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iDownload Tries to Silence Spyware Critics

Posted by timothy on from the o-muerta dept.

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."

12 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.

  2. 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

  3. 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?

  4. 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
  5. 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.

    --
    It's official. Most of you are morons.
  6. 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?)

  7. 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.

  8. 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.
  9. Re:Packets by segoy · · Score: 5, Insightful

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

    Suck-AssWare?

  10. 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