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EULAs For Malware

I Don't Believe in Imaginary Property writes "The authors of the Zeus malware have added an end-user license agreement to their product. The buyer is, of course, permitted to infect as many computers with Zeus as they please, but they have no right to distribute it for 'any business or commercial purpose not connected with this sale,' and they can't examine the source, use it to control non-Zeus botnets, or send it to anti-virus companies. Oh, and they commit to paying for future upgrades, too — wouldn't Microsoft love to be able to add that term to their EULA. While it seems silly to imagine Zeus's authors going to the authorities for violations of this EULA, if they're anything like the Russian Business Network, they probably have an extra-judicial means of contract enforcement named Ivan. That said, this is by no means the first EULA-encrusted malware."

5 of 105 comments (clear)

  1. New management: by Fluffeh · · Score: 4, Insightful

    My guess is that the original Malware was written by some nerd who wanted to make a few bucks, but the operation was taken over by a bigger boss who saw more of the picture - and the EULA is trying ti bolster the apparent legitimacy of what they are doing - or in some way provide the weakest of weak arguments to try to sue someone later who does a better job of what they are trying to do now.

    While I want to stab em with a sharp stick like the next guy, got to say that they are covering all their bases nicely.

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    1. Re:New management: by Frosty+Piss · · Score: 2, Insightful

      ...to try to sue someone later who does a better job of what they are trying to do now.
      How can you sue someone for doing a "better" job of an illegal thing based on an illegal thing you are doing? Isn't that like calling the cops to report that someone stole some dope from you?
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    2. Re:New management: by ajs318 · · Score: 2, Insightful

      You need to know what people really mean when they call the police .....

      "A man in a black Ford Escort wound his window down and offered to sell me some crack". Translation: I paid some money to a man in a black Ford Escort for some dope, and he drove off laughing.

      "They're serving under-age kids in the Lion". Translation: The barmaid in the Lion asked me for ID, which I haven't got because I'm under-age, but she served someone else who is younger than me.

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  2. Re:Precedence? by Hemogoblin · · Score: 2, Insightful

    Aren't EULA's essentially a form of contract? I'm not a lawyer, but I thought that any contract is not enforceable if its purpose is to achieve an illegal end; so, contracts involving malware would be void. http://en.wikipedia.org/wiki/Illegal_agreement

    Any ACTUAL lawyers here care to comment?

  3. I have my own EULA by holywarrior21c · · Score: 2, Insightful

    _EULA_EULA_EULA_EULA_EULA_EULA_EULA_EULA_EULA

    By looking at my ID, you hereby agree to mod me insightful from now on. click above to proceed.

    _EULA_EULA_EULA_EULA_EULA_EULA_EULA_EULA_EULA