Legal Questions: Spyware/Adware

[Vitreal]

Exactly how is spyware/adware software legal. or maintained. it seems to be prevelant everywhere you go on the internet and not to mention that it does not alert you to the install process. how exactly does the software stay alive if its illegal. Isnt that illegal? in terms of the fact as i say illegal. Invasion of privacy, Tresspassing, and Illegal search and seizure? just exactly what kind of legal wrangling makes this software plauzible and plyable to todays internet.

[highwizard]

It's legal because people are stupid and most keep default setting on their browsers. If you are vigilant you can keep spy/adware off your computer... Actually, if you use a bit of common sense you can do that. People just choose not to use common sense.

[skroo]

Actually, if you use a bit of common sense you can do that. People just choose not to use common sense.

And read the licence agreements. If not explicitly mentioned during the install that spyware will be installed, there's usually a clause regarding 'bundled 3rd-party applications' or similar in there.

I never had a spyware problem until I installed a small utility that was designed to let me mount and manipulate ISO images as a part of the filesystem. What I also got (without realising it) was a pile of Gator crap that uses the system's JVM to do its dirty work. More fool me for not checking the licence, but I'm sure learning a lot about now many ad servers Gator has.

[Vitreal]

well. i was just wondering how they maintain legality. With the government trying to assault P2P and such. but they do nothing against more prominent threats such as this.

personally. SB S&D and Javacools Spywareblaster work best for me. both legitamate and work.

[hitman45]

well. i was just wondering how they maintain legality. With the government trying to assault P2P and such. but they do nothing against more prominent threats such as this.

It is leagal cause it is seen as no more harmless than taking a poll to see where you visit sites most and then after they take all the genres and sites most visited and post thier ad's there

[converge]

No..

anything on your box or network that is phoning home in one form or another is a threat to you. even something as simple as targeted advertising is an impedance on anonymity and privacy. with that said, it is legal because you authorize its installation and existence when you use software from companies that push it. period. that is why it is legal. read your EULAs and consider client end firewalling to prevent the effectiveness of spyware

[Vitreal]

No..

anything on your box or network that is phoning home in one form or another is a threat to you. even something as simple as targeted advertising is an impedance on anonymity and privacy. with that said, it is legal because you authorize its installation and existence when you use software from companies that push it. period. that is why it is legal. read your EULAs and consider client end firewalling to prevent the effectiveness of spyware

Dont really have problems with spyware. but it is aggrivating how they can basically sit around in the un-notified area and maintain almost anonymity themselves. its the whole. you have privacy except when such and such is said. i say they should legally provide a notice of such 3rd party software that will be installed and proper removal methods that dont require special software or a pain in the ass romp through the registry to find the stuff. the average consumer is the one that really takes the raping from this type of software just because they are not aware of it.

[Floydr47]

Dont really have problems with spyware. but it is aggrivating how they can basically sit around in the un-notified area and maintain almost anonymity themselves. its the whole. you have privacy except when such and such is said. i say they should legally provide a notice of such 3rd party software that will be installed and proper removal methods that dont require special software or a pain in the ass romp through the registry to find the stuff. the average consumer is the one that really takes the raping from this type of software just because they are not aware of it.

Spybot S&D, AdAware, Kerio, Sygate,....ad infinum. Need I say more? Spyware/adware is just a normal inconvenience of doing business on the 'net. Learn to live with it. Read the EULAs', install whatever you need to block them/uninstall them and move on with your life. No matter how many laws are written people will always find a way around them. Legality is not really an issue here. Spyware/adware/malware is just an annoyance. As far as the average consumer is concerned, if he/she doesn't read the EULA, it'a a case of "Let the buyer beware."

[Vitreal]

Get Spyware blaster too........it blocks sites automatically through the IE settings but that kind of sucks if you just use Mozilla/Firebird like I do on win32.......I wish it was open source so I can port the fucker to Mozilla. Spyware Blaster is a great piece of software.

I am aware of these programs and have no problem using them. But it isnt a question of prevention. but a question as in why this remains legal. i figure where there is a loophole there should be someone following with a putty knife and plaster. get what i mean. Yes the sharing of data on the internet is basically a digital democracy. but when the masses yell against this. why is it allowed to continue. i know not one singular government can control the way the internet evolves and as thus if one government did control it. im pretty shure we would look elsewhere for our information. the nitty gritty laws of man seem to fail where the honest man wants them to work and corporate dogs tear at the heals of every blue collar and white collar man alike. More or less these (3rd party apps) annoying bullcrap programs push so much useless rubble into your path you feel hindererd. Is this really the direction of the internet. To be abused by every cracker, spyware, adware, and corporate entity. Mine is not a question of prevention but a question to its very existence. Why hasnt anyone put forth some kind of way to prevent this software from even having to exist. Targetted advertising and such really makes the internet what it shouldnt be. A person should be able to move through it transfer data through it and anonymity should be primary but those things do not exist anymore.

Real question is. Has anyone tried to stop them? Are there any efforts to stop them? Is this a failure or success? Is it moot to ask for a reason why?

[Qu|rk]

Real question is. Has anyone tried to stop them? Are there any efforts to stop them? Is this a failure or success? Is it moot to ask for a reason why?

Tried to stop them? - The same people that don't read the ToS and just click on the "yes I agree to the Terms of Service" button on many of the software packages are the same ones that complain. We need to educate those same people as to what they're agreeing to and the problem would be solved. If you read the ToS, it'll state exactly what the situation is in regards to the software, and it's not open to negotiation if you want to install it.

Efforts to stop them? - Efforts to stop them would be completely ineffective if you wanted any revolutionary software out on the market. The data mining done produces ads for like products and thus could get trials of new software that's great out there for those who have never heard of it to play with, and possibly end up investing in. Marketing in that aspect is highly effective for them if you want something you don't want to pay for, and the only way to get it free is to endure spyware installation of some sort or another. You can boycott and scream at the company all you like, and they will just retort with "Are you paying for it?" and that'd be pretty much the end of that one. You can't sit on the fence and play both sides(for too long) before something happens on one side or the other. If you don't want the spyware, and their fully licensed version is spyware free..the solution is to purchase it - end of story.

Success or failure: It would depend on whether or not you're doing the marketing and developing of the product(s) - It's only detrimental if you let it be. You always have a choice, you may not like your choices.. but you always have one.

No, it's not moot to ask why, asking why may give insight as to their reasoning, but more than likely wouldn't get them to change their mind and stop doing it due to a couple complaints, or even a ten page speech and hundreds of hours of research. They have an agenda, that is advertise the product with marketing so they can pay their employees, further development and sell the product. If they choose popups and spyware to do so, that's on them.

Qu|rk-

[Floydr47]

Is this really the direction of the internet. To be abused by every cracker, spyware, adware, and corporate entity. Mine is not a question of prevention but a question to its very existence.
Real question is. Has anyone tried to stop them? Are there any efforts to stop them? Is this a failure or success? Is it moot to ask for a reason why?

Let me take a shot at this. I can remember back in the late '60s and early '70s, we (the American public) were told of this wonderful new way to transfer data. The coming 'net was painted in glowing pictures. Scientists, doctors, governments would be able to communicate ideas with each other, share data, put an end to war and disease, cure cancer, and create a better life for us all. As with every great and noble idea that man has ever had, it was soon corrupted by the asshole that wanted to sell porn or promote some new hard-on cream. Can they be stopped? First you would have to change human nature. Have their been efforts to stop them? Ever since the begining of time. Is it moot to ask for a reason why? No, just look around your own town, I'm sure that you will find greed and avarice there also. There is no eutopian society and no eutopian internet. If you put limitations on the assholes right to free speech you put limitations on your own right of free speech at the same time. Welcome to the real world. Sucks don't it?

[astcell]

Reminds me of the scene in "Who Framed Roger Rabbit" where the bad guy dreams of freeways and billboards as far as the eye can see. he says, "My God, it will be beauitiful."

I wonder when the first spam mail was. Maybe someone whose kid was selling cookies or something, and they sent it to all 38 people on the Internet at that point.

[Vitreal]

Tried to stop them? - The same people that don't read the ToS and just click on the "yes I agree to the Terms of Service" button on many of the software packages are the same ones that complain. We need to educate those same people as to what they're agreeing to and the problem would be solved. If you read the ToS, it'll state exactly what the situation is in regards to the software, and it's not open to negotiation if you want to install it.

Efforts to stop them? - Efforts to stop them would be completely ineffective if you wanted any revolutionary software out on the market. The data mining done produces ads for like products and thus could get trials of new software that's great out there for those who have never heard of it to play with, and possibly end up investing in. Marketing in that aspect is highly effective for them if you want something you don't want to pay for, and the only way to get it free is to endure spyware installation of some sort or another. You can boycott and scream at the company all you like, and they will just retort with "Are you paying for it?" and that'd be pretty much the end of that one. You can't sit on the fence and play both sides(for too long) before something happens on one side or the other. If you don't want the spyware, and their fully licensed version is spyware free..the solution is to purchase it - end of story.

Success or failure: It would depend on whether or not you're doing the marketing and developing of the product(s) - It's only detrimental if you let it be. You always have a choice, you may not like your choices.. but you always have one.

No, it's not moot to ask why, asking why may give insight as to their reasoning, but more than likely wouldn't get them to change their mind and stop doing it due to a couple complaints, or even a ten page speech and hundreds of hours of research. They have an agenda, that is advertise the product with marketing so they can pay their employees, further development and sell the product. If they choose popups and spyware to do so, that's on them.

Qu|rk-

There in total is my answer. rough cut and down to the point on ever main topic. Damn the whole thing i say. but sitting back and damning it isnt going to work. No force large enough to quell the senslessness. Why is it that humanity best nurtures that which we hate. And great ideals and knowledge goes the way of dust in the wind. Lifes pretty acceptant to hate, malice, destruction, and annoyance. but seldom favors happiness, joy, pleasure, and purity. It is sad when you can see that the natural system is not favorable but can dream of a perfect system. why can we think of the best but achieve nothing near it.

[nixtr]

freebies are their hook

Anytime you get something for free it comes with a hook....be that a 3 MB download of a naked girl or a utility that sounds enticing...I say if the people want free stuff then their greed is their enemy and i dont pity them. MP3's hav3e started a get something free that should have been paid for mentality that is out of control. Maybe this spyware crap bogging down thier comp speeds will teach the grubbing freeloaders to stop taking the free shit and only download from trusted ethical sites. I am laughing at that last sentence though because every Windows update reinstalls messenger as a server and i have to re-remove it. Not that I trust Redmonds goonsquad but it is my OS.

[JoeSchmuck]

I find that most of the people for whom I am removing crapware from their computers have been infiltrated as a result of downloading something with the intention of getting "something for nothing," as was previously mentioned. This seems especially prevalent in downloaders of music and popular Windows programs...go figure.

While the proliferation of downloadable crapware is certainly enought to flame anyone, I have not yet heard mention of the crapware that comes pre-installed on computers that one purchases from Dell, HP, and the like. Seems everytime I turn on a new commercially purchased computer now-a-days, I am bombarded with commercials, starting with the Windows setup asking me to sign up with their recommended ISP. Then, there are 50 shitty little memory consuming apps that I have to remove before I can configure the thing for the end user. My beef with this is that I paid for the computer, not the commercials. They, in fact, will charge more to order a computer to come without crapware.

So much for a consumers market. The ad agencies have us by the balls. And we are obeying.