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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."

6 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. 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. 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
  4. 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.

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

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

    Suck-AssWare?