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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."
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.
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.
Since when have spyware companies followed ethical practices?
from TFA, Not only can't the products be called "Spyware", they can't be called "Foistware" or "Malware" either.
I deem thee, "Assware"
iDownload: Weesa not spyware! Weesa services important porpoise!
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/
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
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.
Since when is it a crime to classify something as spyware?
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.
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!
I just hope CmdrTaco lets us know when /. gets one of these C&D letters from them, for the posting of this article.
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?
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.
I really hope Microsoft, having recently released that beta of AntiSpyware, gets one of these letters.
iDownload won't even know what hit them.
The coolest voice ever.
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?
"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."
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!"
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."
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...
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.
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
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
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.
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.
"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."
, ,perhaps we could write a few letters of protest to them(email or normal mail, i wouldn't use your regular email address though) . .
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
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
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!
Maybe Apple should send them a cease and decist letter for shamelessly copying the i{whatever} naming scheme.
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
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"?
2 barrels of #8 shot. Repeat as necessary.
Stupidity... has a habit of getting its way.
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.
When you spout idiotic reason, you get idiotic insults.
If someone says he and his monkey have nothing to hide, they almost certainly do.
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...
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
"get paid" and "earn $$$" or "serious cash!"
Does that sound like a company that's associated with spam or spyware?
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.
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...
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.
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.
Disclaimer: I am in no way affiliated with iSearch. I do not work here. I mean there. I dont work at iSearch. Promise.
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. ^_^
I've always preferred tactical nukes, but I'm pretty cavalier about collateral damage. YMMV.
-Jellisky
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)
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.
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.
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.
They may decide to go after iDownload for it.
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.
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
How about . . . when it stops?
I'm not tense. I'm just terribly, terribly, alert.
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
Buy Steampunk Clothing Online!
That address is downtown Austin, and I'll run by there to see if it's just a mailstop. Anyone already checked for this?
From:
/24's in there allocated to my ISP, the rest is mostly China so you might as well block the whole thing)
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
Thanks heaps,
zcat. (Bruce Kingsbury )
455fe10422ca29c4933f95052b792ab2
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.
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
Sun and Fun
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!
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.
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.
Trust me, that would be a bad thing. With bad consequences.
--- Grow a pair, liberals... stop letting the Republicans bully you!
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."
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.
9 49
here's the direct link:
http://www.data.bbb.org/reno.asp?yid=11000
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!
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!
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!
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.
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.
iThink iHave found a suitable target for the Apple Legal Team.
You see? You see? Your stupid minds! Stupid! Stupid!
#8s? nonono.... #4 buck 3.5" magnums.
First rule of holes; When in one, stop digging.
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.
I say we dust off; nuke the site from orbit - it's the only way to be sure.
-Turkey
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?
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.
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.
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.
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.
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!
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.
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.
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.
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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
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.
...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.
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.
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.
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/
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.
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.
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.
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.
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?
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"
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.
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.
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
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.
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
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.
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
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.
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!
The hip way to get your IP. No ads, ever.
Try to silence this one, dopes! http://216.138.229.143/iDown/
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.
For your security, this post has been encrypted with ROT-13, twice.
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.
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...
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.
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".
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
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.
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.
the difference between a lawyer and a vampire is
vampires quit sucking your blood when you're dead!
Apocalypse Cancelled, Sorry, No Ticket Refunds
- Company X does something bad
- Citizen Group Y complains about it (in a newsletter, road sign, whatever)
- 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?)
- 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.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.
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.
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!"
Sounds like a typical Final Fantasy Limit Break.
I like Evilware, it just sounds so, evil.
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.
Actually, it's not a "very big company" and there aren't "lots of lawyers"- there's one.
Paul
http://www.pauldrobertson.com
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
Registrant Contact: iDownload.com Domain Manager (webmaster@idownload.com) 8008445919 Fax: +1.- 1180 Avenue of the Americas 14th Floor New York, NY 10036 US
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.
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.
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.
"Your products are indeed spyware. Sue me too you bastards!"
;)
Lets see what happens
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.
...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.
According to http://web.tampabay.rr.com/zc, and http://zoccoz.com, these are both spyware
"What a horrible crime....who would want to kill the president of the RIAA?"
...
"Did he have any enemies?"
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.
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.