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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.
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.
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.
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!
2 barrels of #8 shot. Repeat as necessary.
Stupidity... has a habit of getting its way.
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
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.
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.
i liked this paragraph...
Further, you agree that you will not initiate, permit, authorize or assist any third party or application to remove the Software from your computer, or disrupt its operation or the operation of any other user. You agree that removal of the Software from your computer will only be performed by you pursuant to the instructions set forth herein.
does this mean that i can't clean up the spywa^H^H^H^H^Hsoftware on my wife's machine for her?
Wave upon wave of demented avengers March cheerfully out of obscurity into the dream
Great link. It should be posted:
iDownload.com, Inc. DBA iSearch Internet provides applications which help to subsidize the free content and product offerings of many publishers. iSearch applications are not spy ware and do not collect any personally identifiable information about users. 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.
If you wish to remove the iSearch applications from your computer, you may download our automated removal mechanism.
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.