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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'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.
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?
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.
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
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.
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?)
We could answer by sending "Cease to exist"-HTTP-Requests to their Webserver.
Linux is not Windows
2 barrels of #8 shot. Repeat as necessary.
Stupidity... has a habit of getting its way.
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.
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
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.
Disclaimer: I am in no way affiliated with iSearch. I do not work here. I mean there. I dont work at iSearch. Promise.
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.
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
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.
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!
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.
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
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.
- 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.