Spitzer Sues Intermix Media for Bundling Spyware

CousinLarry writes "Attorney General and corporate watchdog Eliot Spitzer has filed suit against Intermix Software, alleging that the company deviously and deceptively bundles spyware with its 'free' screensaver and game products. 'Spyware and adware are more than an annoyance,' Spitzer said. 'These fraudulent programs foul machines, undermine productivity and in many cases frustrate consumers' efforts to remove them from their computers.'"

Comments

Re:How to solve these problems.

[drsmack1]

You wiped a computer because of spyware? What would you say if someone wiped their Linux box because Mozilla would not start.

Just about the same thing. I have not found any spyware that could not be removed. Maybe you actually have to look something up on the internet; but I guess it is a better story if "it was so bad that I had to wipe the box!".

Check out:

http://www.bleepingcomputer.com/files/killbox.php

and ...

http://www.pcworld.com/downloads/file_description/ 0,fid,23258,00.asp

And read a bit:

http://www.pchell.com/support/spyware.shtml

Not so hard if you really *want* to be able to do it.

Intermix is not just spyware

[Tezkah]

It's worth noting that Intermix also runs the popular "networking" website MySpace. This site is used by lots of people, and many bands have pages set up on there. Billy Corgan of Smashing Pumpkins fame even has a profile on there.

Makes you wonder what they're doing with the information people put on there.

The Marting Act - The A-Bomb Of Financial Lawsuits

[maxconfus]

If I was Intermix, I would be nervous. Spitzer the NY AG is able to go after this California company using what is called the Martin Act.

The push of the Martin Act is to arm the New York attorney general to combat financial fraud. It empowers him to subpoena any document he wants from anyone doing business in the state; to keep an investigation totally secret or to make it totally public; and to choose between filing civil or criminal charges whenever he wants. People called in for questioning during Martin Act investigations do not have a right to counsel or a right against self-incrimination. Combined, the act's powers exceed those given any regulator in any other state. Now for the scary part: To win a case, the AG doesn't have to prove that the defendant intended to defraud anyone, that a transaction took place, or that anyone actually was defrauded. Plus, when the prosecution is over, trial lawyers can gain access to the hoards of documents that the act has churned up and use them as the basis for civil suits. "It's the legal equivalent of a weapon of mass destruction," said a lawyer at a major New York firm who represents defendants in Martin Act cases (and who didn't want his name used because he feared retribution by Spitzer). "The damage that can be done under the statute is unlimited."

I agree with the lawsuit against intermix. Sneak software installs and that very annoying FlowGo email newsletter suck. If fraud can be established then whether it occurred on the Internet or over the phone or in the cash register at the local grocery store then it should be put down. On the other hand, I am not sure how much better I feel knowing what the martin act can do. Although, I doubt Spitzer would have been able to stop Wall Street dead in its tracks without the Martin.