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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.'"

42 of 272 comments (clear)

  1. At last... by Bananatree3 · · Score: 5, Insightful

    We really need these kinds of guys in our government. They honestly go after company deviousness, and are willing to prosecute them (and without being paid off).

    1. Re:At last... by deglr6328 · · Score: 4, Informative

      Seriously. Almost every time I see Mr. Spitzer's name in the media I like what I see. He is what I view as the embodiment of what it means to be a TRUE American. A genuine good-guy who isn't afraid to stand up for what's right and fuck everyone who doesn't like it. It's pretty sad, but I've never voted for someone who I really wanted to see in some particular office, just mostly against the person who I wanted to prevent from attaining that office. If Spitzer runs for Gov. of NY it would be the first time I would be voting for someone who I really thought completely deserved to win.

      --
      - "Hear that?! The percolations are imminent! Cease your ingress!"
    2. Re:At last... by sbszine · · Score: 4, Funny

      I'd vote for him several times.

      If Diebold is involved, you probably will : )

      --

      Vino, gyno, and techno -Bruce Sterling

    3. Re:At last... by Zordak · · Score: 5, Funny

      That only works for Republicans. Spitzer's a Democrat. If you want to cast multiple votes for him, you have to be dead.

      --

      Today's Sesame Street was brought to you by the number e.
    4. Re:At last... by Darkman,+Walkin+Dude · · Score: 4, Insightful

      what it means to be a TRUE American.

      Surely you mean, a true human being...

  2. Let me just say it... by Nimrangul · · Score: 5, Insightful
    On byhalf of all geeks with coworkers or family members: Excellent.

    I hate having to spend hours a week cleaning people's dying machines of these damned things, they can completely make a system useless in less than a month with some of the less intelligent users out there.

    --
    I'm sick of following my dreams - I'm just going to ask them where they're going and hook up with them later.
    1. Re:Let me just say it... by Indras · · Score: 4, Insightful

      I hate having to spend hours a week cleaning people's dying machines of these damned things, they can completely make a system useless in less than a month with some of the less intelligent users out there.

      Surely you meant less experienced or less knowledgeable computer users. One of my clients owns a law firm, makes big bucks, and can easily hold his end of a complicated philosophical debate at the dinner table. But, he somehow can't seem to keep spy/ad/malware off his machine. But you assume he is less intelligent than you or I.

      Now that's elitism.

      --
      The speed of time is one second per second.
  3. Decisions by mboverload · · Score: 4, Insightful

    Now this is the government I want.

    1. Re:Decisions by C0llegeSTUDent · · Score: 5, Insightful

      Please. Removing spyware from someone's computer is the high-tech equivalent to cleaning toilets.

    2. Re:Decisions by mboverload · · Score: 4, Insightful

      I guess you haven't seen some of the really nasty spyware out there. That stuff is almost freaking impossible to get out.

    3. Re:Decisions by amliebsch · · Score: 4, Funny

      I guess you haven't seem some of the really nasty toilets out there!

      --
      If you don't know where you are going, you will wind up somewhere else.
  4. Damn you Spitzer by pHatidic · · Score: 5, Funny
    If Spitzer puts spyware companies out of business, people won't switch to Apple anymore. This is all a conspiracy by Spitzer to drive down the price of my AAPL stock.

    Mark my words Spitzer: I will bury you!

  5. Spyware is hell by BlackEyedSceva · · Score: 5, Insightful

    I do agree with this one. I find it completely unfair that I have to run Adaware Pro, Microsoft Antispyware, and Spybot just to get around the internet. We as the consumer should be treated with more respect. Buying a program with spyware in it is almost as bad as if one were to go to buy a sandwich and it had the cold virus in it. I am sure the government would have a problem with that. Why not take more initiative with this too?

    1. Re:Spyware is hell by Anonymous Coward · · Score: 5, Funny

      I do agree with this one. I find it completely unfair that I have to run Adaware Pro, Microsoft Antispyware, and Spybot just to browse hardcore-porn and warez sites.

      Fixed that for you. It's funny cuz it's true.

    2. Re:Spyware is hell by BlackEyedSceva · · Score: 5, Interesting

      While those are a major source of spyware and adware, it is hard to avoid problems when you are using public computers at a school. High School kids seem to find emoticon programs, search bars, and mouse pointer software amazing. It's to bad those like to bring along there freinds Alexia, Gator, and Bonzai Buddy.

    3. Re:Spyware is hell by mrchaotica · · Score: 4, Insightful
      I find it completely unfair that I have to run Adaware Pro, Microsoft Antispyware, and Spybot just to get around the internet.
      You don't -- you can choose to run Mac OS or another *nix instead.
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    4. Re:Spyware is hell by eobanb · · Score: 4, Funny

      Idiocy leads to Microsoft. Microsoft leads to spyware. Spyware leads to low bandwidth. Low bandwidth leads to buffering. I sense much idiocy in you.

      --

      Take off every sig. For great justice.

    5. Re:Spyware is hell by Mycroft_VIII · · Score: 4, Informative

      Unfortunately there are alot of spyware programs like you mention, and often the false positives are NOT mistakes, but rather deliberate attempts to goad you into buying thier 'pro' version.
      In some cases the 'anti-spyware' uninstalls some spyware, but only to prevent competition with the spyware IT comes with.
      AOL's current anti-spyware offering falls into the last category IIRC.
      Your best bet for free scanners is likely ad-aware (lavasoft) and Spybot Search and Destroy.
      One site I've found that talks about the bad anti-spyware products is http://www.spywarewarrior.com/. Give them a look and see if your using one of the bad products.

      Mycroft

      --
      https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
  6. Finally by Anonymous Coward · · Score: 5, Funny

    the goverment accually does something to protect our rights online

    us 3
    them 834

    1. Re:Finally by Anonymous Coward · · Score: 5, Funny

      ........where did the other 2 come from?

  7. Verdict? by boobavon · · Score: 4, Insightful

    The real question is whether or not they get convicted. Yay for spitzer having the cojones, but there's still the whole legal portion to get through. Notwithstanding i hope they go bankrupt, i'm tired of running adaware on my parents computer...

  8. Re:Spyware? by Nimrangul · · Score: 5, Insightful

    Bullshit, that is not how all the spyware out there gets on a system. It isn't all IE's fault, people downloading shitty flash, screensavers and games are how most spyware get's on a person's system.

    --
    I'm sick of following my dreams - I'm just going to ask them where they're going and hook up with them later.
  9. How to solve these problems. by rice_burners_suck · · Score: 5, Interesting
    'These fraudulent programs foul machines, undermine productivity and in many cases frustrate consumers' efforts to remove them from their computers.'

    As a matter of fact, I once had a run-in with exactly one of those spyware programs that frustrate your efforts to remove it from your computer. Mind you, this wasn't on any of my computers, which are Linux, FreeBSD, or Mac boxes. It was a secretary's computer at work, running Windows XP. Unfortunately, they still haven't listened to me about migrating away from that.

    Turns out, this secretary went to some website using Internet Explorer, which we constantly tell people not to use. The site automatically installed some software without her knowledge. The complaint was that her computer was lagging and running significantly slower than normal. I checked the Registry, which should be called the Madnesstry, and found under various Startup locations that there were some ten similar programs running. I deleted all of the associated keys. Turns out, the software installs a daemon that watches the registry and reinstalls the key the instant you remove it. Trying to shut down that daemon or delete the actual EXE files from the computer is a futile effort. The damn thing monitors its own existance in every way that you can imagine.

    Finally, I blew everything off the computer, installed Windows from CD, and personally locked down that box as far as you can say that Windows can be locked down, which isn't very far. Internet Explorer is hidden everywhere, and I actually put Internet Explorer icons that simply launch a window that says this computer is not authorized to launch internet explorer. Instead, there is Firefox and Opera to choose from. I also went ahead and created a blacklist of sites from here to Timbuktu. That solved most of the problems.

    1. Re:How to solve these problems. by drsmack1 · · Score: 5, Informative

      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.

    2. Re:How to solve these problems. by hal2814 · · Score: 4, Insightful

      There have been several instances where I have "wiped" a company computer over spyware. Sometimes it is faster to nuke it (especially if you have an image backup) than it is to fix the problem. We do regular backups of all files neccessary to conduct business. I can completely redo a machine and have that employee ready to work at full capacity in about 30 minutes. If it looks like investigating and removing the spyware will take longer than that, the user gets a reinstall. Their work material will be completetly unaffected. A better idea would be to lock down these boxen a bit more but company politics prohibit such a move.

    3. Re:How to solve these problems. by tftp · · Score: 4, Insightful
      It's not even just the time, it's whose time it is. Slip a DVD in, start the restore and walk away. Come back 30 minutes later and find the computer fully restored. This doesn't require much of human involvement, and even that is a SOP - and even then you know beforehand how long it will take and how well it will be done.

      Now compare that dumb restore to a manual repair. You have to be very well versed in spyware removal and must know where all the latest tripwires are installed (like the grandparent says.) I have more important things to do than to learn about malicious software, about every release of it. Also when you start you have no idea how long it will take and whether you will succeed, completely or partially. Also if there are many different spyware programs the repair time also grows - and finally how do you know that at some point no spyware is left? Only because you can't find any?

      If you are at home and have nothing else to do - sure, read about the spyware until your eyes start falling out, and then try to remove the thing - and once you fail, try and try again. But if you are in a business setting, just reimage the box in half an hour and be done with it.

  10. More info on *&^%$#@! spyware companies ... by xmas2003 · · Score: 4, Informative

    While I think Splitzer can be a bit overzealous and grandstanding (plus laying groundwork for his run for political office), I can't think of a better group of companies to go after than *&^%$#@! spyware companies. For those interested in some great detailed info about these cockroaches, take a look at Ben Edelman's web site ... where he also indentifies the folks who finance 'em.

    --
    Hulk SMASH Celiac Disease
  11. Gotta love the quote: by IANAAC · · Score: 4, Funny
    Some repair shops blame spyware for more than half the trouble they're seeing.

    Uh, isn't that the point of their business? They're a REPAIR shop. Next thing you know they're going to complain about "lost business" resulting from the suit.

  12. Intermix Stock impacted by fugas · · Score: 5, Interesting

    Seems like Intermix's stock took a hard hit due to this news today.

  13. New York Only by Roofus · · Score: 4, Insightful

    I'm surprised nowhere in the writeup does it mention that Spitzer works for the New York State government, not the US Federal Government. There is a difference.

    http://www.oag.state.ny.us/

    The Attorney General of the US would never stand up for citizens.

  14. Dangerous precedent by katana · · Score: 5, Funny
    'These fraudulent programs foul machines, undermine productivity and in many cases frustrate consumers' efforts to remove them from their computers.'

    Great. There goes Minesweeper.

  15. Thank you! by showardkid · · Score: 5, Insightful
    Seriously, people: let's take a look at how perspectives are these days:

    Whenever a hacker (or cracker, distinction here http://searchwindowssecurity.techtarget.com/tip/1, 289483,sid45_gci998037,00.html.) breaks into corporate networks, he's a CRIMINAL, and his purpose is evil. Even if he does not do anything that damages productivity, purported "loss of funds" can get him imprisoned.

    Contrarily, when a corporation with no morals or respect for users releases a spyware program for research/marketing with illegal methods, Advertisement, Data mining, etc., no one tends to lift a finger. I salute Spitzer, and hope that this sets some sort of precedent to protect consumers and businesses from these sorts of programs that waste productivity and generally piss people off.

    --
    Do, do not, or delegate to someone else: there is no try.
  16. You didn't hear? by M.C.+Hampster · · Score: 4, Informative

    He'll most likely be running for governor of New York state.

    --
    Forget the whales - save the babies.
    1. Re:You didn't hear? by ajakk · · Score: 4, Informative
  17. Intermix is not just spyware by Tezkah · · Score: 5, Informative

    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.

  18. Educators fund Intermix by Anonymous Coward · · Score: 4, Interesting
    In a very revealing article, it has been found that at least three educational retirement funds are invested with Intermix:

    http://castlecops.com/article-5943-nested-0-0.html

    TIAA-CREF

    CALIFORNIA STATE TEACHERS RET SYS

    NEW YORK ST TCHR RTRMT

  19. Re:yeeehaaarrrrr by AeroIllini · · Score: 4, Funny

    seriously though, Perhaps it's fate that today, Arpil the Twenty ninth, we will once again fight for our freedom. Not from tyranny, persecution or oppression. But from assholes that bundle spyware with free screensavers. We're fighting for our right to live, to exist. From this day on, the twenty ninth day of April will no longer be remembered as an American holiday (not that it ever has) but as the day that all of mankind declared we will not go quietly into the night. We will not vanish without a fight. We will live on. We will survive.

    Is it bad that I instantly had a vision of Eliot Spitzer uploading a virus from his Powerbook to the Intermix Corporate Headquarters, which he accessed with a stolen Intermix scout ship piloted by a fast-talking African-American costar?

    --
    For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
  20. Re:Spyware is hell (but pays to clean up after) by Mycroft_VIII · · Score: 4, Interesting

    Believe me it's not all porn sites and such that dish out the spyware.
    I've cleaned it off machines that got infected because a 12year old Wrastling fan VISITED some 'fan' site.
    I watched the re-infection try to happen, his mom had heard the same story it was all from porn sites and figured her son had hit 'that age' (peuberty to ten minutes after death for most of us :) ).
    To prove to his mom that's not what he was doing he showed us each of the sites he went to. When he hit this fan site the blocker I was using at the time went nuts with about 8 attempts to infect, two of them would have worked without any further action than simply viewing the site in pre-sp2 xp.
    These days it's more often the aforementioned smilies and cursors and some simular crap.

    Mycroft

    --
    https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
  21. Re:TRUE American? Not Hardly by deglr6328 · · Score: 4, Insightful

    I'm sorry I don't regularly get my news from that bastion of journalistic integrity the NY Sun *cough tabloid*cough*

    Spitzer is the ATTORNEY GENERAL of NY. It is not his job to write and push bills through the legistlature. It IS his job to enforce the laws of NY state and he is doing a damn good job if you ask me. Also, if "the legislature is so appalled at his idea", why have I heard absolutely nothing to that effect in the past two years since that particular issue has even been talked about?

    A visit to your website reveals your One True Righteous Crusade to apparently be concealed carry gun laws and their preservation. Aparently when you saw Spitzer took some action which was even remotely anti-gun, you decided he must be evil. You offer an interesting study on the irrational, complete black or white mindset of so many people. Do I completely agree with every last syllable uttered by the guy? No certainly not. But, shockingly enough, I am able to make the rational, sane assessment that he's doing a lot of good and is therefore worthy of my support even though he may not agree with me on the minutia of every last issue I'm interested in. See how that works? It's what we call a small logical compromise. Furthermore I actually live in New York, YOU seem to live in Oklahoma. Why do you even care? Ohhh right, because you're irrationally fixated with single issue zealotry. shame, that.

    --
    - "Hear that?! The percolations are imminent! Cease your ingress!"
  22. Spyware undermines productivity? by RPoet · · Score: 5, Insightful

    '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.'

    Why do I so often see spyware being framed like this? I've read many articles in the popular press about spyware. They always say that you should remove spyware because such software can make your computer slower.

    Hello? It's called spyware. It's sitting there spying on you, for God's sake, and your only worry is supposed to be that your computer is slower than it should be? Are people really that indifferent to their personal privacy these days? Why aren't people outraged that some program has sneaked itself into their system and is now sniffing all of their network traffic?

    --
    "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
  23. Re:TRUE American? Not Hardly by Maxwell'sSilverLART · · Score: 4, Insightful

    why have I heard absolutely nothing to that effect in the past two years since that particular issue has even been talked about?

    I would guess that it's because those issues aren't your particular field of interest. There's so much going on that it's impossible to keep up with everything; this happens to be one of my particular interests. The bill numbers are H.R. 800 and S. 397, The Protection of Lawful Commerce in Arms act, and you can find them on http://thomas.loc.gov. Your accusation of zealotry is misguided, BTW; you might be surprised to learn that I actually argued against the act, because I believe that it represents an improper intrusion of the Federal government into state matters, specifically the states' right to sue whom they choose. As usual, Dr. Ron Paul expresses my objections more eloquently than I can. You can read his explanation--and the NRA's disapproval--at http://www.inlibertyandfreedom.com/rp1036.htm. That said, I do think such suits are without merit (as has every single court that has heard one, I might add).

    I care not because of single-issue zealotry; while his actions actually could affect me (by driving up costs), that's not the primary reason for my concern. I care because I'm opposed to government using the courts to achieve those ends which it cannot achieve legislatively. I am particularly concerned where such ends are achieved by lawsuit and driving companies out of business (or making continued operations economically unviable); typically, when such measures are taken, it is because there is no justification in legislation, or because such legislation would be either unconstitutional, or rejected by constituents. His job being the enforcement of existing law, it is inappropriate for him to be engaging in lawsuits against lawful manufacturers of lawful products because of the unlawful actions of end users. As a parallel, would it be appropriate if he filed suit against Ford for the actions of drunk drivers?

    As for your crusade comment: I'm going to let that one stand, because it's pretty close. I do take exception to the "one true righteous" part, though. My crusade, my passion, is not concealed carry, or even gun rights in general; rather, it's my right to live without unnecessary meddling or interference from my government. I speak out not only on my own behalf, but on behalf of anybody who has been abused at the hands of government. I am a frequent critic of President Bush, AG Gonzales (I swear, I never though I'd actually miss Ashcroft, but Gonzales is actually worse), the DEA, ONDCP, FBI, and pretty much every other government agency. Mr. Spitzer's lawsuits represent an intrusion into lawful commerce that serves as an unwelcome precedent: that the government can hold producers accountable for the actions of end-users, actions over which they have no control. See also: filesharing software. I have consistently opposed RIAA/MPAA efforts, along with the DMCA (and similar), to hold the software authors and service providers accountable for the actions of their users. Why? Because the authors have no control over who uses their software to do what; without control, neither can there be responsibility. Mr. Spitzer is a particularly apropos target for criticism in this matter, though, because these lawsuits were his brainchild--he is, effectively, the leader of that effort, and just as President Bush is the leader of many of our truly offensive policy decisions ("enemy combatants" and the USA PATRIOT Act being perhaps two of the most egregious), and therefore deserving of extra criticism, so does Mr. Spitzer deserve the criticism on this issue.

    Single-issue zealotry? The issue is freedom, and I don't think it's irrational at all. My comment was not to paint Mr. Spitzer as a villain, but rather to respond to your (apparent) characterization of him as a hero. I appreciate what he's done for us--for all of us, even those of

    --
    Moderate drunk! It's more fun that way!
  24. The Marting Act - The A-Bomb Of Financial Lawsuits by maxconfus · · Score: 5, Informative
    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.
    --
    A hand up and a foot on every chest...