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Piriform Asks BleachBit To Remove Winapp2.ini Importer

ahziem writes "As author of the BleachBit system cleaner, I received a polite but firm request from Piriform, makers of the similar application CCleaner, to remove a two-year-old feature from BleachBit that allows individual BleachBit users to import winapp2.ini data files created by the community that define which files to delete for applications. Does Piriform's request have merit? Do I need a lawyer? What is a good response to avoid any ugly situation?"

305 comments

  1. Who knows, I'm not a lawyer... by Frosty+Piss · · Score: 4, Informative

    Do I need a lawyer? What is a good response to avoid any ugly situation?

    And once again for the 1,000,000 time, yes, and this isn't the place to get legal advice...

    On the other hand, a "firm request" doesn't quite sound like a legal threat. Anyone can send a "firm request".

    Maybe check it with a REAL lawyer, but not worry too much until the people you've collided with send you a letter with more solid threats?

    Who knows, I'm not a lawyer...

    --
    If you want news from today, you have to come back tomorrow.
    1. Re:Who knows, I'm not a lawyer... by Frosty+Piss · · Score: 3, Insightful

      By the way, nice "Slashvert". I'm sold...

      --
      If you want news from today, you have to come back tomorrow.
    2. Re:Who knows, I'm not a lawyer... by Art+Challenor · · Score: 5, Insightful

      And once again for the 1,000,000 time, yes, and this isn't the place to get legal advice...

      True, but there's really any advice that you should ask for from ./er's? How to meet members of the opposite sex? Which Linux distro to use? Whether Metro is better than Unity?

      Once you get it in perspective, the question makes as much sense as any other.

    3. Re:Who knows, I'm not a lawyer... by Frosty+Piss · · Score: 4, Funny

      True, but there's really any advice that you should ask for from ./er's? How to meet members of the opposite sex?

      Last time I followed advice from Slashdot on the chicks, I got a visit from the Sheriff's Department.

      --
      If you want news from today, you have to come back tomorrow.
    4. Re:Who knows, I'm not a lawyer... by Phrogman · · Score: 5, Funny

      Basement dwelling tips, thats probably safe. Best Pizza outfits, also a good bet.

      --
      "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
    5. Re:Who knows, I'm not a lawyer... by arth1 · · Score: 4, Funny

      Last time I followed advice from Slashdot on the chicks, I got a visit from the Sheriff's Department.

      Oooh, a sexy chick in uniform! Tell us how that went!

    6. Re:Who knows, I'm not a lawyer... by Frosty+Piss · · Score: 5, Funny

      Oooh, a sexy chick in uniform! Tell us how that went!

      I think she might have been into the "bondage" thing, because she cuffed me.

      --
      If you want news from today, you have to come back tomorrow.
    7. Re:Who knows, I'm not a lawyer... by fuzzyfuzzyfungus · · Score: 2

      I'm certainly not a lawyer, your lawyer, or his lawyer; but I'm pretty sure that 'having a feature that might facilitate some third party breaking the terms of use that they may or may not have agreed to' isn't actually a crime(unless you are being sued by the MPAA/RIAA, in which case basically anything that transmits or stores information that might conceivably be copyrighted is a conspiracy with the worst of pirates and pedo-terrorists).

      Nothing that says they can't bury you in procedure until you suffocate; but the 'request' is bullshit and they ought to be ashamed of it. Is it ever a good thing for a file format to have only a single program capable of decoding it?

    8. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 5, Funny

      Did she cuff you before or after you put on your robe and wizard hat?

    9. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      I think he should read the TOS first and get a feel for the situation. Then see a lawyer. It would probably make things go faster.

    10. Re:Who knows, I'm not a lawyer... by Frosty+Piss · · Score: 2

      I think he should read the TOS first and get a feel for the situation.

      Why would he need to read their ToS to know if he can include a feature that imports an unencrypted text file?

      --
      If you want news from today, you have to come back tomorrow.
    11. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      I think she might have been into the "bondage" thing, because she cuffed me.

      Next time, get clarification - the specific temperature of 'hot grits' should not be enough to cause third degree burns.

      A good rule of thumb is if you can eat them, they're good to be poured down the pants of a petrified Natalie Portman. (Assuming you have the consent of a petrified Natalie Portman.)

    12. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 2, Funny

      She was ok with that, but when I showed her my gnarly staff, she reached for the cuffs.

    13. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0, Troll

      but I'm pretty sure that ... isn't actually a crime

      IAAL, and I'm nowhere near as sure as you that facilitating some third party to negate their license (and this contravene the other party's intellectual property) isn't a crime. Does 'authorisation' ring any bells? I'd like much more information about the facts of the case and the particular legislative framework in place in the relevant jurisdiction(s).

      I wonder if this isn't an example of the Dunning-Kruger effect?

    14. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      Did you just intentionally omit "might facilitate" and "ToS may or may not have agreed to" just to have an opportunity to make lawyers look more intimidating and necessary?

    15. Re:Who knows, I'm not a lawyer... by thegarbz · · Score: 1

      Oooh, a sexy chick in uniform! Tell us how that went!

      I think she might have been into the "bondage" thing, because she cuffed me.

      I've heard this one before. "You've been a bad boy resisting arrest like that, and you need to be ... punished!"

    16. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      I wouldn't bother asking here, someplace like the Electronic Frontier Foundation might be a more likely source to get good legal advice. You don't want subjective opinions like you'll get here on ./
      https://www.eff.org/pages/legal-assistance

    17. Re:Who knows, I'm not a lawyer... by Capsaicin · · Score: 1

      Oooh, a sexy chick in uniform! Tell us how that went!

      I think she might have been into the "bondage" thing, because she cuffed me.

      If you don't mind me asking, what was the advice you followed to get yourself into this ... ahm ... terrible predicament? Please!

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    18. Re:Who knows, I'm not a lawyer... by DarwinSurvivor · · Score: 2, Funny

      And asking about the best keyboard will get you more people claiming to have 10 Model M's in their closet just in case their main one dies than there were Model M's manufactured in the first place.

      "Model M's are indestructible and last forever. In fact I have 10 spares just in case and no I will never sell any of them." I swear, they're worse than CAT people!

    19. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      Did you just intentionally omit"might facilitate" and "ToS may or may not have agreed to" just to have an opportunity to make lawyers look more intimidating and necessary?

      No, I omitted that for the purposes of clarity and readability. But for the avoidance of doubt, I am just as uncertain whether or not said text is included or excluded. Obviously.

    20. Re:Who knows, I'm not a lawyer... by sumdumass · · Score: 1

      Because unencrypted or not, the copyright might have some specific exceptions to permissions and it might not allow it to be downloaded automatically for use in other programs. Then again it might specifically allow it making the request pretty much a non starter.

      The ToS or license file would have a lot of information that could very well end this without any further action or with simple action like maybe credit for the part in some obvious place.

    21. Re:Who knows, I'm not a lawyer... by hawkinspeter · · Score: 4, Insightful

      Surely the ToS relates to using CCleaner which is totally irrelevant as he's not using their software. I don't see how copyright comes into play if he's not distributing the ini file and as far as I can tell, the purpose of importing the file is for user generated rules.

      The only thing that I can see that could apply would be if CCleaner has patented the ini text format, but that would be absurd and I can't see that standing up in court.

      A simple letter stating that he doesn't use the CCleaner software and that the ToS are irrelevant to him should suffice. Let them come back with lawyers and see how much money they want to waste.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    22. Re:Who knows, I'm not a lawyer... by VortexCortex · · Score: 5, Interesting

      I think he should read the TOS first and get a feel for the situation.

      Why would he need to read their ToS to know if he can include a feature that imports an unencrypted text file?

      It's not just any text file... Why it's a specially crafted .INI / .CONF formatted text file.

      Who knows, I'm sure if I hired a patent attorney they could write up patent claims vague enough and using terms obscure enough that a patent clerk wouldn't find any relevant hits in the patent database, so there's really no reason to assume that the INI file format isn't pattented... but if it's not, then they can piss right off.

      He's not re-distributing their files, so he's not infringing copyright. The name winapp2.ini is too generic to be a strong trademark, except maybe to Microsoft over Windows (tm).

      I wouldn't worry about shit. In fact, I wouldn't have even acknowledged that I received a notice of any kind.

      Protip: In the future if you want to incorporate a 3rd party's data format, implement a plugin system and API for importing the generic data to isolate the main application from the import functionality. Distribute the plugin that implements the import feature separately, it can download after install at the behest of the user. Defer all complaints about plugin functionality to the "owner" of the plugin -- A different entity than the one that holds the rights for the main application. I call that a firewall.

      I suppose INI itself may be so generic as to not really qualify as supporting another program's data format, but even so it would be pretty simple to make a .INI translator program that simply search and replaced the [SECTION] tags with differently named tags, and distribute a converter that converts their format into your format prior to import. I really wish SCOTUS would do something about data formats: No one should be able to assert rights over something ilke .WAD, .JAR, .INI, CSV, XML ugh, Microsoft was sued over using XML.. So, I think the only way to achieve that is to say all file formats are public domain. Good luck with that.

      Then again, IANAL. However, I've been through this shit several times. There's nothing you can actually do at all to avoid being sued. Anyone can sue for fucking anything, why worry about it? Oh No! A million people could sue me tomorrow! No problems folks, I'm incorporated. That would be the sixth time I close up shop and re-open the next day as a different corporate entity, I'm exceedingly efficient at it. Hell, get your own incorporation today, even if you're not going to run a business! Just pay your corporate dues and file your taxes, and you can sell them off for a decent profit to bigger corporations that need a few shell corps to do some dirty work under -- And on paper can be "In good standing since $INCORPORATION_DATE." Yep, brand now company buys an LLC shell to operate under and adopts its good standing credit, and incorporation date.

      So, bottom line: Are you incorporated or operating as a 501c3 charity? If so, fuck em till you get sued, then fuck-em some more. Your code is open source, and you're protected by the corporate veil: Be Prepared to Reboot in case you have to "turn it off and on again". If there's no insulating imaginary person-hood in place, then get yourself that way ASAP, and get a damn lawyer. There's free "pro bono" advice to be had, esp. for non-profits, but Slashdot isn't the place to ask for it.

    23. Re:Who knows, I'm not a lawyer... by hawkinspeter · · Score: 1

      The request was just an email. It's not worth paying a lawyer when you can just ignore the email. Wait until they send a letter before lawyering up.

      I can't see how ToS are relevant if he's not using their software.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    24. Re:Who knows, I'm not a lawyer... by viperidaenz · · Score: 1

      What about her wizard sleeve?

    25. Re:Who knows, I'm not a lawyer... by _KiTA_ · · Score: 5, Insightful

      And once again for the 1,000,000 time, yes, and this isn't the place to get legal advice...

      True, but there's really any advice that you should ask for from ./er's? How to meet members of the opposite sex? Which Linux distro to use? Whether Metro is better than Unity?

      Once you get it in perspective, the question makes as much sense as any other.

      Except this wasn't even a request for advice. This was a thinly veiled attempt to invoke the Streisand Effect.

    26. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 1

      How to meet members of the opposite sex?

      9.999999% of the time, the first step is to log off of slashdot.

    27. Re:Who knows, I'm not a lawyer... by Joce640k · · Score: 1, Funny

      They don't last forever but this one's been going quite a while now. No need to hoard, though, unless Unicomp goes out of business.

      --
      No sig today...
    28. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      why can't we have a place online that's meant for getting legal advice, and good ones, and for free?

    29. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 1

      Only 10% of the time? That's a fair amount less than I expected

    30. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 1

      And it worked: I never had heard of CCleaner before. Quite catchy name, I'll sure remember it.
      OK, it also mentioned this other thing with B ... I just cant remember the name. ;-)

    31. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      That's because 90.000001% of all people on Slashdot are not logged in.

    32. Re:Who knows, I'm not a lawyer... by egcagrac0 · · Score: 1

      I have ONE Model M. They're indestructible, after all.

    33. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 1

      "Next time, get clarification - the specific temperature of 'hot grits' should not be enough to cause third degree burns."

      Nowadays the metrosexuals call it Polenta.

    34. Re:Who knows, I'm not a lawyer... by foobsr · · Score: 1
      They're indestructible, after all.

      Agreed, though I have one spare; quite sure both will outlast me.

      CC.

      --
      TaijiQuan (Huang, 5 loosenings)
    35. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      I get how Piriform may be trying to invoke the Streisand Effect, but not the asker here. Are you referring to a slight modification to the definition of the Streisand Effect such that it applies here (in which case, please tell us what modification) or do you simply not understand the definition of the Streisand Effect as found on, say, Wikipedia?

    36. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      Protip: In the future if you want to incorporate a 3rd party's data format, implement a plugin system and API for importing the generic data to isolate the main application from the import functionality. Distribute the plugin that implements the import feature separately, it can download after install at the behest of the user. Defer all complaints about plugin functionality to the "owner" of the plugin -- A different entity than the one that holds the rights for the main application. I call that a firewall.

      Sigh. That's not a pro tip. That's an untested opinion/idea. It only works if you assume (incorrectly) that lawyers and judges are all actually idiots. You cannot get around legal liability by being "clever", and the more "clever" you are, the bigger the book they throw at you will be. (And yes, I had the same idea, years ago. I've grown up since then.)

      IANAL

      -1: Redundant. We can already tell from what you said beforehand.

    37. Re:Who knows, I'm not a lawyer... by sumdumass · · Score: 1

      Actually, when I read the link in the complaint letter, it appeared that the file being used was being extracted from the CCleaner/piriform itself.

      When you read "It has come to our attention that your software BleachBit includes a
      feature which enables users to import CCleaner data into your program:" just before reading the site it is linked to, you get that impression when you read "Bleachbit takes advantage of this as it can import all of CCleanerâ(TM)s cleaning locations".

      I think this is a mistake on piriform's end in part if not all because of the explanation of the file being the same data ccleaner uses.

      Then again, according to piriform's TOS, they consider linking to the site to be covered and the name ccleaner part of their trademark that is also covered by it.

    38. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      (To put it in simple terms any Slashdotter can understand: The legal system interprets cleverness as damage and routes around it.)

    39. Re:Who knows, I'm not a lawyer... by KitFox · · Score: 5, Interesting

      Maybe I'm missing something here, but....

      Group 1 makes a third-party add-on that works with Company A's and Company B's product. Neither company controls Group 1.
      Company A is not using anything at all from Company B, but makes use of Group 1's items.
      Company B is telling Company A to remove the feature of using Group 1's items because it violates ToS.

      So either Company B's person somehow thinks that the Company A product violates B's ToS (which is not in effect, since B is not in use at all and the interaction is with a third party), or B thinks that A's implementation violates Group 1's ToS and is giving a "courtesy" alert. If the former, then a simple response pointing out that A's product and feature does not utilize anything under the control of Company B and thus Company A is not subject to B's Terms of Service since B is not providing any services to A would suffice. If the latter, then check the ToS of Group 1 and remedy if the allegations are correct.

      I suspect that somebody (Louise) saw the words "CCleaner's Winapp2.ini files" in the ghacks article that implies (apparently incorrectly) that the files are created by and owned by Piriform, so assumed that her company owns them and nobody else is allowed to use them. Instead the case looks to be that "Group 1" creates and owns them and her company USES them, so her company's ToS does not apply to the use of a third party item they don't own or control.

      --

      @Whee

    40. Re:Who knows, I'm not a lawyer... by JWSmythe · · Score: 1

      I think you missed the part of...

      Anyone can sue anyone else, at any time, for anything.

      Here, one of the morning radio show hosts spent two weeks in court because another morning radio show host was offended that there were jokes made about him.

      Two weeks, and a metric fucktonne of money spent by both sides, so the jury could decide in just a few minutes that the accuser was a whiny bitch.

      I paraphrase that decision, of course. It was something like 47 items of the lawsuit, each decided as "as you kidding, we're only getting paid $15/day for this."

      --
      Serious? Seriousness is well above my pay grade.
    41. Re:Who knows, I'm not a lawyer... by hawkinspeter · · Score: 1

      If the file was extracted from CCleaner, then it's a case of copyright infringement, not violation of the ToS. I didn't get the impression that BleachBit was distributing it - they just allow that data format to be imported, so I don't see that they are infringing copyright.

      It doesn't matter what is in their ToS if their software isn't being used. I could make up a ToS stating that any use of the .txt extension is forbidden, but it would never be enforceable.

      By reading this you have agreed to my Terms of Service which includes the agreement that you shall never use the plain text file extension of ".txt" or any related format.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    42. Re:Who knows, I'm not a lawyer... by gl4ss · · Score: 1

      it doesn't matter where the file comes from.

      now if they have some crazy GIF style patent on the file format.. then they could invoke that. but they can't really go around telling people to drop support for their type of file otherwise.

      the usual corporate thing would be to change the format for the next version slightly. and then make it so that you can't read it without having a copy of some copyrighted code, so doing the same as slapping some drm on it.. but if the fileformat is hand edit friendly for user submissions on malware or something that probably wouldn't fly too well...

      --
      world was created 5 seconds before this post as it is.
    43. Re:Who knows, I'm not a lawyer... by fuzzybunny · · Score: 1

      On the other hand, a "firm request" doesn't quite sound like a legal threat. Anyone can send a "firm request".

      Many people, myself included, are likely to first ask politely, and explain why we're asking, rather than paying money to a lawyer. It often gets much better responses and causes everyone involved much less grief and expense if it's a reasonable request phrased nicely.

      You can always go to a lawyer after that if you are really insistent and have a case.

      --
      Cole's Law: Thinly sliced cabbage
    44. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      And once again for the 1,000,000 time, yes, and this isn't the place to get legal advice...

      While perhaps best possible advice from a selfish point of view, this attitude does nothing to fix the real problem, which is that you live in a goddamn fucking lawyerland where the persisting attitude is that as long as everything is correct on paper, everything just IS correct and fuck the common sense.

    45. Re:Who knows, I'm not a lawyer... by dolmen.fr · · Score: 1

      A lawyer may tell him this:

      It depends if he's himself a user of the Piriform software.
      If he isn't and has never been, there is no contract between him and Piriform, so the TOS do not apply.

    46. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      lolol a Borat joke

      no wonder you're a virgin

    47. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 1

      he jailbroke an iphone

    48. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      Best Pizza outfits, also a good bet.

      I don't know about you, but I didn't have a choice. My outfit was whatever my employer (Dominos, Pizza Hut, Papa Johns, etc) said it was.

    49. Re:Who knows, I'm not a lawyer... by Farmer+Pete · · Score: 1

      If the INI file hold proprietary data that CCleaner generates, than they may have some merit in their case. Having said that, what kind of an idiot would put proprietary data in an unecrypted ini file, and then have the balls to bitch about it when someone uses said file? I mean, really guys? You couldn't at least obfuscate it or something?

    50. Re:Who knows, I'm not a lawyer... by Cwix · · Score: 2

      Says the douche who caught the reference.

      --
      You are entitled to your own opinions, not your own facts.
    51. Re:Who knows, I'm not a lawyer... by Impy+the+Impiuos+Imp · · Score: 3, Informative

      From the "community" web site:

      What is Winapp2.com?
      Winapp2.com is the official website of Winapp2.ini, an addon for CCleaner, System Ninja, and
      BleachBit
      that adds support for over one thousand additional programs. For more information about the project, its authors, and the website, click on About in the site navigation.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    52. Re:Who knows, I'm not a lawyer... by antdude · · Score: 1

      Why are you getting baby birds?

      --
      Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
    53. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      dude take a chill pill and step out of your tiny 'rtfm' lifestyle.

      i am sure anyone intelligent enough to post on /. is probably smart enough to make the exact same conclusions as you did above.

      Have you never bounced a simple question off a friend even though you knew the answer? Just to hear a different, and potentially unexpected, viewpoint?

      What is happening to slashdot? why is the answer to everything, "Did you even google?"
      We are here to help, not bash every question.

    54. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      Finally, some that sees the obvious

    55. Re:Who knows, I'm not a lawyer... by cp.tar · · Score: 1

      I find this fairly analogous to foobar using community-created Winamp skins; Winamp requesting foobar remove the feature. I do seem to remember foobar being able to use Winamp skins even though a quick Google search seems to say it is no longer so (I don’t even remember the last time I used a music player on Windows).

      I am definitely not a lawyer, but it seems to me there is zero merit here. And if there is any merit in the case such as it is presented, I posit that the whole system is so fscked up that it deserves to fail. Miserably.

      --
      Ignore this signature. By order.
    56. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      yeah fuck that shit /Reiser

    57. Re:Who knows, I'm not a lawyer... by NewWorldDan · · Score: 1

      How to meet members of the opposite sex?
      Criagslist personals, one night stands subsection. Watch out for trannys, unless you're in to that sort of thing. It's cool, I won't judge.

      Which Linux distro to use?
      Slackware.

      Whether Metro is better than Unity?
      It is, but that's not a big deal, because neither run on Slackware.

      Do I need to talk to a lawyer?
      Unless you're being sued or charged with a crime, probably not.

      Really, people, I should just write a bot to answer these questions.

    58. Re:Who knows, I'm not a lawyer... by dririan · · Score: 1

      Winapp2.com is the official website of Winapp2.ini, an addon for CCleaner, System Ninja, and BleachBit that adds support for over one thousand additional programs.

      http://winapp2.com/

      It doesn't come from CCleaner, CCleaner merely supports it as well. They may have even come up with the format (I don't know), but the file was created by the community not Piriform.

    59. Re:Who knows, I'm not a lawyer... by CDS · · Score: 1

      My model M is old enough to legally drink :) (mfg 01/89)

      I have a couple spares too (just in case... No doubt I'll be buried with them!)

    60. Re:Who knows, I'm not a lawyer... by Runaway1956 · · Score: 2

      Wait, wait, wait. CAT people? As in "Cat Power"? Why on earth would anyone WANT a diesel engine if it's not a Caterpillar? You've lost me here - few people even try to argue that Cat is the best, and most of those work for Cummins or Detroit. The rest are from Europe.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    61. Re:Who knows, I'm not a lawyer... by hawkinspeter · · Score: 1

      I thought as much. It really looks like Piriform haven't got a leg to stand on.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    62. Re:Who knows, I'm not a lawyer... by dririan · · Score: 1
      Agreed. I don't know if a lawyer approved it, but the letter sure as hell didn't come from one...

      Louise Kinane
      Customer Experience Manager | Head of UK Operations | Piriform

      IANAL, but I agree with the advice to send a polite but firm "no, unless you can provide a legal backing to your request".

    63. Re:Who knows, I'm not a lawyer... by hawkinspeter · · Score: 1

      Probably more prudent to just completely ignore it until it does come from a lawyer. (IANAL, but I'm perfectly happy to give free legal advice to anyone as long as it can't be traced back to me).

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    64. Re:Who knows, I'm not a lawyer... by Spiridios · · Score: 3, Funny

      "You've been a bad boy resisting arrest like that, and you need to be ... punished!"

      Oh god, kill me now. I just read that in Jar Jar's voice.

    65. Re:Who knows, I'm not a lawyer... by sumdumass · · Score: 1

      Actually, it would matter where the file comes from. If piriform adds to it in its implementation, you have copyright issues. But the only distribution restrictions I can find on it is to link to the current form to ensure it is up to date. If piriform stays a version out of date to make sure changes are tested before being added, then their sites TOS could prohibit downloading just the list and not the complete product. In fact, it might be something exactly like that because they think in imports ccleaner data, not a list from a third party site. See "feature which enables users to import CCleaner data into your program" in the complaint.

      It looks to be a misunderstanding from how the page is worded. "Bleachbit takes advantage of this as it can import all of CCleanerâ(TM)s cleaning locations" implies that it is taking the data directly from ccleaner, not the same source for the same data points ccleaner uses.

      They aren't saying you can't use the data file, they seem to be saying you can't import it from their program on their site which does make a big difference. Again, assuming he is importing it from the winapi site, it is a misunderstanding based on poor wording of a third party hosted advertisement.

    66. Re:Who knows, I'm not a lawyer... by sumdumass · · Score: 1

      "it can import all of CCleanerÃ(TM)s cleaning locations"

      Read that again. The entire paragraph with emphasis on that portion of the sentence makes it sound as if the file is downloaded from ccleaner hosted at piriform. That would be a TOS and likely copyright if true.

      But I think it is semantics bogging the boat down here. Should that be reworded to, "it can use the same cleaning locations that ccleaner uses", I do not think this would have happened.

    67. Re:Who knows, I'm not a lawyer... by nitehawk214 · · Score: 1

      Oooh, a sexy chick in uniform! Tell us how that went!

      I think she might have been into the "bondage" thing, because she cuffed me.

      I've heard this one before. "You've been a bad boy resisting arrest like that, and you need to be ... punished!"

      Followed by... "You have the right to remain silent..."

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
    68. Re:Who knows, I'm not a lawyer... by hawkinspeter · · Score: 1

      Even if the file is downloaded from Piriform's website, surely it is the enduser that should be agreeing to the ToS and copyright is irrelevant if the enduser isn't distributing it.

      However, the file actually comes from winapp2.com which isn't owned by Piriform, so the whole violating the ToS is completely bogus. I would just ignore the email request and wait to see if a lawyer's letter ever shows up.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    69. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      But did she spank you?

    70. Re:Who knows, I'm not a lawyer... by TENTH+SHOW+JAM · · Score: 1

      Not lawyer. But reading through the instructions, I would say that, unless you (the developer) have agreed to any of CCleaner's terms and conditions, or encouraged users to do so, you are in the clear.

      My reply to them would be thus.

      Dear ,

      Thank you for the interest in my product.

      Please note that I will not cripple my product because you don't like it. I use clear text ini files as imports, . If you are unhappy with our programs' import function, feel free to encrypt your data. There are many libraries for doing this.

      Yours etc...

      --
      A sig is placed here
      To display how futile
      English Haiku is
    71. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      Wow, you worked for all the big 3?
      I prefer mom and pop pizza shops, hopefully with a New York style, that way you get to work with the "customer is always a dick and a retard when it comes to pizza" attitude and its considered normal.

    72. Re:Who knows, I'm not a lawyer... by Anonymous Coward · · Score: 0

      Maybe I'm missing something here

      My thoughts exactly!

      I was NOT saying in any way shape or form that Piriform had a case. I was expressing uncertainty.

      The situation here seems so bizarre that I would want to ask a heap of questions to clarify the relationships between the parties, the technical aspects of use and probably other things I haven't even thought of that might come up during the interview. I would need to look at the ToS to determine whether there was a breach and if so what its effect was. I would need to look at the relevant statutory provision and their specific wording to see if the apparently far too distant activity of BleachBit could possibly be brought into any claimed breach and infringement, specifically the provisions that relate to authorisation and circumvention devices.

      What is surprising to me is that, even without any legal training, people working with the same paucity of relevant information are able to be far more certain about the actual legal situation than I am. Odd, don't you think?

    73. Re:Who knows, I'm not a lawyer... by thegarbz · · Score: 1

      Oooh, a sexy chick in uniform! Tell us how that went!

      I think she might have been into the "bondage" thing, because she cuffed me.

      I've heard this one before. "You've been a bad boy resisting arrest like that, and you need to be ... punished!"

      Followed by... "You have the right to remain silent..."

      and out comes the ballgags.

    74. Re:Who knows, I'm not a lawyer... by sumdumass · · Score: 1

      I don't think adding a feature to a program that specifically allows the download of a specific file from a specific site will escape scrutiny as being the "user's" fault if the issue is ever pushed legally. TOS could apply if that were in fact true. However, I do not think it is.

      What I would do, is change the wording that caused the ambiguity in the first place and avoid having some company and your users from becoming under the impression that you are using files from a specific program. It wouldn't take much to reword the article reference or to post a clarifying correction making sure that it is understood that the same information from a third party that one uses is used in the program instead of appearing like it takes the information from the program.

  2. IANAL by Anonymous Coward · · Score: 5, Informative

    I am not a lawyer nor your lawyer, but I would just ignore the e-mail. Don't answer, just ignore it. Importing a text file has nothing to do with their ToS. This is not a legal advice.

    1. Re:IANAL by Garridan · · Score: 5, Informative

      Yeah -- unless you're using their software, you can't violate their TOS.

    2. Re:IANAL by ganjadude · · Score: 5, Funny

      I put out a CD ripping program years ago (not gonna link it because its dated and useless by todays standards) but in the ToS, I wrote that I was given the right to each users first born child as well as hand jobs from any male users girlfriend... I dont think that would hold up in court if i pushed it, but it WAS in my programs ToS

      --
      have you seen my sig? there are many others like it but none that are the same
    3. Re:IANAL by hawkinspeter · · Score: 5, Funny

      I am a lawyer and I'm your lawyer. Just ignore the e-mail. This is legal advice.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    4. Re:IANAL by Anonymous Coward · · Score: 0, Insightful

      By including that phrase which would indeed be declared invalid in court due to breaking laws (slavery, solicitation), you will have invalidated every other clause in the contract (unless you explicitly had a limitation clause in there saying if any clause is declared invalid all other clauses remain effective). As such you effectively have said they can do anything they like with it.

    5. Re:IANAL by Anonymous Coward · · Score: 0

      What did you do with the children? It's not like you were looking for manual labor...

    6. Re:IANAL by TheMathemagician · · Score: 1

      IANAL either but ignoring legal communications - even bs ones - isn't good practice. I would reply in an extremely minimalist way, don't make the mistake of getting into rant mode. Don't give any opinions or statements open to interpretation. I'd just reply and state that as you are not a user of their software you are not bound by its terms and conditions.

    7. Re:IANAL by Anonymous Coward · · Score: 0

      Yeah -- unless you're using their software, you can't violate their TOS.

      I don't think they are suggesting he is violating their TOS. The obvious implication is that he is facilitating others to do so. I believe the Digital Millenium Copyright Act made that illegal in the United States.

      Also, ignoring legal requests is usually a bad idea but responding poorly could be worse.

    8. Re:IANAL by The+MAZZTer · · Score: 1

      Plus, lots of programs can open winapp2.ini and read its contents. For example, Notepad.

    9. Re:IANAL by Anonymous Coward · · Score: 0

      nope. urban legend detected.

    10. Re:IANAL by Farmer+Pete · · Score: 3, Funny

      I used that software. After the birth of my first son, I tried to contact you, but I was unable to. Now that I've found you, you can take delivery of my son. I'm also going to have to charge you for 5 years of back child support. I mean, he was your property that I took care of after all. I am due compensation. I'm sure the court will side with me after reading the TOS that you published.

    11. Re:IANAL by Anonymous Coward · · Score: 0

      What did you do with the children? It's not like you were looking for manual labor...

      Of course he was. Didn't you read his post? His other request was for hand jobs.

    12. Re:IANAL by Anonymous Coward · · Score: 0

      This is certainly not legal advice, but it sounds like BleachBit is reading a file (winapp2.ini) produced by WinApp. Piriform, their panties firmly bunched up, sent BleachBit a letter requesting that BleachBit stop importing those winapp2.ini files.

      My first action would be to suppress my reaction of telling piriform to blow me.

      Second action would be to seek written permission from WinApp to import winapp2.ini files. This is part of preparing a legal defense/counter punch. But wait .... I go to the winapp2 web site and it says, right on the home page: "Winapp2.com is the official website of Winapp2.ini, an addon for CCleaner, System Ninja, and BleachBit that adds support for over one thousand additional programs."

      Print that out on paper and pdf. Download the page. Save it.

      If I were feeling testy, I'd respond to piriform -inviting- them to stop importing winapp2.ini instead. Otherwise, I'd not respond at all.

    13. Re:IANAL by rahvin112 · · Score: 1

      Your attempt to traffic in human beings has been noted, the authors clever deal with law enforcement has allowed law enforcement to track your attempt to sell your son and the proper authorities will be by shortly.

    14. Re:IANAL by Garridan · · Score: 1

      Meh. If somebody takes my legal advice, they've got another thing comin'.

    15. Re:IANAL by Farmer+Pete · · Score: 1

      I didn't sell my son. I used the software, and then found that I had apparently agreed to these terms unknowingly. I am a man of my word, and I will not go back on a contract I agreed to. Thus, I am owed $50,000 in support costs, and $15,000 in medical fees. I will take this to court if I must.

    16. Re:IANAL by Anonymous Coward · · Score: 0

      How is first born child not sexist? It acknowledges the existence of women, and that's enough to label someone sexist, right?

    17. Re:IANAL by Anonymous Coward · · Score: 0

      Bollocks, only that part would be invalid.

    18. Re:IANAL by Anonymous Coward · · Score: 0

      Why only the male users' girlfriends? What's wrongs with female users' girlfriends?

    19. Re:IANAL by ae1294 · · Score: 1

      Shalom,

      I have been retained as lawyer for the previous lawyer and here by order you to disregard his previous statement and any future statements in regard to this matter. My client has been adjudicated "mentally unsound" this day, Shevat 26, 5773 in the great state of New York. Please refer all future corespondents to our main office located in sunny downtown Belmopan Belize.

      Thank You,
      ae1294 Esquire

    20. Re:IANAL by ganjadude · · Score: 1

      dude, i was 14 at the time i wrote this program. I am happy quite happy these days

      --
      have you seen my sig? there are many others like it but none that are the same
  3. You don't distribute the ini file, correct? by Anonymous Coward · · Score: 0

    If you don't distribute the ini file, and the ini file isn't encrypted, you can ignore his request the same way anyone who creates an emulator, but doesn't distribute any roms (and doesn't include any functionality to break any encryption some roms may have) does. There's nothing illegal about what you've done, AFAIK.

    Of course, talking to a lawyer is the only place to get proper legal advice, slashdot is just a peanut gallery.

    1. Re:You don't distribute the ini file, correct? by Pseudonym+Authority · · Score: 5, Informative

      winapp2.ini is not property of Piriform. It is a separate project by other people and even notes the compatibility with BleachBit as a feature. Piriform is just being a bunch of assholes. Fuck them.

    2. Re:You don't distribute the ini file, correct? by InvisiBill · · Score: 2

      winapp2.ini is not property of Piriform. It is a separate project by other people and even notes the compatibility with BleachBit as a feature. Piriform is just being a bunch of assholes. Fuck them.

      If the OP is advocating that the user download some other company's cleaner program so that your cleaner program can read its definitions to more effectively clean things up, that seems like a bit of a jerk move, even if it is 100% legal (compare to taking a GPL project and simply rebranding it with your own logos and rereleasing it).

      However, Winapp2.ini seems to be completely separate from Piriform and CCleaner, as pointed out. Simply remove all references to Piriform and CCleaner from your site (Are you SEO-mooching off their name?) and point out that BleachBit can use Winapp2.ini, just like the Winapp2.ini site states. As far as I can tell, there's no need to mention the other company or product on your site at all, so just remove them. Piriform will have much less to stand on if both products simply have the ability to read in some third party definition file, and your product has nothing at all to do with CCleaner.

    3. Re:You don't distribute the ini file, correct? by Anonymous Coward · · Score: 0

      I have been using ccleaner for what, nine or ten years now?
      congrats piriform, I never even heard of bleachbit until i saw this article.
      Now i have to try it to see how it works. What a load of crap from the crapcleaner people, I may never come back.

    4. Re:You don't distribute the ini file, correct? by Anonymous Coward · · Score: 0

      Piriform is just being a bunch of assholes. Fuck them.

      Wear a condom.

  4. Really? by Anonymous Coward · · Score: 1

    You can read and parse any file you like.
    In what scenario is this possibly a problem?
    (Unless someone stole code)

  5. LOL by Anonymous Coward · · Score: 1

    I wouldn't blink until they had their lawyer send a hard copy to you. Email copy if you can authenticate.

    IANAL nor a programmer. Anyway, reverse-engineering is legal though I have no idea how you did it. If you had no help from their program then they don't have much to stand on. If you did, then they may have cause to sue but it's possible all they can sue for is a breach of EULA (NOT a contract).

    Considering it's just an INI file, I doubt it was too difficult to figure out. Nobody owns file extensions, and nobody should own data except the creator, but software patents make the last part a bit murky.

  6. Backfire by J'raxis · · Score: 5, Interesting

    I've been using CCleaner on the few Windows boxes I maintain for a while now. I'd never heard of BleachBit. It looks like it does a lot more than CCleaner, and especially in light of Piriform's obnoxious legal theats, I think I'll switch to BleachBit.

    Thanks, Piriform!

    1. Re:Backfire by Moridineas · · Score: 2

      To be fair, while Piriform's request might be considered obnoxious, there's really not a threat involved. As far as letters go, it was pretty mild.

      That's not to say that threats (legal or otherwise!) won't be forthcoming, but they're not here yet. I hope slashdot follows up; will be interesting to see what happens next.

    2. Re:Backfire by DigiShaman · · Score: 2

      BleachBit can run in CLI mode. We've scripted it to run on PCs over the network. Part of a monthly maintenance. Generally stuff that slows down the system. One thing that really bugged me about CCleaner is that it never provided an option to clean multiple local profiles on one machine even when logged in as a local admin. WTF?! Why not?. This would have been a God-send for cleaning up old and crusty Windows Terminal Servers.

      --
      Life is not for the lazy.
    3. Re:Backfire by icebike · · Score: 0

      Cli mode? It wanted me to install Wine. Toss.

      --
      Sig Battery depleted. Reverting to safe mode.
    4. Re:Backfire by Anonymous Coward · · Score: 2, Insightful

      Da fuq? Having browsed first ~5 pages of J'raxis' comments, I see not a single case of astroturfing.

      His sig is indeed in bad taste, but that's not a reason to spread misinformation -- or worse, upmod disinformation.

    5. Re:Backfire by Anonymous Coward · · Score: 0

      I was thinking exactly the same! Never heard of Bleachbit, but from now on, I'll never use CCleaner again and will recommend Bleachbit! Thanks!

    6. Re:Backfire by Inda · · Score: 1

      Add me to the list.

      I've used CCleaner on other people's PCs. Bleachbit now sounds like a better option.

      --
      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
    7. Re:Backfire by Anonymous Coward · · Score: 0

      I've been using the native linux client for a year now. You downloaded the wrong one.

    8. Re:Backfire by Anonymous Coward · · Score: 0

      Wow. Shashvertisements do work!

    9. Re:Backfire by Anonymous Coward · · Score: 0

      Does BleachBit have this?? I'd love a solution!

    10. Re:Backfire by Tomji · · Score: 1

      it does offer cleaning other profiles, just not in the free version, you have to use the corporate version.

      Been using CCleaner for years, will however now also try BleachBit in addition.

    11. Re:Backfire by Raenex · · Score: 1

      To be fair, while Piriform's request might be considered obnoxious, there's really not a threat involved. As far as letters go, it was pretty mild.

      There's always an implied threat with this kind of letter, especially when appealing to a legal document such as terms of use.

    12. Re:Backfire by Moridineas · · Score: 1

      I stand by my statement. I've (or, my company) has been on the receiving end of more than one similar letter, and as far as legal letters go, that one was extremely mild.

  7. Hanlon's razor by whoever57 · · Score: 2

    This is probably just an example of a clueless PHB who doesn't realize the souce of the winapp2.ini files.

    Perhaps a polite letter asking how you are violating their TOS, pointing out the source of the winapp2.ini files? Also, you probably never accepted their TOS did you?

    --
    The real "Libtards" are the Libertarians!
    1. Re:Hanlon's razor by Skapare · · Score: 3, Informative

      They said "terms of use". Use of what? If HE downloaded CCleaner files and included them with his app, then I do see problems galore. But if he did not download CCleaner files himself I do not see how he is obligated contractually to their terms. Contract Law 101.

      --
      now we need to go OSS in diesel cars
    2. Re:Hanlon's razor by tlhIngan · · Score: 3, Insightful

      They said "terms of use". Use of what? If HE downloaded CCleaner files and included them with his app, then I do see problems galore. But if he did not download CCleaner files himself I do not see how he is obligated contractually to their terms. Contract Law 101.

      Depends how he wrote his winapp2.ini importer. Did he use Pinform's documentation/SDK? If so, something may apply if that documentation was provided for the purpose of having users write winapp2.ini files and not for the purposes of developing a competing app.

      If he wrote it by examining how users wrote their winapp2.ini files and made guesses, then he's in the clear (reverse-engineering).

      If he asked for help from the community, things get trickier because now the licenses and all that are horribly tangled.

      I would get a lawyer and compose a polite reply asking why they think it's a TOS violation - perhaps they thought you accessed their documentation and used it against the license?

      Right now things are at the "polite" level. Asking for more information on what they think is wrong doesn't hurt, maybe even politely explaining and showing documentation you didn't violate the ToS. It could be a huge misunderstanding and they thought you took their file and used it directly, without realizing there are other sources? (And that's not secure - since that community source could involve someone uploading CCleaner's version).

    3. Re:Hanlon's razor by Anonymous Coward · · Score: 0

      Their API/documentation for what? Piriform does not own Winapp2 or winapp2.ini files.

  8. What are these CCleaner files? by Skapare · · Score: 2

    This will depend on the CCleaner files. If they are public visible files anyone can make for themselves, you might well have a valid case. If they are files Piriform makes, maybe not. You need an ATTORNEY to help you determine your position, and especially if they sue you. If the formatting of the CCleaner files involves a patented technology, they could have a valid basis to sue you (even though I would personally disagree with it). If the CCleaner files are encrypted, they may have a case based on cracking them. If they are in the clear, then it's no different than you having written a music player to play UNencrypted music files.

    --
    now we need to go OSS in diesel cars
    1. Re:What are these CCleaner files? by 1u3hr · · Score: 5, Informative
      They're not "CCLeaner files". Winapp 2 is made by a 3rd party See theior site:

      http://www.winapp2.com/ "This website and its files are not endorsed or supported in any way by Piriform. They take no responsibility for any damages or problems that arise from its use.",

      Looks like Piriform has sent similar messages to them.

    2. Re:What are these CCleaner files? by Anonymous Coward · · Score: 0

      u didn't bother 2 research that much did u? From the 'about' page:

      Tailored for CCleaner, however, as it was initially added to the program by Piriform to allow users to make their own custom entries, it has turned into a self-proclaimed developmental hub for crowd-testing entries for CCleaner.

    3. Re:What are these CCleaner files? by Jonner · · Score: 1

      You seem to have missed the part where the files in question come from winapp2.com, not Piriform. The fact that the same files can be imported by CCleaner or BitBleach in no way gives either Piriform or the authors of BitBleach power over the other. That's like saying that because both LibreOffice and MS Word can open a document downloaded from Joe Blow's web site, LibreOffice is doing something against Microsoft. Not even Microsoft has made such a ludicrous claim.

  9. Um, confused here by Anonymous Coward · · Score: 0

    I know, I know, actually clicking on links in the summary. Horrible me. But in the link of the email sent to you: "How To Integrate CCleaner’s Winapp2.ini File Into Bleachbit". That doesn't exactly sound like community property when the article keeps prefacing winapp2.ini with "CCleaner's". Am I missing something that should be obvious to me?

    1. Re:Um, confused here by Anonymous Coward · · Score: 0

      Eh, "How to integrate $program's $config_file into $another_program" sounds like $config_file is someone's property to you?

    2. Re:Um, confused here by sumdumass · · Score: 1

      Maybe because the wording sounds possessive as in belongs to something. Bill's ball is blue is possessive making seem like a blue ball is bills.

      The 's is the real giveaway. But when looking a third and fourth time, it looks like the statements can be read several ways. I believe this is a mistake based around unclear wording and quick reading missing the details.

  10. Well... by Anonymous Coward · · Score: 0

    You aren't using their software. You didn't agree to their terms of service. Their users may have, is this file only from their app or do others use this feature?

    If them only....You should probably consult the scum of the earth (a lawyer).

    If others....Not as big of a problem in my view, but they may have scum working for them that can cause you problems.

    1. Re:Well... by Anonymous Coward · · Score: 0

      You should probably consult the scum of the earth (a lawyer).

      Thank you for the gratuitous insult.

    2. Re:Well... by arth1 · · Score: 3

      Thank you for the gratuitous insult.

      Yes, it was harsh of him to insult scum by comparing them to lawyers.

    3. Re:Well... by angelofdarkness · · Score: 1

      Yeah, poor scum! (wrong moderation, posting).

  11. Other software does the same thing... by Excelcia · · Score: 5, Insightful

    This would be like Microsoft asking OpenOffice not to import Word format. Or, for a closer analogy, for them to ask Mozilla not to have Firefox import IE bookmarks when you install it. This type of thing is done all the time. Unless they claim to have a patent on the format in the .ini file, it's totally fair game.

    1. Re:Other software does the same thing... by mizkitty · · Score: 1

      I wonder if they sent letters to the developer of System Ninja and CCEnhancer as well?

    2. Re:Other software does the same thing... by niftydude · · Score: 1

      This would be like Microsoft asking OpenOffice not to import Word format.

      Actually - it's more like Microsoft asking OpenOffice not to import txt format - Piriform/CCleaner had nothing to do with the design of the winapp2.ini format, they just happen to use it in their application - same as BleachBit does.

      --
      You can never know everything, and part of what you do know will always be wrong. Perhaps even the most important part.
    3. Re:Other software does the same thing... by Anonymous Coward · · Score: 1

      Yep. Years ago. They got told to fuck off.

    4. Re:Other software does the same thing... by squiggleslash · · Score: 1

      With respect, I don't think the summary gave anything like enough information to tell us what's going on, not even enough to make an analogy.

      What if it's not like any of this? What if it's like Linus writing the author of "APK tools for Lunix!" telling him to change his code to stop directly writing to the /etc/passwd and /etc/shadow files because he's bypassing the APIs and screwing up a lot of people's non-trivial PAM-configured systems?

      There's pretty much no context given in the summary. Someone wrote someone else a letter asking them to refrain from doing something. We don't know what. We don't know why. We don't know if it was a technical or legal matter. We don't have any information to go on at all.

      --
      You are not alone. This is not normal. None of this is normal.
    5. Re:Other software does the same thing... by Impy+the+Impiuos+Imp · · Score: 1

      So no patent or copyroght on the format or importation process. Only thing left is the winapp people are scraping the professional product's database. €So clarification would be useful. Hey, I typed Euro degrees on my clumsy smartphone keyboard.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  12. On what basis? by Anonymous Coward · · Score: 0

    One doesn't need to be a lawyer to see that a "request", polite or otherwise, has no legal standing unless it has some legal foundation. Are they claiming some kind of legal basis for their request?

    If it's nothing more than "We just don't want you to import our stuff" then you can just ignore them if you wish. They can't take you to court on a whim. (Except in the US of course.)

  13. Easy target first by infogulch · · Score: 2

    If they have a problem with their TOS being violated, then they should take it up with the people that are actually violating it. (Class action lawsuit anyone? Piriform vs All PC users: importing ini files stored in the clear. Yeah that will work.) It looks like this has nothing to do with you.

    This feature annoyed them and they figured, what the heck, if you were weak kneed about it then sending you a pansy email would be the easiest solution.

  14. He wasn't asking for a legal advice by Taco+Cowboy · · Score: 4, Informative

    And once again for the 1,000,000 time, yes, and this isn't the place to get legal advice...

    Lemme quote that guy had stated:

    Does Piriform's request have merit?

    Do I need a lawyer?

    What is a good response to avoid any ugly situation?

    Of the three quoted questions above, "Do I need a lawyer?" comes closest in resembling a "legal advice", but it ain't.

    The gist of what poster "ahziem" was looking for is "What is a good response to avoid any ugly situation?" - that is, how should one go about under that situation.
     

    --
    Muchas Gracias, Señor Edward Snowden !
    1. Re:He wasn't asking for a legal advice by Anonymous Coward · · Score: 0

      Only thing to protect you against shitbag lawyers is more shitbag lawyers. It's an unfortunate truth.

      You don't answer anything until told to by the shitbag lawyer you pay. Then you pray your shitbag lawyer is better than their shitbag lawyer.

    2. Re:He wasn't asking for a legal advice by Anonymous Coward · · Score: 5, Funny

      "Do I need a lawyer?" is a question that only a qualified lawyer such as myself can answer.

      Let's call that a half hour.

    3. Re:He wasn't asking for a legal advice by AmiMoJo · · Score: 4, Insightful

      The questioner doesn't say where he is based, which makes a big difference. In Europe this kind of compatibility is specifically permitted by the law, so there really is nothing Piriform can do.

      A polite "no" might be a good place to start, and then see what their response is. Ask them to explain why they want it removed and what basis they have for asking.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    4. Re:He wasn't asking for a legal advice by chrismcb · · Score: 3, Insightful

      If you need to ask the question "do I need a lawyer" then the answer is probably yes.

    5. Re:He wasn't asking for a legal advice by snemarch · · Score: 1

      A polite "no" might be a good place to start, and then see what their response is. Ask them to explain why they want it removed and what basis they have for asking.

      Start by asking the why/what-basis questions, politely, without explicitly declining their request. While waiting for reply, check out which lawyers are available in your area. Depending on Piriform's reply to your inquiry, go and talk to one of those lawyers - even if you're in .eu where IANALs believe you're allowed to do the importing based on laws around interoperability.

      --
      Coffee-driven development.
    6. Re:He wasn't asking for a legal advice by Anonymous Coward · · Score: 0

      If you need to ask the question "do I need a lawyer" then the answer is probably yes.

      Hell no! Too expensive. You're a smart guy just represent yourself, how hard can it be?

      IAAL, but I'm not your lawyer, I'm the other guy's lawyer.

  15. How does TOS affect YOU? by Jane+Q.+Public · · Score: 1

    Why in the world would you have any obligation to honor their TOS? It doesn't legally bind you in any way.

    IANAL, but as far as I know it's perfectly legal to build an app to read data from Excel, or Word, or QuickBooks, or whatever... unless it's incrypted (in the U.S.), the makers of those programs have pretty much no say in the matter. And even if encrypted, I would not consider it a moral obligation because the laws against un-encrypting are pretty darned questionable anyway. They are just a form of corporate welfare.

    1. Re:How does TOS affect YOU? by Dasuraga · · Score: 1

      If he used CCleaner to reverse-engineer the file and there was a clause in the TOS forbidding that, it might be a problem right?

    2. Re:How does TOS affect YOU? by Jane+Q.+Public · · Score: 1

      "If he used CCleaner to reverse-engineer the file and there was a clause in the TOS forbidding that, it might be a problem right?"

      Technically, I suppose. Again, IANAL. I think that would make him, as a user, guilty of violating the TOS... but I still don't think it has anything to do with his own product reading the files. And it would be pretty hard to prove, too. He could have bought the knowledge about the file format from his next-door neighbor.

    3. Re:How does TOS affect YOU? by Drgnkght · · Score: 1

      That could be an issue, but it seems highly unlikely in this case. Having taken a look at the winapp2.ini from winapp2.com (the file isn't made by ccleaner as best I can tell.) there wouldn't have been any need to reverse-engineer anything. It is an incredibly simple format. Below is one entry from the file. It seems fairly representative. I cannot image he'd need to reverse-engineer their software to figure out what it meant.


      [Amazon Kindle for PC*]

      LangSecRef=3023

      Detect=HKCU\SOFTWARE\Amazon\Kindle

      Default=False

      FileKey1=%LocalAppData%\Amazon\Kindle\Cache|*.*|RECURSE

      FileKey2=%LocalAppData%\Amazon\Kindle\Logs|*.txt|RECURSE

    4. Re:How does TOS affect YOU? by ebspso · · Score: 3, Informative

      The header for winapp.ini contains this...
      ----
      Application Cleaning file
      WARNING - DO NOT EDIT THIS FILE

      If you would like to create custom entries then create a new file
      called winapp2.ini which follows the same format as this one.
      CCleaner will automatically pick up the new file.

      Copyright 2004-2008 Piriform Ltd, All Rights Reserved.
      This file and it's contents may not be copied or distributed
      without the express permission of the author.
      ----

      The copyright section does indeed say that you aren't allowed to use winapp.ini
      Since BleachBit and other 3rd party software are using winapp2.ini (which the copyright doesn't cover), Piriform can not insist that BleachBit stop using it.

      --
      I drink therefore I am!
    5. Re:How does TOS affect YOU? by tlambert · · Score: 1

      It's arguable that winapp2.ini is a derivative work of winapp.ini, given that they go out of their way to indicate that the format is derived. If so, then they have a legal leg from a copyright perspective, although it's not a strong one, given that it's aggregate data.

      They also have a patent filed and assigned to the company by the CEO, although 20120290530 wasn't published until 2012-11-15, which means that the use of the file predates the patent by some years.

    6. Re:How does TOS affect YOU? by Anonymous Coward · · Score: 0

      "This file and it's contents" = "This file and IT IS contents"

      Does it seriously say that???

  16. Did you agree to their terms of service? by Anonymous Coward · · Score: 1

    If you agreed to their terms of service (ever) you may be in violation. If you reverse engineered Their file format from scratch then you are in a different position.

    1. Re:Did you agree to their terms of service? by Anonymous Coward · · Score: 0

      And what is the penalty for being in violation? They don't get to use CCleaner anymore. That's it. A TOS doesn't create endless liability.

      Furthermore, the CCleaner TOS doesn't even cover this case. Here is the relevant portion of the TOS:

      >You may NOT decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Product except to the extent that you may be expressly permitted to reverse engineer or decompile under applicable law.

      Small problem. The winapp2.ini files that CCleaner uses are clear plaintext files. There is no decompiling or disassembing required. They are data files, not source code. And the format is so obvious (standard windows ini file format) that any claims of reverse engineering are an extreme stretch at best.

  17. Arkell vs Pressdram applies by Anonymous Coward · · Score: 0

    http://www.nasw.org/users/nbauman/arkell.htm (language may be NSFW)

  18. Why ? because ini file format or the contents ? by Anonymous Coward · · Score: 0

    WinApp2.ini its maintained by the community of users of CCleaner, System Ninja, and BleachBit... its a simple ini file, which lists for every app one [section] group header, followed by some lines of regex for file selection and one empty line as end of section delimiter

    if BleachBit doesnt distribute WinApp2.ini made by ccleaner... just cant see the basis for the request. BleachBit can support the non exclusive .ini configuration format, and the users can freely download the file WinApp2.ini from Winapp2.com and there is nothing ccleaner can do about it

    i am missing something ?

  19. Question Judo by SuperKendall · · Score: 1

    Ins response, offer them code (or just a document) to read your custom definition file so they can do the reverse.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  20. Pretty clueless by SilenceBE · · Score: 4, Interesting

    It sometimes baffles me how clueless some people are working in IT as "manager". Since when aren't you allowed to write an importer for an ini file that is publicly availabe. That ini file wasn't even written by piriform.

    I think this is a case of a manger that wants to get good points from the upperhand, not knowing how ridiculous her/his requests are.

    1. Re:Pretty clueless by Anonymous Coward · · Score: 0

      i can think of another case involving a manger where folks want to get good points from the UpperHand while never realizing how ridiculous their requests are.

  21. Flimsy complaints do require lawyers by l0ungeb0y · · Score: 0

    I'd say they have a very flimsy case as .ini is a commonly implemented newline delimited text format consisting of name value pairs. There is no base for any legal case other than "well OUR software generated those file, we are suing him for creating a program that can read text files our software created".

    As absurd as it may be, in the real world such an argument may be enough to win a lawsuit -- the law is not about right or wrong, but whose lawyer can make the best case and how ignorant a judge may be (or choose to be) about technology cases.

    So yes, they have a claim, and as flimsy as it is, is a valid one
    Yes, you need to get a lawyer if you plan on supporting this feature.
    No, you may not have to go to court

    Essentially, hire a lawyer who is willing to work on a small retainer and fire off a few nasty-grams in reply, that while not threatening, cite the law and the fact that .ini files are exempt from DMCA restrictions and by making use of these files at the operator's discretion and permission (by being the file owner), are not infringing on copyright.

    If they file suit against you, you'll have to pony up a larger retainer and respond to the suit. However, since there is no contract or agreement between your parties, you may be able to threaten counter-suit and sue them for legal expenses. Any competent lawyer will be mindful to remind them of these realities and most likely they wont sue.

    But all of this requires you obtain counsel and allow said counsel to present your party as a serious player to them.
    If you reply personally, they will not take you half as seriously as they would a letter bearing the letterhead from a law firm no matter how small.

  22. What's the problem? by Anonymous Coward · · Score: 4, Interesting

    It seems that piriform is all worked up about an article that implies that BleachBit is importing CCleaner's data, this article in fact. However, the article does not say anywhere that the data is coming from CCleaner, it says the data is coming from Winapp2. Note that Winapp2 specifically states that they are not affiliated with Piriform!

    In other words, it looks like Piriform is saying "You can read the same file format that we can read and we demand that you stop reading it", despite the fact that Piriform has no claim to the files in question.

  23. gist by shentino · · Score: 4, Interesting

    Basically their message is as follows:

    "You're pissing us off by having a feature that competes with us, and we have an army of lawyers to throw at you if you don't back down."

    This is blatant intimidation.

    1. Re:gist by Anonymous Coward · · Score: 3, Funny

      we have an army of lawyers to throw at you

      Perkins: "But, couldn't we just sue him?"

      Louise: "Shut up and get in the catapult!"

    2. Re:gist by brianerst · · Score: 1

      Actually this reminds me more of the SEA vs Phil Katz fight - two small companies that are at the cusp of a pissing match. I doubt that there is an army of lawyers available - if a lawsuit starts, both parties probably lose.

  24. Ignore them. by macraig · · Score: 4, Insightful

    Why should you be frightened of a violation of their TOS? Have you or your software agreed to be bound by those terms at any point? No? Well then, why the fuck are they threatening you? Answer: because it's easier than threatening their own customers who might actually be violating those TOS, since threatening them will create a Streisand Effect and have them leaving in droves for good.

    You might have another TheOatmeal-versus-FunnyJunk moment here.

    1. Re:Ignore them. by Anonymous Coward · · Score: 0

      This. And do not answer to them, as that can land you in trouble. If they ever send you something with legal value THEN you have to hire a lawyer. Until then, they're bluffing.

    2. Re:Ignore them. by Frosty+Piss · · Score: 1

      Well then, why the fuck are they threatening you?

      In fact, no one has "threatened" anyone.

      They made ridiculous request that can be safely ignored, but it was hardly a "threat".

      Way too much is being made of this by the Bleach people, but I'm sure that after this Slashdot "story", their downloads are up...

      --
      If you want news from today, you have to come back tomorrow.
    3. Re:Ignore them. by macraig · · Score: 1

      You should know an opening legal salvo when you see one by now. I'd wager that it is a threat and ultimatum, however polite and passive-aggressive it may be. I think the people who drafted the text are trying not to appear like the bully, but I think that is exactly what they will prove to be with the next letter... if they don't have the common sense to sense a battle that isn't worth winning even if it can be won and just as politely back off.

    4. Re:Ignore them. by Anonymous Coward · · Score: 0

      You should know an opening legal salvo when you see one by now

      No, you should. A legal salvo begins with a C&D. Anything less is posturing and indicates a lack of confidence, not to mention possibly prejudicing any future actual legal action. Ergo, they are not serious. (Although, of course it is a "threat", just an empty one.)

      It's the same difference between standing at a bar trying to look moody, and going and talking to a girl.

  25. Get a lawyer by steelfood · · Score: 4, Informative

    Sounds like winapp2 is an independently-developed "application" that Piriform does not own. If you wrote your own libraries to parse the file, then they'll have trouble successfully suing you. But that doesn't mean they won't sue. If you're using their libraries, then best ditch it and rewrite that piece yourself.

    In either case, you need a lawyer. Let the lawyer respond.

    --
    "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    1. Re:Get a lawyer by Jonner · · Score: 1

      The "application" in question is an INI file. The format was popularized by Microsoft, which has long provided a library and API for reading it. Whenever I need to read such a file, I use the Python standard library's implementation. It's such a simple format that it has doubtlessly been implemented dozens if not hundreds of times in many languages. I think it's pretty unlikely that BleachBit relies on any code from Piriform to parse these files.

  26. OP is either a clueless n00b... by Anonymous Coward · · Score: 2, Funny

    ...or ingenious 13th degree black belt master of the Streisand Effect.

    1. Re:OP is either a clueless n00b... by Anonymous Coward · · Score: 0

      "Hey internet, I got this private message today from Louise Kinane from Piriform, here's a link to it, and I kind of feel they're being douchey but I don't want to say to their face that they're douchey, so what's a real subtle way to handle this situation delicately without upsetting anyone? Please post about and discuss these douches on an online forum k thx."

  27. Seems like it would be easy to accomodate this by Anonymous Coward · · Score: 0

    It seems like you could run into trouble using the name "CCleaner" when referring to this file. It also seems possible that refering to the file name "Winapp2.ini" might be problematic. It doesn't look clear to me if this Winapp2.com community is associated with Piriform at all (it looks to be independent). If that is the case - the base course of action would probably be to supply them with an easy conversion from this format to some other format of your definition and ask that they make that available in addition to the Winapp2.ini file. That way you would be totally in the clear.

  28. CCEnhancer by Anonymous Coward · · Score: 0

    CCEnhancer seems to modify, read, and write the same files. I would contact the dev and see if he received a similar warning. If not it will give you a leg up if you can demonstrate that they allow some to perform these actions while attacking others. CCEnhancer in particular is a good example becuase they admit to reading an article that references the software and most certainly know what it is and does.

    Only a lawyer will be able to help you with this though.

  29. He DOESN'T need a lawyer by Anonymous Coward · · Score: 5, Interesting

    It's not a legal request and the company has simply asked him to remove the feature. He simply declines, he is under no such obligation.

    Here, I'll even craft the letter for him:

    Dear Louise,
    We are under no legal obligation to remove that feature and we therefore decline. If you believe there is a legal basis then please get your lawyer to outline your claim in more concrete terms.

    Yours,...

    Don't waste your money. There's nothing here.

    1. Re:He DOESN'T need a lawyer by dcollins · · Score: 5, Insightful

      Why bother responding? Why bother letting them know that you're listening to and giving consideration to their threats? Why bother making a paper trail of any kind?

      If I had a lawyer on staff twiddling his thumbs, then I'd have him one-up the situation and write a "shut up and don't bother us" letter; but otherwise, I'd just dodge that shit entirely and remain silent.

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    2. Re:He DOESN'T need a lawyer by jimshatt · · Score: 1

      Because ignoring such a request, instead of just declining, doesn't look well in the eyes of a judge, should it come to that. IANAL, but I strongly feel that politely declining this request is a better resort than ignoring it.

    3. Re:He DOESN'T need a lawyer by hawkinspeter · · Score: 3, Insightful

      It was just an email - just dismiss it as spam and wait for a more formal request.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    4. Re:He DOESN'T need a lawyer by sg_oneill · · Score: 3, Informative

      I think its obvious that he's considered it due to the slashdot thread!

      But yeah, he really isn't obliged to comply. Unless they can point to a specific patent or something that infringes on something then he really hasn't got any obligation to thake them seriously at all AFAIK.

      The files are created by other people, and no judge on the planet is going to accept that the agressors EULA which is an agreement between them and THEIR customers in anyway entraps third parties without the third parties consent. Just importing a datafile isn't consent otherwise the entire edifice of IT interoprerability would be under siege.

      --
      Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
    5. Re:He DOESN'T need a lawyer by Anonymous Coward · · Score: 3, Insightful

      That approach might have been more effective if he hadn't already plastered the email onto Slashdot.

    6. Re:He DOESN'T need a lawyer by nospam007 · · Score: 1

      Direct them to the site of your lawyer.

      http://www.bettercallsaul.com/

    7. Re:He DOESN'T need a lawyer by Jah-Wren+Ryel · · Score: 1

      It was just an email - just dismiss it as spam and wait for a more formal request.

      Now that he's posted it on slashdot, it is a little too late for that.

      --
      When information is power, privacy is freedom.
    8. Re:He DOESN'T need a lawyer by hawkinspeter · · Score: 2

      Can't he just point at all the responses calling for him to ignore it as justification for ignoring it? An email by itself does not warrant a response, but you're right that he won't be able to claim complete ignorance.

      To be honest, I can't see how this would get taken further when it's obvious that the terms of service aren't applicable as he's not using their software.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    9. Re:He DOESN'T need a lawyer by pla · · Score: 1

      Why bother letting them know that you're listening to and giving consideration to their threats? Why bother making a paper trail of any kind?

      You mean, as opposed to asking Slashdot and making it to the FP?

      Yeah, sure, no one at Piriform reads Slashdot. Whatever response the asker comes up with will no doubt totally surprise them. And anyway, they probably send out a hundred such requests to remove compatibility features daily, right?

      At this point, I think they have their answer, and already need to decide whether to up the stakes and lawyer up, or forget about it completely.

    10. Re:He DOESN'T need a lawyer by jimicus · · Score: 1

      Not necessarily wise. As soon as you respond - even with a relatively short response like the one you've drafted - you're potentially exposing yourself to risk. The risk is that a single throwaway sentence will somehow cause a problem - maybe it'll be interpreted as "your claims have merit" and waved under the nose of a judge, maybe it'll contradict something else you've said or done at some point, maybe it'll clear you of one thing while damning you of something else.

      This is why it's unwise to take armchair legal advice.

    11. Re:He DOESN'T need a lawyer by dolmen.fr · · Score: 1

      Why bother responding? Why bother letting them know that you're listening to and giving consideration to their threats? Why bother making a paper trail of any kind?

      Because that ./ question, being publicly accessible, is already a trail.

    12. Re:He DOESN'T need a lawyer by Cali+Thalen · · Score: 1

      ...no judge on the planet is going to...

      Hi, you must be new here, welcome to Earth.

      Just to catch you up a bit, we allow idiots to become judges here. And to hold political office. It's a kind of 'equal opportunity' thing, you might want to keep that in mind.

      Enjoy your visit!

      --
      Chaos, panic, disorder...my work here is done.
    13. Re:He DOESN'T need a lawyer by MrLint · · Score: 1

      How on earth does Piriforms ToS have any bearing on a 3rd party item. Pirifrom doesn't own it, and BleachBit doesn't use CCleaner as a module. I think someone over at Piriform needs a good swift kick in the head about what words mean.

    14. Re:He DOESN'T need a lawyer by RobertLTux · · Score: 1

      Or how about "As my product is similar and not claiming to be your product i would refer you to the response in the Arkell V Pressdram case"

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    15. Re:He DOESN'T need a lawyer by Anonymous Coward · · Score: 1

      As above, because a response would look better in court if that ever becomes an if-and-when.

      Hiring a good lawyer, if you have to money to, is always a good strategy. However, few of us have the resources to spend on hiring lawyers for letters/emails out of the blue.

      Response is best, but one does not have to answer "yes" or "no."

      A reply back could be, "We are in receipt of your request. It has been taken under consideration." Leave it at that until/unless they respond again. If they ask when they can have an answer, respond that we are not obligated to give them a timeframe, and/or send the "decline" letter if necessary.

      (Of course, if the objective of this post was simply to throw cold water on their idea with publicity, mission accomplished...)

    16. Re:He DOESN'T need a lawyer by Runaway1956 · · Score: 2

      Among other reasons, he's already posted on slashdot. One geek or another who happens to be in favor of the other guys will carry the tale of this entire discussion back to the other company's forum. At which time everyone in the world with even the slightest interest will log in or read anonymously to offer their opinions. Any potential claim of ignorance is gone with the wind.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    17. Re:He DOESN'T need a lawyer by idontgno · · Score: 1

      That's brilliant. The "Slashdot Defense:" "All the slashbots told me to do it!, Yerhonor!"

      So, yeah, ignore the email, and hope it doesn't figure into any future litigation*, or answer politely like a fellow business professional conducting a professional business correspondence.

      To be honest, I can't see how this would get taken further when it's obvious that the terms of service aren't applicable as he's not using their software.

      And, this is your professional opinion, Counselor? Oh, you're not a lawyer or even familiar with the actual jurisdiction we're talking about, let alone the law involved. You're talking out of an irrelevant and useless sense of "what should be" rather than actually giving a rat's ass about "what actually is". The kind of guy who gets found dead, run over by a train on an "inactive" rail line.

      *Yeah, litigation. You can be sued for anything. And for nothing. Merit in law has no basis in filing, only in deciding.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    18. Re:He DOESN'T need a lawyer by hawkinspeter · · Score: 1

      I get your point that I am in no way a lawyer, but I'm operating under the principle that people don't ask questions on Slashdot to get legal advice, but instead to garner opinions.

      Most businesses that I know of don't bother answering to emails that are not from (potential) customers or business partners. Why should they unless they can get good PR out of it? I'm curious about the legal status of not replying to an email, though. Do you think that not responding would lead to future difficulty if it does result in a lawyer's letter?

      In my work life, we get lots of companies trying to contact us to sell us various products and services. We generally ignore them as much as possible if we haven't asked for information - it's just a huge waste of time if we spend hours on the phone talking to salespeople.

      Thanks for the advice about rail lines - I'll make sure I double check if it's live before walking on it.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    19. Re:He DOESN'T need a lawyer by ottothecow · · Score: 1
      You aren't considering his other possible goal.

      Now everybody knows--including a bunch of devs at Piriform who don't work in the legal department and probably think that this request is total BS.

      When he responds and politely declines to remove the functionality, he even has a thread that he can point to filled with posts about how stupid a request it is

      --
      Bottles.
    20. Re:He DOESN'T need a lawyer by Anonymous Coward · · Score: 0

      Indeed. Just because someone does not respond doesn't mean they didn't get the request. If he was trying to pretend he never got it, then yes, too late for that. If he's trying to decide if the request has enough merit to even warrant a response, that's certainly debatable.

      I would probably meet with a lawyer, then given that there is likely no legal basis for the request, I would then decide not to respond. Then let them contact again and provide a firm response on the second request that amounts to: I formally request that you please stop bothering me.

    21. Re:He DOESN'T need a lawyer by Anonymous Coward · · Score: 0

      Because ignoring such a request, instead of just declining, doesn't look well [sic] in the eyes of a judge

      It doesn't look like anything in the eyes of the judge. That's exactly why you don't respond until you have to, OR unless you are acting on advice. It's best to let a lawyer decide what you want to show the judge.

  30. Well CCleaner is toast by ghinckley68 · · Score: 0

    No one even knew this thing existed till 10 mins ago.
    What is it going to take before these companies learn that blasting them selfs in the foot with 10ga legal garbage threats is just no conductive to staying in business.

    Piraform RIP in piece you just signed your own death warrant.

    --
    Linux modi 2.6.26-2-parisc
    1. Re:Well CCleaner is toast by ghinckley68 · · Score: 1

      Oj just DL and ran this thing. the UI is total first grade but man does it get the job done.

      I can see why Piriform did what they did this can become a serious threat.

      --
      Linux modi 2.6.26-2-parisc
  31. Just tell them no. You aren't bound by their terms by Anonymous Coward · · Score: 0

    Just tell them no, and be polite about it. You aren't bound by their terms; the users of their software are. Therefore, they need to address this issue with their users, not you.

    And remember to be polite! You get more flies with honey than vinegar.

  32. Play for time by epSos-de · · Score: 1, Insightful

    Do it like the Indians in the call centers. Tell them that you are working hard on this issue and are very keen to resolve it as soon as possible, but do nothing in reality.

    Play for time until they are bored.

    1. Re:Play for time by Anonymous Coward · · Score: 0

      don't forget

      "sorry you have enjoyed a non-optimal customer usage experience"

  33. who created the original project by Anonymous Coward · · Score: 0

    for the file? if it is NOT piriform, then piriform has no claim to it whatsoever unless they bought exclusive rights to it from the guy that did create it...

  34. Final answer to: Do I need a lawyer. by lpt1 · · Score: 1

    The answer is simple:
    You need a lawyer to tell you if you need a lawyer.

    Can we come up with a new law for this question, kinda like Godwins?

    Tip: What some might call a "0 hours minimum" service contract, a lawyer calls a retainer. You pay whether you use it or not, it's usually cheaper than paying per incident, and if you use it more than a time or two, you'll either get canceled or offered a nice shiny new contract with a newer shinier not-so-nice price.

  35. As far as I can tell by Kjella · · Score: 3, Insightful

    Does Piriform's request have merit? Do I need a lawyer? What is a good response to avoid any ugly situation?

    No, maybe, no sure-fire answer. The first option would be to plainly ignore it, which is probably what I would have picked until I got any more formal but since you've already publicly acknowledged receiving it that's out the window. I'd probably reply:

    "Your terms of service is an agreement between your company and your users, as BleachBit is not a party to this agreement we see no legal basis for your request and have not evaluated your claims further."

    Most likely, you'll hear nothing and it'll go away but they can always send a lawyer after you, in which case you might want one too. But I think this answer should be fairly safe since the only thing you're saying is that you never agreed to any terms of service.

    --
    Live today, because you never know what tomorrow brings
    1. Re:As far as I can tell by cerberusss · · Score: 1

      Why is replying preferable to just ignoring them? I'd just ignore them -- it's easy to get into a discussion.

      --
      8 of 13 people found this answer helpful. Did you?
    2. Re:As far as I can tell by Anonymous Coward · · Score: 0

      Because, by posting this on /., the dumbass has furnished everybody with proof that he received and read the communication. If he does not respond now, and this matter ever winds up in a courtroom (which it really, really shouldn't, but it's possible in the US of Fucking A), he's just handed the opposition a free chance to portray him as willfully infringing wtfever right they hold to winapp2.ini. Of course it's not logically sound, but it could tip the opinion of twelve people too dumb to get out of jury duty. (Yes, there are smart people who accept their civic duty -- but even if the lawyers didn't generally try to kick them off, you're a fool if you bet on having either one in your particular jury.)

  36. Don't back down by tbird81 · · Score: 1, Insightful

    Don't remove this feature. Politely tell Piriformis to go fuck themselves. If you hear from them again, get a lawyer.

    But never back down to these bullying assholes. (Unless they're willing to buy you out for $10 million or something, then I think we'd all sell out.)

    1. Re:Don't back down by Marxdot · · Score: 1

      Don't remove this feature. Politely tell Piriformis to go fuck themselves. If you hear from them again, get a lawyer.

      Precisely this, except for the "get a lawyer" part.

  37. The obvious answer by Anonymous Coward · · Score: 0

    No. Probably. "No".

  38. my response by Anonymous Coward · · Score: 0

    honestly if i were you i'd tell them to suck your balls

  39. Ignore it by VonSkippy · · Score: 1

    If it didn't arrive by certified mail requiring a signature, ignore it. Don't respond, don't ask for more details. D O N ' T.

    Email has no authority, no authentication, no traceability, nothing.

    Responding just adds more burden to you - so don't do it - just ignore that email, and any future emails.

    Until you get an official snail mail letter, preferably from a legal firm, relax they're just trolling for a easy fix.

    1. Re:Ignore it by Anonymous Coward · · Score: 0

      And as long as you don't upload a copy of their email to sourceforge.net and then post a link to it on slashdot publicly asking for advice on how to handle it, they'll never even know whether or not you read the thing.

  40. Company A asks Company B to stop using Company C? by hack++slash · · Score: 3, Interesting

    Ridiculous.

    They're trying to intimidate without using lawyers because they don't have any legal power to stop you using winapp2 - ignore them.

    --
    To do something right, you often have to roll up your sleeves and get busy.
  41. Read their complaint again by 3count · · Score: 4, Insightful

    > Does Piriform's request have merit?
    Did you read the article they are complaining about? It reads like a how-to to rip off Pirform's data. The subtlety of winapp vs. winapp2 may have gotten lost somewhere. But statements like "The Open Source disk cleaner Bleachbit takes advantage of this as it can import all of CCleaner’s cleaning locations." sounds like a real problem.

    Is this a poorly worded article or is the author suggesting taking Pirform’s proprietary data? Does your organization support/encourage people to take Pirform’s proprietary data for use in BleachBit?

    The winapp2.com site seems to list a data file from Pirform, not the community. This may not be your responsibility, but it certainly puts the whole community into question. How closely aligned are you with that community?

    > What is a good response to avoid any ugly situation?"
    I would expect you to be an expert in these tools, this market, and the winapp2 community. The fact that you are asking us these questions suggests you are not. Do you support the article? Do you support the use of anything proprietary to be used by BleachBit? Does the winapp2 community support anything inappropriate with Pirform's data? You should take a position on all of these items. Even if what you are doing is technically legal, how you present yourself can attract unnecessary trouble.

    > Do I need a lawyer?
    Who knows. So the only safe answer is "Yes". But, this is as much of an image issue as it is a legal issue. You might need a marketing person to explain this as much as a lawyer.

    1. Re:Read their complaint again by Todd+Knarr · · Score: 2, Insightful

      winapp.ini is the internal file CCleaner uses to store it's cleaning rules. It follows the basic standard Windows INI file syntax. The entries in each section are specific to CCleaner, but appear to be fairly obvious just looking at the file without any further documentation.

      winapp2.ini is an external file read by CCleaner to import additional (non-Piriform) cleaning rules. It's intended use is to let people other than Piriform add rules to CCleaner. The full documentation on it's syntax is available (without needing to agree to any terms) at http://forum.piriform.com/index.php?showtopic=32310. This file uses the exact same syntax as winapp.ini.

      So from what I can tell from this, the contents of winapp2.ini are by definition not the property of Piriform and Piriform wouldn't have any legal right to dictate who can use them. That right would rest with the authors of the entries. Piriform's contention here is that mere use of the syntax is a violation of terms, and as I noted I can get the documentation without needing to agree to any terms. So while I'd be consulting a lawyer, my first reaction would be to respond "Please identify the date on which you believe I agreed to your terms of service, and the documentation you believe supports this contention." as that's probably the first question my lawyer's going to want answered anyway. Frankly to me the demand smacks of "Your product's taking business away from CCleaner, and we don't like it and want you to stop it.". Which is fine, but falls short of the legal basis needed to force someone else to shut down their business.

    2. Re:Read their complaint again by BobTheLawyer · · Score: 4, Informative

      I am a lawyer. The previous post is wrong - the usual rules of copyright apply whether or not you've accepted terms of service.

      Piriform's objection is not very clearly stated, but there is a problem if the Bleachbit developer is encouraging people to import winapp.ini - the information in it is copyrighted and this is likely an unlicensed use. It would be prudent for Bleachbit to tell people not to use its import functionality to import Piriform's original winapp.ini, and better still if the software rejects attempts to do this.

      Whether importing third party (non-Piriform) rules is acceptable depends upon the terms on which those rules are made available. If they're posted in a forum whose rules provide the files can be used only in Piriform products then Piriform has an arguable case (that Bleachbit is procuring a breach of contract/copyright) but that's a more difficult argument for Piriform to make, as they have to show the terms of the contract/copyright license are effective.

      Bob

    3. Re:Read their complaint again by Anonymous Coward · · Score: 0

      "Congratulations, Piriform, you're a de facto standard now!"

    4. Re:Read their complaint again by Anonymous Coward · · Score: 1

      Using your logic, that's no different from log file parsers, even sed and grep could fall foul. Apache own everything written to error.log and access.log according to you, likewise for their .conf files. No wonder the wold is fscked up with legal shit. Keeps you in a very well paid job though, doesn't it?

    5. Re:Read their complaint again by faedle · · Score: 4, Insightful

      Wow, you're a crappy lawyer.

    6. Re:Read their complaint again by Anonymous Coward · · Score: 0

      Wow, that is incredibly wrong.

      It doesn't matter what information is in the winapp.ini file - he isn't distributing it, he isn't basing any work off of it. He might allows the user to import it, but Word isn't breaking any laws by opening a doc with copyrighted material in it, now is it?

      Jesus, the internet can be dumb sometimes.

    7. Re:Read their complaint again by Kingston · · Score: 1
      The file that Bleachbit users are being encouraged to import is the winapp2.ini file hosted on www.winapp2.com. The original winapp.ini file which is copyright piriform is not involved in this question.

      The source of the entries in the winnapp2.ini file is AFAIK the many hundreds of postings on the winapp2.ini forum on forum.pririform.com. Piriform includes the following on it's website terms of use

      "You may not reproduce or copy the content of our Website in any form without prior permission. We reserve the right to withdraw this permission for any reason without notice and to demand that you immediately remove any copyrighted material."

      As a different question they also include the following:

      "This terms of use and permissions within and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with English law and submitted to the non-exclusive jurisdiction of the English courts."

      I believe the OP is based in America, how would jurisdiction work in this case?

    8. Re:Read their complaint again by Anonymous Coward · · Score: 0

      Piriform claimed violation of terms of service, not infringement of copyright.

    9. Re:Read their complaint again by rahvin112 · · Score: 1

      Functional information with no creative element is specifically excluded from copyright. It would seem that these files compose only functional information and have little or no creative composition and would therefore would be unable to be copyrighted.

    10. Re:Read their complaint again by Anonymous Coward · · Score: 0

      And it has absolutely no relation to OP, as he's not reproducing or copying anything.

      They wouldn't even have a case against winapp2.com, as I really doubt their forum ToS demands transfer of copyright from posters to Piriform.

      The letter seems like a wonky attempt to scare BleachBit into submission. It's not even originating from their legal department.

  42. Unlikely by sjames · · Score: 1

    IANL, but I don't see how you could be violating their TOS if you're not a licensee.

  43. Winapp2 site states.... by deimios666 · · Score: 1

    From the Winapp2.ini site (numbering added by me):

    1. Winapp2.com is the official website of Winapp2.ini, an addon for CCleaner, System Ninja, and
    BleachBit

    2. This website and its files are not endorsed or supported in any way by Piriform. They take no responsibility for any damages or problems that arise from its use.

    3. Many entries from Winapp2.ini have been included in the official builds of CCleaner over time.

    Looks like the " CCleaner data" the email is referring to is actually Winapp2 data included into CCleaner.

    --
    I think, therefore you are.
  44. DON'T WASTE YOUR CASH ON A LAWYER!!! by Anonymous Coward · · Score: 0

    just go ahead and remove the feature, it will save you a world of hurt!
    don't be a tool to lawyers, i've had a friend who tried and you'll have to remove it anyway and be off $10,000 poorer.

  45. Did you ever agree to their TOS ? by mijxyphoid · · Score: 1

    Quote from Piriform "As this is against our terms of use, we kindly request that you remove this feature."

    Did you even agree to their TOS, or even download, install or execute their software ?
    Im not a lawyer (Just another Slashdot nutbag Lol), but I thought that you are not using any of their closed source code in your open source product,
    nor are you using their dll's or their data.

    Isnt this kinda like a Musician saying please remove the mp3 capability in your player, as this violates the TOS of our music ?

  46. Problem? by Sigvatr · · Score: 1

    I don't understand what the problem is, this all looks like legal mumbojumbo to me. Can anyone give me a layman's understanding of the situation?

    1. Re:Problem? by seebs · · Score: 1

      What you have right now is a layman's understanding of the situation. Congratulations!

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
  47. This doesn't make sense... by Cruciform · · Score: 1

    Why is Piriform reaching out when WinApp2's own site says: "This website and its files are not endorsed or supported in any way by Piriform."

    Click reply, type "No, thank you."
    Send.

  48. This is a giant AstroTurf circle. by Frosty+Piss · · Score: 1, Insightful

    Winapp2 is produced by the same people as Bleach. This is a giant AstroTurf circle.

    --
    If you want news from today, you have to come back tomorrow.
    1. Re:This is a giant AstroTurf circle. by Anonymous Coward · · Score: 0

      winapp2.ini maintainer is robert ward;

      bleachbit developed by andrew ziem.

      ya, same guy.

    2. Re:This is a giant AstroTurf circle. by 1u3hr · · Score: 1

      Winapp2 is produced by the same people as Bleach. This is a giant AstroTurf circle.

      Since both programs are free, and the connections aren't hidden, I can't see anything to complain about.

    3. Re:This is a giant AstroTurf circle. by Anonymous Coward · · Score: 1

      Can you provide proof? BleachBit seems to be produced by Andrew Ziem under a GPL v3 license. While Winapp2 is by Robert Ward & Shane Gowland, although I do see that Ward posted in the BleachBit forums to let Ziem know he changed the data format. But other than that I'm not sure they're more closely related.

      But this does show that Ziem is needlessly worried about Piniform coming after him for creating a filter to import files created and posted by an unaffiliated party in yet another party's open format.

    4. Re:This is a giant AstroTurf circle. by Anonymous Coward · · Score: 0

      The Winapp2 people post in the CCleaner forums too, maybe all 3 are connected and are very bored/hate themselves.

    5. Re:This is a giant AstroTurf circle. by Anonymous Coward · · Score: 0

      But wait. How can a third party ask you to remove support for importing from your own tool. It doesn't make any sense. I smell something here...

  49. I would say you pretty much nailed it by TwineLogic · · Score: 1

    By posting to Slashdot, you've guaranteed that either they will put up, or slink away in shame. Well done, really. I'm pleased to see all that shame-on-you-lawyers posts on Slashdot lately.

  50. You're Asking About A Windows App? by Greyfox · · Score: 1
    On Slashdot?

    Yer not from around heah, are yew?

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:You're Asking About A Windows App? by Anonymous Coward · · Score: 0

      There's also a Linux version, dumbass.

      http://bleachbit.sourceforge.net/download/linux

    2. Re:You're Asking About A Windows App? by jones_supa · · Score: 1

      Interesting. What is there to clean on Linux systems?

    3. Re:You're Asking About A Windows App? by Anonymous Coward · · Score: 0

      Browser caches etc.

    4. Re:You're Asking About A Windows App? by jones_supa · · Score: 1

      Meh. It's browser's job to keep some cap on the disk usage of the cache. Older stuff gets deleted automatically.

    5. Re:You're Asking About A Windows App? by Samizdata · · Score: 1

      Well, you can try BleachBit for Linux.

      I like that it handles compacting FF and TB databases too.

      --
      It's not the years, honey, it's the mileage. - Colonel Henry Walton Jones, Jr., Ph.D.
  51. IAAL by Anonymous Coward · · Score: 4, Informative

    I am not a lawyer nor your lawyer, but I would just ignore the e-mail. Don't answer, just ignore it.

    IAAL (not practising) and a developer and this comes closest to what I know I ought to do in this situation. Don't communicate until such time as a formal legal request is made and then communicate only as per legal advice.

    Personally I would be fighting with myself really hard to stop replying (aka giving them evidence)... however I wouldn't dream of representing myself (not even if I were practising).

    At this stage I would save myself the $$$ and just wait to see if they escalate the matter. I'm in no position to assess the legal liabilities in your particular situation. Nor should you accept the analysis or assurances of anyone commenting here. It may be they have no case, in which case their lawyer should tell them to wear it. At least in my jurisdiction a lawyer can face disciplinary proceedings for initiating action without "reasonable chance of success," and threatening legal action where no legal basis exists is a huge no-no (for lawyers that is). That may be different where you or Piriform are.

    If a formal legal letter threatening action (a lawyer is of course free to ask you to stop doing something on behalf of a client ... "pretty please ...") were received I would take legal advice in quick order.

    This is not a legal advice.

    Nor, it should go without saying, is this. It's just what I would do. If it makes you sleep better at night and you have cash to splash about you may want to get your legal team to take these jokers apart starting tomorrow.

    1. Re:IAAL by AK+Marc · · Score: 1

      At least in my jurisdiction a lawyer can face disciplinary proceedings for initiating action without "reasonable chance of success," and threatening legal action where no legal basis exists is a huge no-no (for lawyers that is). That may be different where you or Piriform are.

      That's why they never threaten leagel basis, they just state that they are a lawyer and they are requesting you do something or they'll be forced to take it to the next level. Little do they know that the next level is an even more impotent letter, strongly worded and pointless.

    2. Re:IAAL by Anonymous Coward · · Score: 0

      While IANAL I wanted to write sth along those lines too - good to hear the same from sb more qualified - this is a nice try email and should be ignored.

      You should definitly seek legal counsel (as in talk this over with a lawyer qualified in your jurisdiction) if and only if you receive a formal cease and desist letter. Also note that at least in the jurisdiction I live, an email is NOT a valid form of delivering a cease and desist letter - this may vary accoding to jurisdiction.

      The usual disclaimer - IANAL and this post is not legal advice!

  52. Advice on the chicks... by sabt-pestnu · · Score: 1

    Last time *I* followed advice from Slashdot on the chicks, I ended up on a blind double date with Rhode Island Red and a Miss La Fleche.

    Actually, I've been going steady with them ever since. Not for the romance, you perv... I need the eggs.

    1. Re:Advice on the chicks... by Anonymous Coward · · Score: 0

      Your dating a chicken and a duck? Hows the inter-species thing going?

  53. Bully tactics fail by Anonymous Coward · · Score: 0, Interesting

    Never heard of either company.
    Downloaded bleachbit. Loved it.
    Piriform may sick my duck.

  54. Data/Fact is not copyrightable by erroneus · · Score: 4, Informative

    This has been established over and over and over again in case law. Phone books, statistics and lists are not eligible for the type of legal protection being sought.

    Information is being made available by the public to the public. Part of that public includes a commercial entity. There is no case here as far as I can see.

    1. Re:Data/Fact is not copyrightable by faedle · · Score: 1

      Yes, but the PRESENTATION of facts is.

      In this case, an argument could be made that since the INI file contains presentment information it's not just simple facts, it's a presentment of factual information. Technically, even if the only "presentment" is a header that describes the file and contains a valid copyright message distributing that data is a violation (although we saw in SCO v. damn near everybody depending on that can backfire).

      That being said: assuming he's not distributing THEIR ini file (which it sounds like he isn't), he's probably got a good case. Whether he has the resources to fight it is something else entirely: you don't have to be right to file a lawsuit, you just have to have the money for the filing fees.

    2. Re:Data/Fact is not copyrightable by erroneus · · Score: 1

      A file format is not quite a presentation. And in the form of an INI, it's a pretty bland presentation if it is... bland in the sense that there is no art or creativity involved.

      In any case, the data within a phone book is not protected though the book is. In this case, the data is being used but I'm not sure the original INI in its original form is being used. And if it's not, it's trivial to reformat it.

  55. Doesn't sound like you do. by Gordonjcp · · Score: 1

    You're loading a third-party text file in a not-totally-arbitrary format into your app. Are you using any CCLeaner libraries?

    What the hell has it got to do with CCleaner, other than it just so happens that it can read the same sort of file?

    1. Re:Doesn't sound like you do. by gl4ss · · Score: 1

      they apparently came up with the file format.
      but can't see how they could successfully claim ownership over it.

      if they want to screw up with people importing the one from their cleaner utility.. they could poison it, change the format slightly or bazillion other choices.

      --
      world was created 5 seconds before this post as it is.
  56. Here is the answer, from winapp2.com by Angrywhiteshoes · · Score: 1

    What is Winapp2.com?

    Winapp2.com is the official website of Winapp2.ini, an addon for CCleaner, System Ninja, and BleachBit that adds support for over one thousand additional programs. For more information about the project, its authors, and the website, click on About in the site navigation.


    So what this says is that the .ini file is actually intended for use in bleachbit??? This boils down to this situation.

    Billy has cool toy.
    Mikey plays with Billy's toy.
    Jimmy also plays with Billy's toy.
    Mikey is mad because Jimmy and Billy have more fun playing with Billy's toy.
    Mikey calls Jimmy and says, "stop playing with Jimmy's toy or I'm going to beat you up."
    Billy's toy doesn't belong to either of them, but they both get to play with it.

    Not sure if I should be more angry that CCleaner pulled this stunt or that bleachbit fell for it.

  57. Disappointing by atomican · · Score: 1

    I like Piriform. They make nice little Windows tools that are free but do the job reasonably well without having to resort to pirating larger commercial packages. This kinda of behaviour doesn't really help them in any way once it becomes public (as per the story). At least they were reasonably civil and didn't immediately threaten legal action for non-compliance.

    1. Re:Disappointing by synapse7 · · Score: 1

      I'm removing piriform programs as we speak.

  58. Cease and decist by Anonymous Coward · · Score: 0

    Don't worry about it until they send you a cease and decist letter.

  59. Backfire and back again by jjohn_h · · Score: 1

    So competing does not necessarily means innovating, striving to be good, striving to accommodate customers. No, it includes hindering or sabotaging others who happen to offer products or services similar to yours.

    However, I was kind of sure that the hindering and sabotage approach was a preserve of the biggies, say Apple or Microsoft. I was wrong: even swat flies like Piriform try it.

    Piriform can relax, lucky they are: the publicity boost they are giving to BleachBit will have no lasting effect. BleachBit desperately needs a new interface and it seems they are genetically incapacitated to do it.

  60. The finger by Anonymous Coward · · Score: 0

    Give them the finger.

  61. 1..2..3..what a hasty letter, Louise! by Anonymous Coward · · Score: 0

    After reading this, I thought of three points:

    Â1 winapp2.com is not owned nor the ini files were generated by Piriform as evident from disclaimer at the site.

    "This website and its files are not endorsed or supported in any way by Piriform."

    Â2 winapp2.com INDEPENDENTLY builds the .ini files and OFFICIALLY endorses BleachBit to use their script.

    "Winapp2.com is the official website of Winapp2.ini, an addon for CCleaner, System Ninja, and BleachBit.."

    Â3 Only Piriform clients are bound to Piriform terms, not Bleachbit if it does not directly use Piriform products or services. In this case, it does not seem so.

    Thus, the letter is a tactics of raging fear to the competion, or say monopolistic business practice.

  62. in my humble opinion... by Anonymous Coward · · Score: 0

    ...you have two choices: comply or get a lawyer. Me, I would consult a lawyer to see what it would cost to fight these Nazi's and you can afford, go for it. But we must choose our battles.

    Of course, I am not a lawyer and my advice is worth every cent you paid for it.

    1. Re:in my humble opinion... by WorBlux · · Score: 1

      And got your law degree where? And you license number authorizing you to dispense legal advice? There is almost always more than two options. In this case the e-mail could be ignored, or a request for clarification could be sent. Such as. Dear Louise Kinane, I do not have enough information currently to deny or confirm your accusations, please answer the following questions so that I may be able to better respond to your correspondence. 1. What Terms of service are you refferring to? 2. What, if anything did I knowingly do, say or sign, which would have obligated me under said Terms of Service? 3. Which specific term or terms do you alleged were violated? (Section and paragraph) 4. Which specific features do you alleged are in violations? (In your own words)

  63. Avoid an ugly situation? by Anonymous Coward · · Score: 0

    This is an intellectual property dispute and therefore already ugly.

  64. Prepaid Legal? by fsck1nhippies · · Score: 1

    Just tell them that you have prepaid legal...

  65. Tell them to pound sand by Anonymous Coward · · Score: 0

    They don't own the information they are complaining about. They are not the originator of the data you are importing. They have no right to complain.

    Carry on as if nothing has happened.

  66. My two cents as a bleechbit user. by Nexion · · Score: 2

    Andrew,

    First off, thank you for your efforts on this project. While I buy a healthy amount of commercial software (OS, video editor and games for the most part) I prefer to only run software from a trusted source. Yes this includes Microsoft and Steam, and while we all have colorful things we might say about them the fact is I pay them, they are huge and issues I do face with them are known to me. Everything else I simply prefer source access. Your project includes source so it is much easier to trust your software then an alternative that, judging by the look of the website, is likely to want to opt me in to Chrome or something else I would have installed already if interested. What really makes them seem a bit dodgy is that you know it is commercial yet the site offers no blockers to downloading. These guys wanna get their meat hooks into my workstation!

    Well enough of the "your app is awesome and they blow" speech. One issue I see is that you automatically download it, from their forum, given their complaint. I suggest that you instead utilize the following link below as the winapp2.com domain does not appear to be theirs. I would first contact either Robert Ward or Shane Gowland to be polite. Perhaps even sharing a percentage of your donations with them to help pay hosting costs, Being community oriented they might just tell you to keep it and use their INI all the same. Abuse of community projects by for profit companies never sits well with those of a community mindset, but I think this was not Piriform's true intent. Typically a corporate bully sends the thugs (lawyers) in the opening round with a cease and desist letter, but their request could have been a bit more clear about their intentions.

    You should contact them and make the required arrangements. Alter your code to use their site or if you are refused by them rewrite for manual download and import. Once you have released, if you had been using the piriform.com forum, write them a thank you for informing you of their desire to not use their server resources and let them know that your current release has halted such behavior from your application.

    http://www.winapp2.com/Winapp2.ini

     

    1. Re:My two cents as a bleechbit user. by Shane+Gowland · · Score: 1

      I believe Andrew hosts his own copy of the file already. Robert and I wouldn't mind either way.

  67. They're UK based? by Rogerborg · · Score: 1

    Then refer them to Arkell v. Pressdram.

    --
    If you were blocking sigs, you wouldn't have to read this.
  68. The really big question by OzPeter · · Score: 1

    Do I actually need a registry cleaner?

    --
    I am Slashdot. Are you Slashdot as well?
  69. Bleachbit can't be responsible for ghacks.net by bubblegoose · · Score: 1

    So it looks like the problem that Piriform has stems from a Ghacks.net article that details how to export information from CCLeaner and import it to Bleachbit. It violates ccleaner's TOS. That's great and all, but Bleachbit never agreed to the ccleaner TOS. Maybe Piriform can go after ghacks, but I don't see how exporting your CCleaner into the winapp2.ini format (which Piriform does not control) and importing that winapp2.ini to Bleachbit is Bleachbit's problem. That would be like someone writing an article about how to export an Excel spreadsheet to CSV and then using it in LibreOffice Calc. Then Microsoft going after LibreOffice.

    --
    I hope that someday we will be able to put away our fears and prejudices and just laugh at people. - Jack Handey
    1. Re:Bleachbit can't be responsible for ghacks.net by tibit · · Score: 1

      I like piriform's products, but their corporate behavior is slightly past the point of annoyance now. First the dumbasses asked Ninite to delist their products. Well, that's how I heard of you in the first place! Then they start going after people who make open source products? Well, guess what fuckers, I'm stopping the use of your products and I'll instead contribute the features I need (if any) to bleachbit. So there. I'll need to look for a different disk defragmenter.

      --
      A successful API design takes a mixture of software design and pedagogy.
  70. looks like advertising to me by Anonymous Coward · · Score: 0

    Looks like advertising to me, just ignore this jerkwad.

  71. At least consult a lawyer by suprcvic · · Score: 1

    A good lawyer will give you an initial consultation for free. I sought out a lawyer for a contract dispute with my business and he gave me the advice I needed for free though I offered to pay. He said it was a simple issue and he hoped I would return to him in the future for something more complex.

    1. Re:At least consult a lawyer by faedle · · Score: 1

      Free legal advice is worth exactly what you pay for it.

      For a simple contract dispute? Great. Any second-year law student could probably even litigate such a case successfully. Patents, copyrights, and trademarks law is not so simple or straightforward, and few general practice attorneys have any experience in it.

      It's a bit like going to a podiatrist for a neurological disorder. You might not get "wrong" advice, but you might not get the best advice either.

    2. Re:At least consult a lawyer by WorBlux · · Score: 1

      However no copyright claims have been asserted. (yet)

  72. Precautions. by e70838 · · Score: 1

    When I read the site http://www.winapp2.com/, it seems that you have nothing to be afraid of (Winapp2.ini is described as an addon for CCleaner, System Ninja, and BleachBit that is not endorsed or supported in any way by Piriform). IANAL, but my 2p advice is to keep preciously a copy of the actual content of this site.

  73. Standard response by Alioth · · Score: 1

    Simply refer them to the reply given in Arkell vs Pressdram.

  74. Ignore them. by John+Hasler · · Score: 1

    Their "terms of use" may (or may not) form a contract between them and their users but you are not a party to that contract and so are not bound by its terms. If they believe that their users are breaching their contract by loading files created using their program into yours they need to sue their users.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  75. Interesting company name... by rnturn · · Score: 1

    Piriform.

    The first thing that came to mind when I saw that company name was the problems I had a few years ago with a chronically tight piriformis muscle that, for long time, resisted nearly all my attempts to stretch it to gain relief. The problem with that muscle, when it decides to cramp up on ya, is that it, literally, is a major a pain in the ass.

    Personally, I'd contact a lawyer with a background in "IP" law to write them a flowery letter that, in essence, tells them to stuff it. I rather doubt that their configuration files could be considered protected by "IP" law but you never know so it'd be best to let a lawyer look into it.

    (Yeah... those quotation marks reveal a little something about my attitude toward the concept of so-called "intellectual property".)

    --
    CUR ALLOC 20195.....5804M
  76. clarification needed by pikine · · Score: 2

    It is complicated. He might have begun as a user of CCleaner, then decided to write his own software because he recognized deficiencies in CCleaner. It's not in the lawyer's interest to know about his history of using CCleaner.

    IANAL, but I might start by arguing that writing the winapp2.ini importer does not technically require breaking CCleaner's TOS, so Louise's claim that "having written an importer implies that TOS is broken" does not hold. This is preferable because the argument does not depend on how BleachBit is actually implemented, nor how the guy has interacted with CCleaner in the past. Failing that, I'd ask Louise to clarify (1) what are the legal justifications that the TOS should apply to BleachBit, and (2) exactly which terms of TOS that BleachBit allegedly violates (otherwise I'm not obligated to read their full TOS). And then counter-argue these two points.

    --
    I once had a signature.
    1. Re:clarification needed by Samizdata · · Score: 1

      Not entirely, as BlachBit is cross platform (I use it under Linux) and CCleaner is a Windows only app.

      --
      It's not the years, honey, it's the mileage. - Colonel Henry Walton Jones, Jr., Ph.D.
  77. Talk to the winapp2 people by brianerst · · Score: 1

    Considering that the winapp2 site specifically mentions BleachBit compatibility, they obviously approve of your use.

    If there is some sort of legal issue with using the winapp.ini format (who knows?), chat with the winapp2 people and come up with a BleachBit.ini format. They obviously also like CCleaner (and have a large user base that likes CCleaner) so you can't expect them to toss CCleaner compatibility, so offer to create a BleachBit.ini to winapp2.ini perl/Ruby script (if it takes more than 15 minutes, you're doing it wrong). That way, the BleachBit.ini file can be the master file and winapp2.ini is just a derived work to offer CCleaner compatibility.

    Problem solved.

  78. Justification? by Anonymous Coward · · Score: 0

    Do they state their justification for this?

    ISTR lawyers like to do that because (1) they spend more time crafting the letter, therefore $$$, and (2) it removes any ambiguity and keeps the recipient from being able to claim they didn't know why they were being asked/told/whatever to do something.

  79. As it's a UK company just send them the following: by s0litaire · · Score: 1

    Dear sir /madam

    I refer you to the reply given in Arkell and Pressdram

    sincerely
    >

    Here's the history about the reply:
    http://jackofkent.blogspot.co.uk/2010/05/reply-given-in-arkell-v-pressdram.html

    --
    Laters Sol "Have you found the secrets of the universe? Asked Zebade "I'm sure I left them here somewhere"
  80. I'd just ignore it by Anonymous Coward · · Score: 0

    From the winapp2.com site:

    Winapp2.com is the official website of Winapp2.ini, an addon for CCleaner, System Ninja, and
    BleachBit ...

    Sounds like it's, you know, designed to work with both programs from the get-go, and CCleaner just wants to have less competition >.

  81. If you are forced to get a lawyer by Anonymous Coward · · Score: 0

    At least counter sue you are spending the money any way harassment wire fraud what ever the lawyer can come up with.
    Make it cost them too.

  82. Based on false assumptions by nerd65536 · · Score: 1
    The article linked in the email originally claimed that BleachBit could import the data included in CCleaner. The authors of the article have since corrected their mistake: BleachBit only imports winapp2.ini data.

    Please inform Louise Kinane that the article she based her request on has been changed; the authors of the article were mistaken, and her complaint doesn't actually apply.

  83. Piriform's Antics... by Anonymous Coward · · Score: 0

    This isn't the first time Piriform's played games like this. They also sent a letter to the guys at ninite (ninite.com), requesting they not auto-install their software. Perhaps a reasonable request, but it seems to me that this company is kind of an asshole...

  84. Call a lawyer and ask if you need a lawyer by karlandtanya · · Score: 1

    When I tried to sell my RV, I ran across a scammer who tried to extort money from me by claiming "we had a verbal contract and you broke it".
    We didn't. I called lawyer I found in the yellow pages, explained the situation; he told me "You're fine; the guy is an idiot and you don't need my services."
    No charge.

    Most won't charge you for the initial consult.
    Lawyers are professionals with a code of ethics. Most of them are decent human beings.

    OK, if you're curious, I put it up for sale, some guy called and said he was interested, but never agreed on a price.
    Meanwhile I sold it to someone else.
    Called the first guy to tell him "You never agreed to my price or made me a counteroffer. Somebody else made me an offer, so I sold it to them."
    Seemed more polite than just not calling him back.
    At that point he told me "Oh, I've made all kinds of plans and bought all kinds of furniture that will only fit in that kind of RV. We had a verbal contract and you broke it and I'm out lots of money. At least a grand. But I'll take $250 and a sincere apology; otherwise I'm going to sue you."
    After talking to the lawyer, I told him "Fine take me to court. I called a lawyer and he says your complaint has no merit. If you found a lawyer to file this suit for you, give me his contact info & I'll pass it along."
    And that was about the end of it.

    --
    "Reality is that which, when you stop believing in it, doesn't go away." - Philip K. Dick
  85. In my expert advice, you have a case! by Anonymous Coward · · Score: 0

    You definitely have a case. 5 years of child support is a pretty serious financial burden. I'm sure there is not a huge emotional burden of having to put up with a crying baby and potential ancillary costs of missed work opportunities. How much higher up the corporate ladder you could have climbed if you didn't have to take care of a child for the last 5 years?

  86. Oops by james.mcarthur · · Score: 1

    I use CCleaner regularly and install it on friends PCs. Now I know about BleachBit which is opensource and works on Windows and Linux. Piriform have lost one customer here.

  87. Everybody NEEDS a lawyer. But can they afford one? by Anonymous Coward · · Score: 0

    And, this is your professional opinion, Counselor? Oh, you're not a lawyer or even familiar with the actual jurisdiction we're talking about, let alone the law involved.

    Funny thing, IAAL & I got modded down for pointing out what you just have.

    While I agree that at first sight, BleachBit being a third party, would seem beyond reach, I'm left with a slight nagging doubt here (lawerly paranoia). Specifically, in some jurisdictions at least authorisation -the granting of permission by one non-rightholder to another in some way to infringe the rightholder's IP -is actionable (i.e. against the permission granter). Working on the presumption that CCleaners users in violating the ToS negate their license (and are thus infringing upon CCleaners IP), there is a slender thread here to bring BBit's actions in enabling that infringement into play. And one would be very interested in the specific wording of provisions dealing with technological circumvention measures.

    Now I stress, this seems an extremely long bow to draw. Nevertheless, as I wrote above, "I'd like much more information about the facts of the case and the particular legislative framework in place in the relevant jurisdiction(s)," before I would feel entirely comfortable in giving the owl klear.

  88. Oopps ! by ToddInSF · · Score: 1

    Periform, by doing this, just made BleachBit like 1000x's more popular.

    And pretty much guaranteed a LOT of people will NOT actually BUY their other products...

  89. Nowadays by tepples · · Score: 1

    Next time, get clarification - the specific temperature of 'hot grits' should not be enough to cause third degree burns.

    Nowadays the metrosexuals call it Polenta.

    Nowadays? The insult "polendina" for one whose hair is the color of hot grits has been around at least since Collodi wrote The Adventures of Pinocchio.

  90. What should one know before talking to a lawyer? by tepples · · Score: 1

    Is it really "asking for legal advice" to ask the peanut gallery 1. how to find a reliable lawyer in this specialty and 2. what one should know to make the most of his initial consultation with such a lawyer, in light of advice that one may have received under a similar set of facts?