide to go after iDownload for it.

    1. Re:You should report that to ICSA by Paradise+Pete · · Score: 0, Flamebait
      All my foes are spelling or grammar Nazis

      All my foes are people who in trivial ways toss around the word Nazi.

    2. Re:You should report that to ICSA by Sycraft-fu · · Score: 2, Insightful

      Well if you are going to get bitchy about that, I suggest yelling at Larry David, Jerry Seinfeld, Spike Feresten, and Andy Ackerman. It really gained popular usage after the infamous "Soup Nazi" episode.

      Or maybe you should just chill out and admit that it can be used as a generic term to refer to someone who is rather facist about something. It can even by funny, certianly was on the Soup Nazi episode.

      But hey, you do what you like, if adding me to your foes list will make you happy, go ahead and do just that.

  62. Holding their feet to the fire by blanktek · · Score: 3, Informative
    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 which has a real address in nevada. It seems like it is some type of holding company http://www.nvcorpserv.com/ because there are other legit looking business with different owners. Some are overseas owners ex. http://www.xericdesign.com/cv.php 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.

  63. Mailing Address? by rdavidson3 · · Score: 1

    I was wondering if the cease and desist letter sent has a valid mailing address, or is the return letter to iDownload going to come back as not deliverable or something. And if there is an address, does it match the address given on iDownload's website? Then again, if I was the owner of iDownload, I wouldn't open any of mail either. I suggest that somebody find these people, and throw them in "Pound-me-in-the-ass" prison and have someone turn their ass-holes into man-holes

    1. Re:Mailing Address? by Anonymous Coward · · Score: 0

      I'm wondering why anyone ever responds to a C&D letter at all. If it's not signed by a judge, it's not an order, period. It's toilet paper. It is nothing more than a letter making a requet for you to alter your behavior, if you so choose. It might enumerate possible consequences if you refuse, etc., but that's a spearate issue. A C&D letter has no more legal merit than a birthday card. Make them get a court order. Insist that you have a hearing on the question. Insist that it be heard by a jury. In most states, it's your right to insist on a hearing, and to have a jury present, and it is not as expensive as you've been led to believe. I've done it for less important issues.

  64. Does iDownload need a problem? I'll give them one. by Mr.Fork · · Score: 5, Interesting

    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. :)

    --
    Management is doing things right; leadership is doing the right things. - Peter F. Drucker
  65. EFF? by Lord_Dweomer · · Score: 1
    Is this something the EFF would consider getting involved in?

    --
    Buy Steampunk Clothing Online!
  66. Austinite to check it out... by yttrium · · Score: 1

    That address is downtown Austin, and I'll run by there to see if it's just a mailstop. Anyone already checked for this?

    1. Re:Austinite to check it out... by 787style · · Score: 1

      It's not just a mailstop. And it's not just iSearch either. http://www.inprointernational.com/contact.htm

    2. Re:Austinite to check it out... by c170 · · Score: 1

      It's also the address of Armadillo Software Corporation (www.dillo.com).

  67. Their hosts are regular spammers too by Anonymous Coward · · Score: 0


    dig @mydns idownload.com A

    216.130.187.146

    host 216.130.187.146
    hop5.webair.com

    google groups on webair.net

    whois -h whois.arin.net

    OrgName: Webair Internet Development Inc
    OrgID: WAIR
    Address: 333 Jericho Tpke
    Address: Suite 200
    City: Jericho
    StateProv: NY
    PostalCode: 11753
    Country: US

    NetRange: 216.130.160.0 - 216.130.191.255
    CIDR: 216.130.160.0/19
    NetName: WEBAIRINTERNET
    NetHandle: NET-216-130-160-0-1
    Parent: NET-216-0-0-0-0
    NetType: Direct Allocation
    NameServer: NS.WEBAIR.NET
    NameServer: NS2.WEBAIR.NET
    Comment: ADDRESSES WITHIN THIS BLOCK ARE NON-PORTABLE
    RegDate: 2001-03-12
    Updated: 2001-11-14

    all domains are US owned and operated

  68. TO: webmaster@isearch.com> by zcat_NZ · · Score: 1

    From:
    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
    identifiable data.

    Just informing you in advance that my children are aged 8 and 10, and have access to a number of computers running Windows. I've checked (using SpyBot) that your 'toolbar' is not currently installed on any of my computers, but if by chance it gets accidentally installed in future I ask that you do not collect any personally identifiable information as laid out in your EULA. You can most reliably do this by blocking the following address ranges that my dynamic IP is allocated from; 210.54/15, 202.27/24, 202.53.180/24 and 222/8 (there's a few /24's in there allocated to my ISP, the rest is mostly China so you might as well block the whole thing)

    Thanks heaps,

    zcat. (Bruce Kingsbury )

    --
    455fe10422ca29c4933f95052b792ab2
  69. How? by clean_stoner · · Score: 1

    Somewhat offtopic, but how do people get spyware on their computers in the first place? Reading this article reminded me I hadn't checked for a while, so I did. Upon launch Adaware informed me I hadn't run it in 163 days, so I updated, scanned, and had problems, all of which were just cookies. Nothing but cookies and I hadn't scanned for five months. Sure I use Firefox, but beyond that I don't really take any proactive measures to protect my computer, so how do people get theirs so trashed?

    --

    Sigs are for the weak.

    1. Re:How? by Tuxedo+Jack · · Score: 1

      They use Internet Explorer with the default settings and go to websites.

      Seriously, if you're going to use IE, secure it! Admittedly, it's a lot of work (SpywareBlaster, Sun Java Machine 1.5, IE-SPYADs, _maybe_ Proxomitron, SP2), but it's a hell of a lot better than an infested machine!

      --

      Striking fear in the authors of godawful fanfiction, I am here, appearing in darkness, Tuxedo Jack!
    2. Re:How? by YrWrstNtmr · · Score: 1
      Somewhat offtopic, but how do people get spyware on their computers in the first place?

      A supercool new 'toolbar'. Or a 'password wallet'. Or some shareware game.

      The thing is...all these things are installed by the user. Not just a drive-by kind of thing, where you get stuck simply by going to a particular website. These are things that the user 'thinks' s/he wants. But they get the obnoxious stuff with it.

    3. Re:How? by JTorres176 · · Score: 1
      I'm not sure how it works for most people, but I find spyware becomes installed right before I hear the phrase...

      "Honey, look at this neat screensaver/icon/cursor/toolbar that I downloaded for my computer!"

      --
      Evil Walrus >83=
    4. Re:How? by g0hare · · Score: 1

      Also nobody seems to know how to run as a limited user account. example: The state of Florida has a website my company needs to use, and there's an ActiveX controll that needs to be installed. My users are all just plain users, no power users or anything. When my junior tech called the state, they said the solution was to make the users all administrators of their computers! Well, I fixed it without the aid of their "tech support" just fine. Also, so many companies write software that seems to want evryone to be admn it can become overwhelming. Why software companies can't afford to buy a copy of XP and try their software out as a limited user I don't understand. NT 4 was released I think 9 YEARS ago, and they still don't understand limited users?

      --
      Vote Quimby!
    5. Re:How? by lowrydr310 · · Score: 1
      The yahoo toolbar is pretty sneaky. When you sign up for a new yahoo account, there's check box that's buried on the signup page that authorizes them to install the Yahoo! toolbar when you click to proceed to the next step of account registration.

      Does the Yahoo! toolbar get installed without the users permission? No, however the checkbox to authorize it is checked by default and it's not easy to find if you're rushing through the installation process.

  70. Re:Does iDownload need a problem? I'll give them o by Anonymous Coward · · Score: 0

    oooh please do, perhaps you should colab with Ben Edleman (lawyer with a penchanct for collecting spyware evidence) slap those scumware peddlers as hard as you can

    --AJ

  71. Spyware Everywhere by Sundroid · · Score: 2, Informative

    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

  72. Eric Howes got one too. by Tuxedo+Jack · · Score: 1

    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.

    --

    Striking fear in the authors of godawful fanfiction, I am here, appearing in darkness, Tuxedo Jack!
    1. Re:Eric Howes got one too. by suzihatesspyware · · Score: 1

      I don't know anything about Eric Howes getting one, but I got one, posted here:

      http://netrn.net/spywareblog/archives/2005/02/22 /i downloads-product-is-not-malware/

      --
      Suzi, Spyware Warrior
  73. Damn, that's one nasty.... by Anonymous Coward · · Score: 1, Informative

    EULA.

    Only removal by going to address http://toolbar.isearch.com/uninstall. (I think I'm going to make that my homepage now. :-))

    Can't dispute anything - have to go through arbitration.

    Oh, and can't use any 3rd party tool to remove the software. nice.

  74. That's called barratry by Travoltus · · Score: 1

    Trust me, that would be a bad thing. With bad consequences.

    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
    1. Re:That's called barratry by Anonymous Coward · · Score: 0

      I thought barratry was intentionaly sinking a ship to commit insurance fraud. I would call what you're talking about "harassment" and counter-sue.

    2. Re:That's called barratry by captwheeler · · Score: 1

      ya right. will SCO be sued for barratry, or are lawyers smart enough to cover-their-ass and harass with a plausible-but-bs case?

      --

      Thanks for putting on the feedbag. Thanks for going all out. Thanks for showing me your Swiss Army knife.

  75. not the right attorney for the job? by sugarbomb · · Score: 1

    Kind of get the feeling they hired the first attorney they could find, and a guy who is not likely to have a lot of experience in a case like this

    the web site for Mark Hopkins describes him as "Mr. Hopkins litigation practices focuses heavily on matters relating to real estate transactions, construction matters, and state taxation issues. Mr. Hopkins also has considerable experience in litigating personal injury and wrongful death matters, as well as handling complex insurance coverage matters in both State and Federal court."

  76. Dear Microsoft by Anonymous Coward · · Score: 0

    Dear Microsoft:

    This firm represents iDownload.com with respect to your inaccurate classification of
    iDownload's software product, iSearch 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, iSearch, 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.

    Your comment violated the "postercomment" compression filter. Try less whitespace and/or less repetition. Comment aborted.

  77. i Download.com Better Business Bureau CUSTOMER EXP by Numeric · · Score: 1

    You can go their web site, click on the link for the BBB than click on the link "BBB Background Information on iDownload.com". There's more information on the page.

    here's the direct link:
    http://www.data.bbb.org/reno.asp?yid=110009 49

    Closed Complaints
    Number of complaints processed by the BBB since the firm's BBB file was opened in June of 2003: 9
    Number of complaints processed by the BBB in last 12 months: 7

    Complaints Concerned
    Advertising Issues: 1
    Outcome of the complaint -
    Resolved: 1

    Guarantee or Warranty Issues: 1
    Outcome of the complaint -
    Resolved: 1

    i Download.com
    264 Village Blvd Suite 201
    Incline Village, NV 89451

    Product Quality Issues: 4
    Outcome of all complaints -
    Resolved: 4

    Customer Service Issues: 2
    Outcome of all complaints -
    Resolved: 2

    Credit or Billing Issues: 1
    Outcome of the complaint -
    Resolved: 1

    --
    -- ladies and gentlemen we are floating in space!
  78. Re:Does iDownload need a problem? I'll give them o by Travoltus · · Score: 4, Funny

    Little Baby fascist corporation, meet Big Daddy fascist Government and his +2 barbed wire belt of spankalicious wrath...

    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
  79. Re:Does iDownload need a problem? I'll give them o by Tuxedo+Jack · · Score: 1

    Same thing with education employees who work with Special Education students - that data's considered confidential by Texas state law, and there's penalties for leaking it.

    The sad thing is, I see this all the time, and even if I clean it and give the user Firefox, it usually comes back, since the web sites they have to visit to fill out state forms are usually coded for IE-only.

    --

    Striking fear in the authors of godawful fanfiction, I am here, appearing in darkness, Tuxedo Jack!
  80. Re:Does iDownload need a problem? I'll give them o by Anonymous Coward · · Score: 0

    well dont install them.

    you gave that power to allow those to be installed by ALLOWING ANYTHING to be installed.

    you failed at your job if that level of security is needed.

    it wouldnt fall under espionage laws because its not espionage.

  81. I Call Your Baby Ugly by yo_tuco · · Score: 1

    How many parents think their baby is ugly? I think we have a case of that now with spyware companies. Spyware only a mother could love.

  82. They do! by bluGill · · Score: 1

    Frivolous lawsuits can get lawyers disbarred. I think a judge has done this - that is one judge once.

    Once in a while a lawyer will be fined for bringing a frivolous lawsuit, but not often. Being lawyers, they tend to fight as much as they can.

  83. Sic Apple on iDownload by Junior+J.+Junior+III · · Score: 1

    iThink iHave found a suitable target for the Apple Legal Team.

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
  84. Re:How to make them stop quacking? by TheHawke · · Score: 1

    #8s? nonono.... #4 buck 3.5" magnums.

    --
    First rule of holes; When in one, stop digging.
  85. Re:Does iDownload need a problem? I'll give them o by AceCaseOR · · Score: 1

    Now, what 'cha do, is, through some convaluted logic, show that the personal information observed by the iDownload people is getting into the hands of terrorists, and then watch the SWAT teams decend on their offices.

    --
    Zagreus sits inside your head, Zagreus lives among the dead, Zagreus sees you in your bed and eats you in your sleep.
  86. Obligatory quote by j-turkey · · Score: 1
    I've always preferred tactical nukes, but I'm pretty cavalier about collateral damage. YMMV.

    I say we dust off; nuke the site from orbit - it's the only way to be sure.

    --

    -Turkey

  87. To Quote My Main-Man Willy by Primotech · · Score: 0

    "Spyware by any other name..."

  88. Re:Does iDownload need a problem? I'll give them o by Renraku · · Score: 1

    It does in fact fall under espionage laws. The government shouldn't have to waste the money to train all their employees in resisting torture, nor should they all be forced to learn how to avoid spyware.

    You as an IT manager could lock down their PCs enough to where spyware couldn't get in. Your job probably has a big slice of 'information security' thrown in there.

    Of course, I think even attempted espionage, or conspiracy to commit is illegal. So you could just log all attempts and send it to the higher ups.

    --
    Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
  89. muzzleware & hogware by welnish · · Score: 1

    Suggest two new categories.
    1. MUZZLEWARE - companies that send cease & desist letters.
    2. HOGWARE - Software where the cost of running exceeds the benefits recieved. Then like a COW rating from tucow's there could be a HOG rating.. Maybe you could run a 1H or a 2H, but not four 1H programs. Then we rate systems by PEN size, With a PENSIZE=6, ie. you can handle six hog load and still be usable.

  90. Re:How to make them stop quacking? by TheHawke · · Score: 1

    Is the reference to Thor what i'm thinking of? IF it aint, then email me for the URL and i'll send it to you..

    --
    First rule of holes; When in one, stop digging.
  91. THIS JUST IN by PacketScan · · Score: 1

    The Original Creator of the Klez has written via certified mail to the top A/V compaines if his software isn't de-listed he's going to file lawsuits for defamation of character.

    - Guess everyone *could* try this.

  92. Re:How to make them stop quacking? by AceCaseOR · · Score: 1

    Nope, Shadowrun Reference. A Thor Shot is a kinetic energy strike. Think Big Rock dropped on you from orbit.

    --
    Zagreus sits inside your head, Zagreus lives among the dead, Zagreus sees you in your bed and eats you in your sleep.
  93. Here is the second paragraph by Anonymous Coward · · Score: 0

    2. Functionality - Software delivers advertising and various information and promotional messages to your computer screen while you view Internet web pages. iSearch is able to provide you with Software free of charge as a result of your agreement to download and use Software, and accept the advertising and promotional messages it delivers.

    By installing the Software, you understand and agree that the Software may, without any further prior notice to you, automatically perform the following: display advertisements of advertisers who pay a fee to iSearch and/or it's partners, in the form of pop-up ads, pop-under ads, interstitials ads and various other ad formats, display 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; redirect certain URLs including your browser default 404-error page to or through the Software; provide advertisements, links or information in response to search terms you use at third-party websites; provide search functionality or capabilities; automatically update the Software and install added features or functionality or additional software, including search clients and toolbars, conveniently without your input or interaction; install desktop icons and installation files; install software from iSearch affiliates; and install Third Party Software.

    In addition, you further understand and agree, by installing the Software, that iSearch and/or the Software may, without any further prior notice to you, remove, disable or render inoperative other adware programs resident on your computer, which, in turn, may disable or render inoperative, other software resident on your computer, including software bundled with such adware, or have other adverse impacts on your computer.

  94. bust da perpatrators by Anonymous Coward · · Score: 0

    I say ta stone cold bust da perpatrators staight up. Tell dem aint no need fo none a dem spyshit wares. Word.

  95. Ob. by Anonymous Coward · · Score: 0

    The problem with lawyers is 90% make the other 10% look bad.

  96. Re:Wow. Just... wow. by databyss · · Score: 1

    Except the post wasn't anti-Microsoft.

    It was an observation that iDownload would be crushed if they tried their bullshit against a company with the massive amount of resources that Microsoft has.

    --
    Hmmm witty sig or funny sig? Maybe elitest techy sig!
  97. A good point by RaguMS · · Score: 1

    If it did get into the court system, the court may end up legally defining spyware.

    You bring up a good point. Besides loose 'accepted' definitions, anti-spyware technologies typically rely on someone's opinion of which programs are spyware. Anyone who would stand up to multiple court cases would require a law or standard defining EXACTLY what spyware IS. Such a law may end up being a compromise between the really nasty spyware (programs that enter the computer without the user ever getting a chance to become aware of them) and software that requires some sort of action on the part of the user for it to be installed.

  98. What this article would have said .... by bigjnsa500 · · Score: 0, Offtopic
    in Gangsta Translation:

    Posted by timothy on Wednesday February 23, @01:33PM from tha o-muerta dept.
    Dizzy Mizzay writes "Accord'n ta this article over on DSL Reports , yet bitch spyware author, iDownload, has bizzy send'n out ceaze n desist shot calla ta sites that classify they iSearch toolbar as Spyware. Some research reveals thiznat yes, iSearch really does takes over motherfucka gangsta . A search on Spyware Guide also turns up a writeup on iSearch ."

    --
    This is a test. This is a test of the emergency sig system. This has been only a test.
  99. iDownload Affiliate License Agreement: by ericandrade · · Score: 1

    TERMS AND CONDITIONS:

    1) All Affiliates, contacts and payees must have reached the age of majority under applicable law where they reside and/or do business, and must be no younger than 18 years of age in any case. You represent and warrant that you have reached the age of majority under the laws of the state or locality where you reside and/or do business.

    2) Only one account is allowed per company or organization unless prior approval has been granted directly by our administrators.

    3) We currently offer four payment program. The rates are indicated as follows:

    Pay Per Sale: $20.00USD for each referred customer (signup) that purchase an iDownload.com product via Visa(TM), Mastercard(TM), Discover(TM), American Express(TM), JCB(TM), Diner's Club(TM), ACH, or Pay Pal(TM).

    Webmaster Referral: 10% for each affiliate referred into the iDownload affiliate program by your "Referral"linking codes. You earn 10% of the net income that the referred affiliate earns.

    Search Engine Revenue: 60% of all search revenue generated through the iSearch search engine and referred by your linking codes. Calculation of your earnings is based upon the net revenue that is paid to iSearch by advertisers and will vary depending upon the geographic location of the user and the terms searched for.

    Pay Per Download: 25 cents for each unique US or Canadian computer desktop that does not currently have and has not previously had the iSearch Product Bundle and that receives and completes installation of the Product bundle as a direct result of visiting one of the iDownload promotional download products. Other countries are paid at the rate of 1 cent per unique user.

    Pay Per Install: 10 cents for each unique US or Canadian, 5 cents for each unique UK computer desktop that does not currently have and has not previously had the iSearch Product Bundle and that receives and completes installation of the Product bundle. Other countries (except those listed specifically in our banned country list) are paid at the rate of 2 cents per unique user.

    Additional programs may be introduced and will be governed by these Terms & Conditions.

    4) We will pay you for signups to the program website(s) received from a banner(s), text link(s) or blind link(s) served from your website. The amount you are paid is listed in section 3 above and & is subject to change without notice.

    5) We DO NOT PAY FOR PURCHASES, DESKTOP INSTALLATIONS OR SEARCHES from the following countries: Andorra, Afghanistan, Argentina, Bangladesh, Bulgaria, Brunei Darussalam, Brazil, Belarus, Chile, China, Colombia, Costa Rica, Czech Republic, Dominican Republic, Ecuador, Estonia, Egypt, Finland, Fiji, Grenada, Greece, Hungary, Indonesia, Iraq, Iran, Israel, India, Iceland, Jamaica, Jordan, Kuwait, Cayman Islands, Kazakhstan, Lebanon, Sri Lanka, Malta, Mauritius, Malaysia, Nicaragua, New Zealand, Oman, Panama, Peru, Philippines, Pakistan, Poland, Puerto Rico, Portugal, Paraguay, Romania, Russian Federation, Singapore, Slovenia, El Salvador, Thailand, Tunisia, Turkey, Trinidad & Tobago, Ukraine, Uruguay, Venezuela, South Africa, Zimbabwe. Traffic from the mentioned countries MAY be redirected and you will not be reimbursed or paid in any way for those surfers.

    6) Encouraging refund requests, cancellation of service, incentivizing clicks, generating automated clicks or desktop installs or engaging in any other promotional activities which we deem fraudulent will subject your account to termination and/or forfeiture of any funds owed to you.

    7) Payments are sent on the 8th for the period of the 16th-31st of the previous month, and on the 22nd for the period of the 1st-15th of the current month. You will only be paid if your account balance is at least $50.00. In the event that the scheduled payment date falls on a weekend or federal holiday, payments will be issued the following business day.

    8) Illegal E-mail spamming is strictly prohibited. This includes e-mail spamming, newsgroups, a

  100. Re:Here is the second paragraph by Anonymous Coward · · Score: 2, Insightful
    In addition, you further understand and agree, by installing the Software, that iSearch and/or the Software may, without any further prior notice to you, remove, disable or render inoperative other adware programs resident on your computer, which, in turn, may disable or render inoperative, other software resident on your computer, including software bundled with such adware, or have other adverse impacts on your computer.
    They just admitted they were adware at the very least!
  101. Jagware. Call it Jagware by dotmax · · Score: 1

    We shall define Jagware as any software which offends the corpus of the /. community, for any reason. The Jagware designation shall be bestowed by popular acclaim as measured by stochastic analysis of /. postings. Once designated Jagware, a program shall be so designated for all time, or until a special declaration is affirmed by popular acclaim in /. Jagware may optionally be extensible i.e. bloated/spying/overpriced Jagware. This list of extensions is illustrative and not comprehensive.

  102. My response.... by Eradicator2k3 · · Score: 1

    ...would have been along the lines of: "Your concern over the possible defamation of your 'valuable' brand name has been forwarded to the Microsoft and Symantec legal departments, as their anti-spyware software products definition of iDownload's product as "spyware" was used by the author of the *offending* article under fair use. Thank you for your attention in this matter."

    --
    Mr. T pitied this fool on 27 July 1992.
  103. I'm a Soup Nazi, you insensitive clod! by Anonymous Coward · · Score: 0

    If you've lost you're sense of humor, than the terrorists have won! Thank you, Mr.Politically Correct! We'll just call overbearing asses like you National Socialists, instead

  104. Should the term Virus include Spyware? by Anarcho-Goth · · Score: 1

    Why don't we just nip this in the butt now and label them what they actually are then, viruses.

    I'm sure there are others out there reading this thinking (and I'm thinking it myself):

    Virus != Worm != Trojan != Spyware

    hmmmm...

    Well, Spyware probably does equal Trojan but I digress.

    The problem is that the masses of ignorant computer users get confused when using specific and correct terminology. I remeber there was a time when spam refered exclusively to "usenet spam" and that which had a Breibart Index >= 20. Well, now we all accept the term to include "email spam." Also, when we started having real (not goodtimes) email viruses (thank you microsoft) I would usually refer to them as "trojan email worms." Seems silly now.

    I guess we have to give in and dumb down the language like the mainstream media does and include spyware under the umbrella of "virus" along with worms, trojans and other malware.

    To say nothing about the satisfaction of these assholes going to prison for what I think most of us agree are criminal acts.

    --
    I hate Liberals and Conservatives.
    If you are a Liberal or a Conservative, then HAVE A NICE DAY!
    Courage.
    1. Re:Should the term Virus include Spyware? by NoMaster · · Score: 1
      Why don't we just nip this in the butt now and label them what they actually are then, viruses.

      I'm sure there are others out there reading this thinking (and I'm thinking it myself):

      Virus != Worm != Trojan != Spyware
      Actually, I was thinking "Y'know, 20 years ago people understood the common everyday phrases they used - or, at least, they knew what the words actually were, and could hazard a guess as to how they came about. What's happened since then to change that?"

      "Nip this in the butt" indeed...
      --
      What part of "a well regulated militia" do you not understand?
  105. for right now by Anonymous Coward · · Score: 0

    granted when i have to admin windows systems this could cause problems (altho theres aways back up docuemts and reforamt) my linux system dose not seem to get much spyware. odd...

  106. Why not send iDownload cease and desist letters by sxmjmae · · Score: 1

    If iDownload products are cause you to get extra pop up adds you have the right to tell them to cease and desist.

    After the more pop up ads you get the more it costs your ISP to transfer those bytes and is reflected in the cost you pay to get your internet connection.

    Just have a class action lawsuit for all the slashdot members against iDownloads for increasing their internet fees. Or if really want to tick them off have every Slashdot member sue them in civil court for a small amount. Just like a server the company would go up in flames with the legal cost associated with handling each case.

    The Govenment really needs to get on board and start defining what spyware is and then out law it.

    --
    My Sig indicates the end of the comment I posted.
  107. Medicine from poison by RM6f9 · · Score: 1

    Although the suit in its existence is distasteful, it may prove useful in providing actual legal precedent and legal definitions of what constitutes spyware, malware, foistware, data miner, etc..., rather than the fallback argument: "It's like art: I don't define it in words, but I know it when I see it."
    It may prove very useful indeed, especially in drawing lines between legitimate competition and outright libel as verious anti-spyware and anti-virus software firms attempt to gain market share.

    --
    Take the 90-Day Challenge! http://rwmurker.bodybyvi.com/
    1. Re:Medicine from poison by RM6f9 · · Score: 1

      "various", even - durn my clumsy fingers.

      --
      Take the 90-Day Challenge! http://rwmurker.bodybyvi.com/
  108. But then again by Pac · · Score: 4, Funny

    Do you know the difference between a sewer rat and a lawyer?

    One is a dark creature that crawls in filthy dejects and spreads panic and pain wherever it shows. The other is a small rodent.

    1. Re:But then again by webgiant · · Score: 1

      Do you know the difference between a sewer rat and a lawyer? One is a dark creature that crawls in filthy dejects and spreads panic and pain wherever it shows. The other is a small rodent.

      Do you know the difference between a guy who hires a lawyer for his defense and a guy who tries to defend himself without a lawyer?

      The grease spot on the floor of the courtroom tried to defend himself.

      Sure, its not as funny as the "lawyers are bad, m'kay" joke, but when it comes down to it, you'll beg for a lawyer if your ass is on the line, and you'll like it.

    2. Re:But then again by Anonymous Coward · · Score: 0

      Methinks that thou doth protest too much ... methinks that thou must be one of those jackass lawyers.

  109. (U) Uninstaller by omry_y · · Score: 1

    http://www.idownload.com/products/index.php :

    Quote:
    "Easily remove unwanted software, keep installations "honest" and keep your system in tip top shape."

    I wonder if using this installer help getting rid of the rest of their products.
    question is, how does one removes the uninstaller when his computer is clean and shiny?

    --
    Omry.
    1. Re:(U) Uninstaller by templest · · Score: 0
      question is, how does one removes the uninstaller when his computer is clean and shiny?
      Delete it?
      --
      I'm a signature virus. Please copy me to your signature so I can replicate.
  110. Re:Does iDownload need a problem? I'll give them o by izomiac · · Score: 1

    So, under the same logic, a spy shouldn't be punished (captured/whatever) until they succeed, but if they do succeed then they aren't at fault because the facility wasn't secure enough? Only one part of security is making sure that your defenses are adequate, the other part is reducing the likelihood of attack.

  111. Except... by Hamster+Lover · · Score: 1

    California is a SLAPP (stategic lawsuits against public participation) state. CastleCop could file a SLAPP counter claim and have the original suit tossed and costs awarded. The SLAPP legislation is intended for circumstances such as this, matters of public interest, and the discussion of what constitutes Spyware may never see the light of day.

    I am not saying the counter claim would be easy or cheap, but it is definitely something that iSearch should consider.

  112. what is needed badly by m2bord · · Score: 1

    is a legal defininition of adware (for purposed of this argument, let's drop the spy/mal/foist monikers. the ultimate goal of all these programs is to get advertising in front of you, the enduser. what is needed (and will never happen under the current administration) is for the ftc and congress to make it illegal to install any piece of software on to a pc, that goes for java applets too, which would devote any cpu cycles for any purpose not explicitly approved of by the owner of the cpu.

    --
    Is it 5:30 yet?
  113. /.ed already by DownTownMT · · Score: 1
    There seems to have been a slight problem with the database. Please try again by pressing the refresh button in your browser.

    Database error in Link-ID == false, connect failed
    mysql error: Can't connect to MySQL server on 'hop2db' (49)
    mysql error number: 2003 Date: Wednesday 23rd of February 2005 03:41:45 PM Script: / Referer: http://toolbar.isearch.com/uninstall/

    --
    "Insert Sig Here"
  114. The problem with "loser pays" systems by nasor · · Score: 2, Insightful

    The problem with "loser pays" systems is that not all lawsuits are clear-cut cases of someone trying to screw over someone else. Although you don't generally hear about them on Slashdot, there are plenty of disputes that end up in court where it's genuinely unclear which party is in the right, and neither side is engaging in outrageous behavior.

    1. Re:The problem with "loser pays" systems by doodlelogic · · Score: 1

      but in a loser pays system such ambiguous cases are usually settled...

    2. Re:The problem with "loser pays" systems by VersedM · · Score: 1

      The problem with "loser pays" systems is that not all lawsuits are clear-cut cases of someone trying to screw over someone else.

      This isn't a problem at all with loser pays... It is just a risk of taking your dispute to the legal system.

      Given the incredibly over-litigious atmosphere in the US today, a reasonable disincentive to bringing suit is a "Good Thing." Even if a few reasonable lawsuits are discouraged, the effect on the avalanche of frivolous lawsuits that clog our courts and poison our discourse would be an enormous net positive to society.

    3. Re:The problem with "loser pays" systems by canavan · · Score: 1

      The looser would not neccessarily have to pay the full cost. The cost awarded to the winner may be any fraction of the whole cost of the lawsuit at the discretion of the judge, but usually one would expect it to depend on e.g. the demands of the sueing party compared to the actual awards they get - this may also discourage the outrageous damages cited in some lawsuits (e.g. by RIAA or MPAA).

    4. Re:The problem with "loser pays" systems by AndrewRUK · · Score: 2, Interesting

      (N.B.: IANAL)
      The UK has a "loser sometimes pays" system, where the courts can make the loser in a civil case pay part or all or the winner's legal costs, but doesn't always make a costs award.

      For an extreme example, consider Bruce Grobbelaar's libel action against The Sun newspaper - he was awarded damages of £1, and his legal costs were estimated at £1 million. (Grobbelaar was a football [soccer] goalkeeper who was accused by The Sun of taking bribes to fix matches by letting in goals. Because he didn't actually let in any goals, The Sun had libeled him, but because (in the words of one of the judges) "he had acted in a way in which no decent or honest footballer would act, and in a way which could, if not exposed and stamped on, undermine the integrity of a game which earns the loyalty and support of millions", he got only nominal damages.)

      With "loser may pay, but it's not automatic", you get the benefits of loser pays (discouraging frivilous/intimidatory claims) which at the same time not preventing genuine disputes from beign brought to court.

  115. sue them by Delucia · · Score: 0

    how about a class action suit against those #$%#?>*&*$>?

  116. Re:Does iDownload need a problem? I'll give them o by Locke2005 · · Score: 1

    Right... and it's the lockmakers fault if somebody breaks into my house, because obviously he has failed at his job of keeping my house secure...

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  117. Re:Not Spyware? A rose by any other name is.. by swordfishBob · · Score: 1

    Who cares what it's called. Can anti-spyware vendors alter their programs just a little, so they tell the user (in simple-ish) terms what the software does, what it claims to do, and give them the option of deleting it anyway?

    Kind of like an enhanced "Add and remove programs" app that isn't reliant on the app playing nicely..

    --
    -- All your bass are below two Hz
  118. Response from Techie at iDownload.com by chompadventures · · Score: 1

    Well, I went onto the iDownload.com site and found a Live Support button. It allows you to enter your name and a question. So I asked the Live Support person how I could uninstall the iSearch.com toolbar. Here is the response that I got:

    iDownload Tech (Mark): iSearch is its own independant company that markets many affiliate programs. I believe they have removal instructions and an automatic removal tool on their FAQ page at isearch.com. You can also use this link: http://toolbar.isearch.com/uninstall/ I don't know any other info about their company or software.

    According to the page he sent, you have to use the iSearch.com uninstall program, as no thrid party programs will be able to uninstall it. I just wonder what the uninstaller installs while it is running on your machine.

  119. Violation of the EULA by virg_mattes · · Score: 4, Insightful

    Um, am I the only one who sees this as silly? If you use a third party application to remove the Software, you violate the EULA, which has the effect of...


    ...negating your license to use the Software.

    How's that again?

    Virg

  120. nip this in the butt ?????? by Anonymous Coward · · Score: 0

    "nip this in the butt "

    That's not the right expression. But I'm not going to tell you what the correct expression is, because this is so dumb that it makes me laugh out loud.

    "Douhhhhh....did I say that?"

    Ha ha ha ha. Yes.

  121. You're silly by Anonymous Coward · · Score: 0

    "All my foes are people who in trivial ways toss around the word Nazi."

    Uh. Right. Because the nazi's tortured you. Because you're now 95 years old.

    And just to completely piss you off, the Holocaust was real, but it was only the 2nd largest Holocaust of the 20th century.

    Why do you think Ukranians are always so sad looking, you insensitive clod.

  122. How about 'Evilware'?? by jimbro2k · · Score: 2, Funny

    Surely I am entitled to my own personal opinion of what constitues evil, right?

    --
    There is not nearly enough love in the world, but there is far too much trust.
    1. Re:How about 'Evilware'?? by Zenzilla · · Score: 1

      As long as it's the same as mine!

  123. Here's the letter they should send. by Anonymous Coward · · Score: 0

    Dear "sirs":

    Thank you for your fascinating, and inappropriately funny letter you sent with a juvenile threat to sue us.

    We think its foolish to threaten lawsuits, but in case you think we're pushovers, be advised that if you throw the first punch (legally speaking), we will hound you to the ends of the earth (legally speaking), we will raze your house, fuck your wife and daughter (physically speaking), castrate your son (legally speaking), salt the earth under your company, and damn your souls to everlasting hell (religously speaking).

    So while you invited to have your day in court, we will be like a fucking pit pull in the court (metaphorically speaking), and you will wish you had never send such a banal letter to us.

    If we do not hear from you by February 28th, we will assume you agree with us on the "wife and daughter" thingy mentioned before.

  124. Definitions by Restil · · Score: 1

    The spyware critics need to make sure there's an industry standard definition of what type of software qualifies as spyware and the requirements to meet that qualification. They then need to point out how each instance of spyware meets that specification. Then the spyware companies can sue til they're blue in the face, but they won't have a case. By claiming disparaging information, that falls under libel (or slander depending on the medium), clearly documented facts will be all that's needed to knock the cases down to frivolous at the earliest stages, assuming it goes anywhere. Anyone can fire off a cease and desist letter. Going to court takes more of a committment. Not that it hasn't been done before, but frankly, sometimes it's better to fight those battles than to back down.

    --
    Play with my webcams and lights here
  125. Legal dope by flibuste · · Score: 1
    Obviously, IDownload is trying the legal thing as many others do. The funny thing is that they are trying to define a "spyware" in order to exclude ISearch, but there is no legal definition of a "spyware" yet, so their definition is pathetically useless and only tries to threaten with no real legal background.

    In other words, this is once again the usual bullying-by-lawyer from a company that is finding that they are not going to do well with such a bad reputation.

  126. Re:Does iDownload need a problem? I'll give them o by Anonymous Coward · · Score: 0

    Interesting, you basically just threatened to abuse the power you have in your government job, to further your own personal agenda.

    Stay tuned...

  127. Hmmm by paulius_g · · Score: 1

    Why do these spyware firms care so much. They still know that they'll get busted some day.

    And, spyware should be illegal. Not just by invading the user's privacy, but also for using the computer ressources, installing more spyware and distracting the user.

    Now, CatleCops have a legal debate with iDownload. Let's hope that the good side wins!

  128. needs a heart symbol between the I and the A by Anonymous Coward · · Score: 0

    nt

  129. Oh yeah? by Pig+Hogger · · Score: 1

    Try to silence this one, dopes! http://216.138.229.143/iDown/

    1. Re:Oh yeah? by Trillan · · Score: 1

      Is it okay if I mirror that?

    2. Re:Oh yeah? by Pig+Hogger · · Score: 1
      Is it okay if I mirror that?
      Yes, but only if you tell them to send me the C&D letters, too! :) :) :)
  130. I see it thusly by Anonymous Coward · · Score: 0

    That gathering and sending of personal information is the only thing that distinguishes it from pure bloat, crud and bad design.

  131. No Mercy for Spyware and Spammers by CodeBuster · · Score: 2, Insightful

    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.

  132. Suggested response... by Shoten · · Score: 1
    While I can't take direct credit for this suggestion, as it's taken from from an entry in the Going Postal section of Attrition, I still think the best answer to iDownload is...

    "Eat a bowl full of dicks."
    --

    For your security, this post has been encrypted with ROT-13, twice.
  133. p0w3nd by Anonymous Coward · · Score: 0

    http://www.ramsinks.com/freedom.aspx

  134. Re:Does iDownload need a problem? I'll give them o by Anonymous Coward · · Score: 0

    Which government, mister @shaw.CA?

  135. Petitiononline by Anonymous Coward · · Score: 0

    http://www.petitiononline.com/mm23Feb4/petition.ht ml

  136. there's an art to it by hawk · · Score: 1

    As a lawyer, writing letters to adversaries or potential adversaries is an art.

    You need to phrase your thret in such a way that it seems polite, but explains quite clearly that you are about to latch your jaws around his throat if he doesn't do as he's told.

    In one of these, I once pointed out to the California DMC that the US Constitution did not allow its, err, imperial pretensions, as it was demanding that a Nevada license be surrendered.

    Actually, they're a lot of fun to write :)

    hawk, esq.

  137. New career by Mr.+Underbridge · · Score: 2, Insightful
    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 claim something, it must be true...

  138. Has /. or this thread got a cease and desist yet? by antispam_ben · · Score: 1

    Let's all generate Geocities pages saying "iDownload is Spyware." I wonder how much their lawyers charge them to send each C&D letter??? What clowns...

    Just for the record:

    iDownload is Spyware.

    Signed, Antispam_Ben. Come and get me. Yes, I'm also anti-spyware, and anti-malware, and anti-crap in general.

    --
    Tag lost or not installed.
  139. Mod parent up! by Anonymous Coward · · Score: 0

    I think this is an excellent idea. Go after the brick and mortar operation.

  140. I reported them. by Anonymous Coward · · Score: 1, Informative
    Here was their reply:

    Thanks for inquiry.

    No, VirusHunter is not certified nor has it been submitted for certification. We have requested that the web site be changed to remove the certification language.

    Again, thank you for your inquiry.
  141. Because it "kicks ass" :) by lxt · · Score: 1

    I can see it in court now:

    Laywer: "Mr X claimed our software was "assware", a derogotary comment that damaged our business"

    Defence: "It's Assware...it just, kicks ass man".

  142. virii by Anonymous Coward · · Score: 0

    They also spelled "viruses" wrong. Not too impressive for an anti-virus company. :P

  143. Mark D. Hopkins by Skapare · · Score: 1

    Learn more about Mark D. Hopkins. Also see his Findlaw profile.

    Learn more about Savrick Schumann Johnson McGarr Kaminski & Shirley.

    --
    now we need to go OSS in diesel cars
  144. How does it differ from a trojan? by Anonymous Coward · · Score: 0

    As stated numerous times already:
    "conveniently without your input or interaction; install software from iSearch affiliates; and install Third Party Software"
    Holy crap! Trojan alert.
    "A destructive program that masquerades as a benign application."
    It sure does sound harmless, and I bet it causes no end of problems once it's installed and dug deep into the OS, especially if it's sneaking in its iBuddy proggies to the party. Yuck.

  145. Cute. Nice cancerware. by Mr.+Underbridge · · Score: 4, Interesting
    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.

  146. use their web site against them by v1 · · Score: 2, Insightful
    According to the removal page (at http://toolbar.isearch.com/uninstall/) 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?
    --
    I work for the Department of Redundancy Department.
  147. the difference between a lawyer and a vampire by budgenator · · Score: 1

    the difference between a lawyer and a vampire is
    vampires quit sucking your blood when you're dead!

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
    1. Re:the difference between a lawyer and a vampire by Anonymous Coward · · Score: 0

      What's the difference between a crackwhore and a lawyer?

      There's some things a crackwhore won't do!

      (But really, I love my lawyer. She's my wife.)

  148. But let's make the bastard deny it! by Anonymous Coward · · Score: 0

    Back in 1948, during his first race for the U.S. Senate, Lyndon Johnson was running about ten points behind, with only nine days to go. He was sunk in despair. He was desperate. And it was just before noon on a Monday, they say, when he called his equally depressed campaign manager and instructed him to call a press conference for just before lunch on a slow news day and accuse his high-riding opponent, a pig farmer, of having routine carnal knowledge of his barnyard sows, despite the pleas of his wife and children.

    His campaign manager was shocked. "We can't say that, Lyndon," he supposedly said. "You know it's not true."

    "Of course it's not true!" Johnson barked at him. "But let's make the bastard deny it!"

  149. It's called SLAPP by Omega · · Score: 4, Informative
    This type of practice is what's known as SLAPP: 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.
  150. then call it a virus by cheekyboy · · Score: 1

    Just like in people, if you have a virus you normally cannot get rid of it, the body has to fight to get it out or take drugs etc...

    So anything that 'wont go away', unwanted visitors, trespassers, call em viruss , pests whatever.

    Maybe MS should prevent apps being installed, if they dont provide a proper uninstaller script/log system according to an api.

    --
    Liberty freedom are no1, not dicks in suits.
  151. andif you fail to turn up? by cheekyboy · · Score: 1

    Yeah, so you dont turn up then what?

    it becomes a criminal trial? get a free lawyer.

    or turn up but claim you are poor, (hide assets in gold first, you can fit 1m in a briefcase at home in gold bars easy)

    --
    Liberty freedom are no1, not dicks in suits.
  152. Shitware is ok then.. by Anonymous Coward · · Score: 0

    eh?

  153. Sig (OT) by No+Such+Agency · · Score: 2, Funny

    Running Linux is like owning a Lightsaber. It's "a more elegant weapon for a more civilized time."

    Running Linux is like owning a lightsaber. It's really cool, and then all of a sudden "Oh god, oh my god, what did I just do?" ;)

    --
    Freedom: "I won't!"
    1. Re:Sig (OT) by Ayaress · · Score: 1

      From KOTOR's item description of Lightsabers: "Only usable by Jedi. Untrained weilders are far more likely to injure themselves than an enemy."

  154. Re:Does iDownload need a problem? I'll give them o by Anonymous Coward · · Score: 0

    doesnt sound like abuse to me.. If hes IT for a govt institution its his job to keep the network safe & free of spies.

    Sounds to me like a government worker doing his job... which may be uncommon, but certainly not illegal.

  155. Re:How to make them stop quacking? by geminidomino · · Score: 1

    Sounds like a typical Final Fantasy Limit Break.

  156. Evilware by TwilightXaos · · Score: 1

    I like Evilware, it just sounds so, evil.

  157. these people are liars... by Vidiot3k · · Score: 1

    Say one thing, do another. So they they aren't spyware because they TELL you they are going to digitally stalk you:
    Log Files

    Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are linked to personally identifiable information for the purpose of order tracking and product delivery authentication.

  158. iDownload is about to get a C&D letter by Anonymous Coward · · Score: 0

    iDownload has used the ICSA Labs name without authorization to sell their ripoff antivirus software, called Virus Hunter. They're about to get a cease and desist letter from ICSA Labs, which is a division of CyberTrust, which is a very big company with lots of lawyers. Details here. Heh.

    1. Re:iDownload is about to get a C&D letter by proberts · · Score: 1

      Actually, it's not a "very big company" and there aren't "lots of lawyers"- there's one.

      Paul

      --
      http://www.pauldrobertson.com
    2. Re:iDownload is about to get a C&D letter by Anonymous Coward · · Score: 0

      CyberTrust has more than 1,000 employees in 31 offices worldwide. That may not be "very big" to you, but it is probably 30 times the size of iDownload. And I would imagine their one staff attorney can call on other lawyers fairly easily.

  159. And another one.... by Anonymous Coward · · Score: 0

    Q: Whats the difference between a lawyer and a catfish?

    A: Ones a scum-sucking bottom-feeder and the other is a fish.

  160. My take on this by bruns · · Score: 1

    Well, we at the AHBL have dealt with this bastard of a program before, and here is our results of our interactions with it:

    http://www.ahbl.org/notices/isearch.php

    --
    Brielle
  161. Re:Does iDownload need a problem? I'll give them o by Anonymous Coward · · Score: 0

    Negative. It is the window-maker's fault.

  162. Contact information for the liars. by RecycledElectrons · · Score: 1

    Registrant Contact: iDownload.com Domain Manager (webmaster@idownload.com) 8008445919 Fax: +1.- 1180 Avenue of the Americas 14th Floor New York, NY 10036 US

  163. No Karma Whore Text of CastleCops Response by Anonymous Coward · · Score: 0

    Re: Settlement- Not Admissible for Any Purpose Pursuant to CA Evidence Code 1152
    Our File No. CY757-515

    Dear Mr. Hopkins:

    I write you on behalf of my client ComputerCops, LLC regarding the letter you sent on
    February 10, 2005 in which you alleged that the castlecops.com website has disseminated
    information improperly disparaging the iDownload/iSearch brand. I have spoken with officers of the
    company about the allegations made in your letter and they have stated clearly that they have not
    made or published any statement which can be said to disparage the iDownload/iSearch brand. My
    client has asked me to contact you in the hope that this matter can be resolved outside the courtroom
    through a dialogue between ComputerCops and iDownload/iSearch.

    Contrary to the assertion made in your February 10 letter that, "spyware has a well known
    meaning within the public conscience that has a specific meaning," spyware is actually capable of
    many definitions. In fact, there is no universal definition of spyware, nor is there a well known
    meaning within the public conscience. Nevertheless, it appears that software disseminated by
    iDownload/iSearch would likely be regulated as illegal in California under California Business And
    Professions Code Sections 22947-22947.6 otherwise known as the Consumer Protection Against
    Computer Spyware Act.

    A cursory search of the Internet reveals that the iDownload/iSearch brand has quite a
    controversial image to be sure:

    http://abcnews.go.com/Technology/SiliconInsider/ st ory?id=99522&page=1

    In addition, Symantec, Lavasoft, Computer Associates, Spyware Warrior, Spyware Blaster,
    and Doxdesk, to name a few, report that the iSearch toolbar, published by iDownload is spyware
    (see links below). This information is publicly available and was obtained in a manner of minutes
    using the iDownload "brand" as a search term.

    It is clear that the issue of whether or not iDownload distributes spyware is a controversial
    one which is a matter of public interest and any discussion or publication of web page links referring
    to this controversy cannot be damaging to the iDownload brand.

    In short, ComputerCops categorically disagrees with your letter, but remains willing to listen to
    iDownload's side of the story and offers further to allow iDownload a public forum on the
    castlecops.com web site in which to respond to the questions raised in many circles about iDownload
    distributing spyware.

    This is ComputerCops final good faith attempt to resolve an uncomfortable matter in an
    amicable manner. Should iDownload fail to respond to this letter before March 15, 2005,
    ComputerCops, LLC will take any and all legal measures necessary to protect its rights.

    Very truly yours,
    BENJAMIN Z. RICE

    Internet Resources on ISearch

    http://securityresponse.symantec.com/avcenter/ve nc /data/spyware.isearch.html
    Type: Spyware
    Behavior: Spyware.ISearch is an Internet Explorer Browser Helper Object and functions as a
    toolbar. It is a search hijacker and also tracks user activity on a remote server at isearch.com.

    Symptoms
    One or more files are detected as Spyware.Isearch.

    Transmission
    The ISearch toolbar can be manually installed through ActiveX installers, or it comes bundled
    with other software.

    http://www.edbott.com/weblog/archives/000340.htm l

    http://www.tenebril.com/src/info.php?id=43172667 6

    http://www.spywareguide.com/product_show.php?id= 73 2
    # Adds other software
    # Shows ads
    # Changes browser
    Danger Level: 6"

    http://netrn.net/spywareblog/archives/2004/03/28 /s pywareblaster-update/

    http://www.doxdesk.com/parasite/Pugi.html
    http: //doxdesk.com/parasite/ILookup.html
    http://www.d

  164. Sign the petition... by Anonymous Coward · · Score: 0
  165. Oh boy by bezuwork's+friend · · Score: 1

    Anyone else think the writing was not too clear at times in the letter? And, to be a spelling nazi, a lawyer should know the difference between tortuous and tortious. I mean, really ... that's too funny.

  166. Re:Cute. Nice cancerware. by Anonymous Coward · · Score: 0

    ...and/or contact the Better Business Bureau.

    Why bother contacting the BBB when you can call the iDownload 800 number listed on their website and ask them about the ramifications of their software themselves? You might want to call it a few times and ask your friends to do so as well until they are all clear over whether iDownload is considered spyware or not.

    800-844-5919

  167. Call their 800 number and ask yourself!! by Anonymous Coward · · Score: 0

    For those of you unclear about whether iDownload.com is spyware or not I have done a bit of research and come across a technical support extension number on their main 800 number listed on their website where you can leave a message asking for them to clarify their position on iDownload being spyware or not. Perhaps you can also get your friends who may be confused about this to call in and ask.

    800-844-5919
    extension 400 (just enter at the prompt) for technical support on iDownload.

  168. Why is this not simply a virus? by dubious_1 · · Score: 1

    It installs itself onto my computer without my permission.
    It resists all of my efforts to uninstall it when I try.
    It steals my CPU cycles and system memory.

    These all seem like virus activities to me, and if we would start calling this crap what it is, then it would be forced to stop hiding in the legal shadows.

    1. Re:Why is this not simply a virus? by Anonymous Coward · · Score: 0

      Because they provide a removal tool and it is not written with the purpose of damaging your system.

    2. Re:Why is this not simply a virus? by dubious_1 · · Score: 1

      But does the removal tool work?
      If a virus writer provides a removal tool, is their work not still a virus?
      I have tried in the past to remove similar programs, and maybe this one, I don't know, and found that the removal tool suspiciously needed to go out to the internet first. SOmehow I don't trust this.

  169. Microsoft Pays Firm for Accident by peeon · · Score: 1

    http://www.computerworld.com/securitytopics/securi ty/story/0,10801,99954,00.html?source=x73 Seems Microsoft is muscling some .nl site out of comission through the Antispyware. Interesting.

  170. The insightful mail I sent them with all details by Ilgaz · · Score: 1

    "Your products are indeed spyware. Sue me too you bastards!"

    Lets see what happens ;)

  171. Dear Lawyer by Ilgaz · · Score: 1

    It was really fun to send pseudo serious letters to independent site owners only doing favor to users yes?

    How afraid they must be and how many love letters you get from users. E.g. mine , digitally signed one "Your product is indeed spyware, sue me bastards"

    I wonder your feelings after seeing the ABC giant, DISNEY carries the story too...

    Don't forget to send them cease desist crap too and inform us when you do it. It will be funny when the real big evil Disney's army of lawyers respond to you.

  172. Re:Does iDownload need a problem? I'll give them o by Alsee · · Score: 1
    Big Daddy fascist Government rolls a d20 to-hit...

    ...gets a 1 and fumbles!

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  173. the definitive answer by llzackll · · Score: 1

    According to http://web.tampabay.rr.com/zc, and http://zoccoz.com, these are both spyware

  174. Overheard at a murder scene: by AndyChrist · · Score: 1

    "What a horrible crime....who would want to kill the president of the RIAA?"

    "Did he have any enemies?" ...

    1. Re:Overheard at a murder scene: by covertbadger · · Score: 1

      Or, to paraphrase PTerry:

      "What a horrible crime....who would want to kill the president of the RIAA?"
      "Did he have more than one enemy?"
      "More than one, sir?"
      "Well I think we can assume he had at least one"

  175. responding by bumblefoo · · Score: 1

    I have a good idea. Everyone go to www.betterbusinessbureau.com and file a report. I do this whenever I don't feel I'm being treated well by a company - it makes a huge difference in how they treat me. If 10,000 slashdotters made complaints - it would be helpful for anyone prosecuting idownload in the future. I believe information on complaints to bbb are public information.

  176. You forgot... by Syrrh · · Score: 1

    But you didn't inclue your contact info so they can send you more C&D letters for the bonfire! Sadly, it may be too late for any more fun at iDownload's expense until the current crop of threats is resolved. They've gotten so much MORE bad press out of all this they've just shot themselves in the foot with an ICBM... If they survive the landing, they'll still be sorry.

    What might be more fun is to start listing out whose ads are shown, to chain their names to the debacle. Too bad I'm on a work system now, might be fun to get infected and see who's this desperate for product placement, and then start giving them more than they ever hoped for.