Slashdot Mirror
New York Attorney General Sues Spyware Company
DevanJedi writes "Reuters is reporting that New York Attorney General Eliot Spitzer has sued alleged spyware company Direct Revenue, charging the Internet marketer with secretly installing millions of spyware programs that sent unsolicited advertisements to users' computers. Direct Revenue settled a class action law suit last month in Illinois."
From what I understand, his style is to pick a fight and make a lot of noise about it in the press.
The defendants are usually judged guilty by the court of public opinion, long before an actualy jury gets near the case.
I'm not saying his technique is good or bad, but it's worth noting that more often than not, he gets a settlement instead of a drawn out legal battle.
[Fuck Beta]
o0t!
Spitzer really REALLY wants to run New York State, so he's been suing everyone the last few years. He's the one that nailed AOL for not letting customers cancel their accounts.
Doesn't bother me much. All the suits he launches appear to come from complaints to his office, so he's "working for the people" as much as he's in business for himself. Plus, he's suing people that I have issues with myself: spyware companies, AOL, the RIAA.
I just might be pushing the button under Mr. Spitzer's name when it comes election time. Hopefully all he's after isn't just the bigger office in Albany.
Ignore the rantings above. Poster is an idiot.
I had personal experience with Direct Revenue's adware that took many hours to remove. Imagine how many hours have been spent by people trying to clean up their computers from their adware. I think it is a shame that the developers were able to escape with just a fine from the Illinois lawsuit. They should have to do hard time -- at least one hour for every hour spent by people trying to remove their software. How many years do you think that would add up to?
Can you already see the defense? "But it's in the EULA!" is what will be said. You agreed to about a billion pages of legalese, of course after reading it.
As long as such EULAs can be used as an excuse to claim the user waived all rights and allowed the company to do whatever they please, hidden in a text nobody but a lawyer can decypher, we'll have buggy software, spyware and, as we've recently seen, even rootkits in our soft. Sure, EULAs don't hold a drop of water in most countries, but it already starts at the problem that most people don't even KNOW that the software they're about to install is going to cause a problem to them.
And as long as such shady practices don't have to be told in simple terms that can be understood by normal people who didn't study CS or law, this practice will continue. Whether or not this suit actually gets through.
He might be fined a few million bucks. Ok. Pocket change for the average spam king. As long as the revenue from illegal activities outmatch the possible damage charges (see also Sony's rootkit and the "settlement"), it won't stop them from bugging their users' computers.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
> Direct Revenue settled a class action law suit last month in Illinois
Don't let them settle a lawsuit! Make the assholes release software to de-install itself, safely and completely.
Son of a bitch, I had to re-stage my wife's laptop because of Winfixer.
(-1: Post disagrees with my already-settled worldview) is not a valid mod option.
IANAL, but as far as I knew, the privilege against self-incrimination does not apply to corporations or other collective entities. And, after some brief research, appears to have been upheld in Braswell v. United States.
I'd like to see it made illegal for software to resist an uninstall (e.g. reinstalling itself on the next reboot). Seriously, if you want it gone and it's your machine who the hell do they think they are to stop you?
Shh.
Here's the AG's site: http://www.oag.state.ny.us/press/2006/apr/apr04a_0 6.html
But the real fun is in reading the actual complaint. It is clear the AG does not think highly of Direct Revenue.
http://www.oag.state.ny.us/press/2006/apr/Direct%2 0Revenue%20Affirmation%20of%20Justin%20Brookman.pd f
Caution... large PDF, but a fascinating read.
When's the last time NY Governor's gone off to do anything interesting.
I hear FDR did a few interesting things after he was Governor of New York.
Is there anywhere on Slashdot that is free of this anti-Microsoft bullshit?
In no way is this Microsoft's fault. Spyware can be installed on ANY machine that is not completely locked down. Keep in mind that most spyware is installed alongside other programs during "legitimate" installations (or even part of the program itself, see Gator / Bonzi Buddy). If you give the users the ability to install any program they want, then they can also install spyware. This could happen on a Mac. This could happen on a Linux box. This could happen on ANY COMPUTER that can have programs installed on it.
Actually, niether. He's a politician.
I generally like what he has been doing, which mostly amounts to leveling the playing field between big business and the people -- but one can easily see the opportunitism here of a very political animal in the cases he takes on and how his PR machine works it. He was elected by mostly Democrats to be the Attorney General under a Republican Governor with whom he has had a mostly uneven relationship. He did not challenge this Governor (Pataki) until the Governor announced that he is planning on leaving office, though he has gone after many of the Governor's financiers and political cronies.
In not running against this particular governor, he has set his office up as a stepping-stone to the office of Governor for himself. A very shrewd move. Were he to have remained as a candidate for Attorney General (especially with the favorable press he has been receiving in the state of New York) I'd say he's close to 90% altruistic -- a very hard-working prosecutor with an eye for the kind of justice that sells newspapers. By virtue of his run for Governor and the timing of that run, I'd say he's about 50 to 55% altruistic and would probably make a pretty good, if not combative Governor.
I recall another prosecutor who is rumored to have made a good executive: Giuliani. But Rudy Giuliani was best-suited to crisis management. He tended to get bored and pick fights (usually with the helpless) when things got quiet. Unfortunately I think Rudy has sold his soul to the Republican right (which is wrong).
My overall favorable impression of Mr. Spitzer will, likewise, tumble should he sell his soul to a national political machine. These types are best when they're fighting the good fight with no hangers-on and no encumbrances.
Gods don't kill people, people with gods kill people.
I write this reply from a Linux box. What do I do for a living? I own a PC shop. A huge amount of what I do is removing spyware from computers. I don't think this is Windows fault. The people that bring the PCs in many times admit to what they did, saying they didn't care and just clicked yes to make it all go away. These same people would type their password and hit OK just to make it "go away" on a Mac or in a Linux GUI, too.
/. is extreme.
I run Linux because I want to and enjoy it, not because I'm on some anti-MS agenda. I sell mostly Windows machines. Most of my clients couldn't handle a Linux machine, but the anti-MS proganda on
I guess we must both be new here.
rm -rf