Legal Questions: Spyware/Adware

[nixtr]

dell/hp/gateway comps are cheap in many ways

most of us can build comps and i have built many for friends. it used to be that i could buy all my favorite brand of parts (antec,asus,seagate,lifetime ram,etc.) and almost break even with a packaged oem windoze OS that came with the HD or MB. But as is mentioned above, a cheap dell box is cheaper than the sum of my parts, but i tell people that and build them a comp anyway, if they can appreciate the piece of mind of not having a bunch of shitty glue in the system between a few namebrand parts, and don't need hand-holding customer support. I also mention that the MBs are proprietary and cannot be changed without disabling all the software. Some of them still long for the free crapware ..until they realize it sucks after buying a stock box against my recommendation. Then they call me for upgrade advice 9 months later when their shit is lamer than the stuff that is cheap at that time..lol. oh well.

[phobal]

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.

again, the end-user agreements state that spyware will be used on your computer. the law doesn't really seem to exist over cyberspace being that, much like the world, cyber space is truly anarchic.

[JoeSchmuck]

Somehow I knew the first response was going to be "build your own computers." I have many clients ordering computers simultaneously. I have attempted to make money at the hardware game and lost because the profit margin is very small. Building computers for all of my clients, most of whom use laptops, anyway, is not realistic nor profitable.

Thus I rant.

And, of course I know about the service agreements, but it doesn't make me any happier about it. Again I say, they've got us by the short hairs.

I will say thank Heaven for TIVO. Commercial free since 2003, and loving it.

[Chris]

I will say thank Heaven for TIVO. Commercial free since 2003, and loving it.

Now THERE'S a whole new set of issues:

http://www.suntimes.com/output/rosen...tr-phil05.html

[phobal]

And, of course I know about the service agreements, but it doesn't make me any happier about it. Again I say, they've got us by the short hairs.

I disagree. Any informed consumer would not install any software that has spyware. They would install soulseek instead of kAzZzZa, for example.

[nixtr]

informed yes

But laptop buyers are - as shmuck mentioned - vitimized by the inability to build one's own comp and have to deal with crapware already on the comp

[degreaser]

Quick: someone post a wanted poster

Ok, done. It’s just been made illegal. Oh and so is spam. I’m sure this 3000 page legislation will make a difference. Remember when pirating music and software became illegal? That really put a stop to it. I remember when viruses were legal then they passed laws and it all went away.

Question: If you live in a crime infested neighborhood do you leave your doors unlocked or lock them and maybe spend some money on a better lock or alarm system?

The internet is no different. Buy/build/obtain antivirus and anti-spyware software. Get over it. That’s life.

[phobal]

Ok, done. It’s just been made illegal. Oh and so is spam. I’m sure this 3000 page legislation will make a difference. Remember when pirating music and software became illegal? That really put a stop to it. I remember when viruses were legal then they passed laws and it all went away.

Question: If you live in a crime infested neighborhood do you leave your doors unlocked or lock them and maybe spend some money on a better lock or alarm system?

The internet is no different. Buy/build/obtain antivirus and anti-spyware software. Get over it. That’s life.

Bravo. I just hope you don't become a post whore.

[eterrorist]

adware is gay

it should be illegal if you can't get rid of something through uninstall or if you can't delete a file without unregistering and screwing around with registry and spending an hour trying to figure out how to do it.

[phobal]

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.

it's legal because people agree to install it.

[TheCotMan]

it's legal because people agree to install it.

Entirely true [but] "Signing away your rights does not make the paper legal"

The most extreme case: Have someone sign a paper granting you permission to kill them, then kill them and you will find the law is not on your side. Less extreme cases exist, but there is precedent in U.S. courts on this kind of issue.

The question to be determined by the courts is if it is legal to have such a requirement in an EULA. The worst of these which I expect (hope) to see questioned by the courts is the shrinkwrap license issue where the papers are inside a shrinkwrapped box, and you cannot read them, but after opening the shrinkwrap, the papers tell you , "by opening the shrinkwrapped box you agree too..." Scary stuff. (This has been in /. a number of time and you can google for it.)

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