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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."

32 of 446 comments (clear)

  1. 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 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.

    3. 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.

    4. 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.

    5. 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?).. :)

  2. 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/

  3. 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

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

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

    1. 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. 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.
  6. 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 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....

  7. 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.
  8. 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
  9. 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.

  10. 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.
  11. 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 CRCulver · · Score: 3, Insightful

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

  12. 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.
  13. 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

  14. 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.
  15. 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!
  16. 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.

  17. 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...
  18. Re:Packets by segoy · · Score: 5, Insightful

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

    Suck-AssWare?

  19. 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.

  20. 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

  21. 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.

  22. 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...

  23. 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.
  24. 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.