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Thread: See You Later, Anti-gators?

  1. #1
    See you later, anti-Gators?

    In an effort to improve its corporate reputation, adware company Gator has launched a legal offensive to divorce its name from the hated term "spyware"--and so far its strategy is paying off.

    In response to a libel lawsuit, an antispyware company has settled with Gator and pulled Web pages critical of the company, its practices and its software. And other spyware foes are getting the message.

    "There is this feeling out there that they won the lawsuit, and people are starting to get scared," said one employee of a spyware-removal company, who asked not to be named. "We haven't been sued, but we've heard that other companies are being sued for saying this and that, so we've changed our language" on the company Web site.

    Gator often distributes its application by bundling it with popular free software like Kazaa and other peer-to-peer programs. When downloaded, Gator's application serves pop-up and pop-under ads to people while they're surfing the Web or when they visit specific sites. Ads can be keyed to sites so that a pitch for low mortgage rates, say, can appear when a surfer visits a rival financial company's site.

    The distinction between such "adware," which can report back to its creator with information about the computer user's surfing habits, so as to allow for supposedly more effective ad serving, and "spyware," which similarly monitors surfing habits and serves up ads, is sometimes a hazy one, and lies at the heart of Gator's libel suit.

    Gator maintains that its software differs from spyware in that people are clearly notified before they download it, and in that they do so in exchange for a service, like the peer-to-peer software.

    Spyware, the company maintains, is surreptitiously installed and gives the unwitting computer user no benefit.

    But critics of adware companies question how clearly such downloads are marked--PC users may suddenly be deluged with pop-ups and have no idea where they're coming from--and protest that companies like Gator are collecting information without sufficiently accounting for what they do with it.

    The defendant in the Gator libel suit, PC Pitstop, offers software to cleanse computers of spyware and other undesirable code, and until signing a preliminary settlement with Gator on Sept. 30, vociferously targeted Gator's application.

    In settling the suit, which alleged false advertising, unfair business practices, trade libel, defamation and tortious interference, PC Pitstop apparently removed several pages from its Web site that referred to Gator's application as spyware--along with many that went beyond that to urge action against Gator itself.

    Source

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  2. File Sharing   -   #2
    That is sex, I tell the B)



  3. File Sharing   -   #3
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  4. File Sharing   -   #4
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    companies like gator and other spyware companies should be sued for the fucked up things they do to people's computers


    proud to be american

  5. File Sharing   -   #5
    Infested Cats's Avatar Mike Victory
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    Originally posted by Jay@26 October 2003 - 04:58
    companies like gator and other spyware companies should be sued for the fucked up things they do to people's computers
    Well, thats why Gator is suing. Too much rumor (like "fucking up PCs), not enough fact. People are installing things without reading a disclaimer. Im sorry, but common sense has ALWAYS told me that when a window pops up wanting to install something, the answer is almost always no, except for rare required items like Shockwave.

    My primary concern in this matter is that no one will be able to call these guys spyware, adware or scumware because the outcome could easily be that you were warned with a disclaimer. In other words, I think they are right technically and legally, but the outcome could be a real pain to literally millions of people. Same with cookies, some people will tell you all cookies are bad and thats simply not true. I love my cookies, they keep track of where I have been so I can see new content quickly and easily, amongst other things. BUT, that does not give someone the right to install a cookie that spys on me. Some so called spyware tracks where you go and reports back as part of what it does to rank websites, like Alexa, does that feature make it spyware? Not really, its what they exist for. Its a weird, grey line.

    Bottom line, watch this issue because it will change how you look at spyware in some way. Its possible that spyware removing programs may simply not be allowed to associate a name with spyware and thats that, but I suspect more. These guys are like email spammers, you can make all the rules and laws you want and they will come back as hard or harder then ever, no different then anyone else whos livelyhood is at stake, whether its pushing your crap spyware and popups or working construction.

  6. File Sharing   -   #6
    The Gator Corporation also preys on children who are not always aware of the underlying implications of "spyware".
    They are coerced by the "cute" logo and with the promise that their login names and passwords will be remebered for them.
    Children with parents who are not computer literate are an easy target.

  7. File Sharing   -   #7
    UKMan's Avatar Poster
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    I have to admit i get a bit frustrated at how a lot of people install shareware and adware proggs only to start bitching about how it messes up their PC - i allways read the statements and if i'm a bit suspicious then i dont bother. If i do however install something and it starts messing about with my system then whos to blame - why me of course!! No-one else.

    As far as kids are concerned, you cant blame the manufactorers for what they dl off the net. Kids are kids and that means problems. Who's fault or who to blame i have no intention of airing my views about here. Too dangerous a subject!

    But, if i want a programme so badly and cant get it elsewhere then i buy it - everyone seems to think that everything and all is for free - that aint the case and never will be. I am a stout supporter of "Freeware" and allways will be - this includes ripping music, films or whatever - but i will never start throwing tantrums just because i cant get what i want. Next thing you know we will all start walking into shops and ripping off food and clothes stating: "its my right!".

    Peace
    UKMan

  8. File Sharing   -   #8
    Originally posted by Jay@26 October 2003 - 08:58
    companies like gator and other spyware companies should be sued for the fucked up things they do to people's computers
    Yeah, Gets on my nervos, I went over my mates house, and all I see is spayware, and KMD lol. I installed K-Lite for him now though.



  9. File Sharing   -   #9
    UKMan's Avatar Poster
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    Originally posted by Wizzandabe+27 October 2003 - 15:55--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (Wizzandabe @ 27 October 2003 - 15:55)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-Jay@26 October 2003 - 08:58
    companies like gator and other spyware companies should be sued for the fucked up things they do to people&#39;s computers
    Yeah, Gets on my nervos, I went over my mates house, and all I see is spayware, and KMD lol. I installed K-Lite for him now though. [/b][/quote]
    That was very decent of ya

    Peace
    UKMan

  10. File Sharing   -   #10
    I agree with your sentiments about shareware UKMan, but, as Shareholder points out, in future, Gator and like corporations may not be counted as "spyware organisations" and thus will be able to freely invade everyone&#39;s computer without permission.

    Some interesting articles are to be found on the following site.

    http://cyber.law.harvard.edu/people/edelman/ads/gator

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