Spyware Maker Sues Anti-Spyware Maker 158
prostoalex writes "An 'online media company' Zango, which gained notoriety for redirecting adult affiliate traffic and the first ever MySpace worm, is now suing the anti-spyware vendor PC Tools, maker of an application called 'Spyware Doctor', for removing Zango applications off the consumers' PCs. 'According to a posting on a blog called Spamnotes.com, Zango is seeking at least $35 million in damages, alleging that Spyware Doctor removes Zango's software without warning users that it will be deleted. The lawsuit was filed Tuesday in King County Superior Court in Seattle, according to Spamnotes.com. Formerly known as 180solutions, Zango is trying to clean up its tarnished reputation. In November it paid $3 million to settle U.S. Federal Trade Commission charges that its software was being installed deceptively on PCs.'"
Pot Calling The Kettle Black... (Score:5, Funny)
Re:Pot Calling The Kettle Black... (Score:5, Funny)
Re:Pot Calling The Kettle Black... (Score:5, Informative)
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alleging that George W. Bush is interfering with Bin Laden's rights to advance the agenda of fundamentalist Islam
Alleging is right. Because GWB isn't actually interfering now.
GWB was, but only for a year or so after 9/11.
Re:Pot Calling The Kettle Black... (Score:5, Funny)
Hmmm, good point. Quick! Patent that business method before Osama thinks of it!
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Anyway, well done to the spyware author... I'm sure Spyware walks a gray line, but I would draw attention to the Windows EULA (or others). For example, I only learnt the other day that when I tell windows NOT to update certain things Microsoft is informed of th
Re:Pot Calling The Kettle Black... (Score:5, Funny)
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Re:Pot Calling The Kettle Black... (Score:5, Funny)
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In other words, get over it, this is
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The way some people here seem to be obsessed with bringing up Godwin's Law all the time ceases not to amaze me. Oftentimes, too, people that bring up the `law' show a misunderstanding of the nature of the law---which is, really, not much more than an observation---that puts them right beside those that `argue' against the theory of evolution by saying that it is `just' a theory. For example, it defies my imagination to see to what point is the poster mentioning Godwin's law in this context...
Oh well.
Kettle Calling The Hovercraft Black... (Score:2)
If 180 Solutions was suing Microsoft for making their jobs so damned easy, that would be a proper analogy.
The advance of fundamentalist Islam has been set into overdrive. And there are suddenly thousands of American within arms reach and thousands dead. You don't sue a gift horse. I would
M$ should buy zango for 6 billion (Score:5, Funny)
Re:M$ should buy zango for 6 billion (Score:5, Interesting)
It is like historical or current imperialists not fighting eachother but making small countries fight/hate eachother for their own good.
Lets hope Google or the small company making that software doesn't think a second about "settle".
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That makes perfect sense, if you think about it. Google is, after all, first and foremost in the advertising business. Zango is in this business, too, regardless of their legitimacy. Under current law, Google's bundling of software could be considered an anti-competitive act.
But of course there are a few things to consider: first, even though Zango might be considered an advertising business, their met
Quis corriget ipsos correctores? (Score:1, Informative)
Sigh. These grammatical debates get quite tiresome--especially when someone wants to change what is correct to something incorrect.
"Choose" is the present-tense form, in both the indicative and the subjunctive.
"Chose" is the past-tense form of the same verb.
This is not a case of using one verb where a similar verb is correct (as in the confusion between loose and lose). This is a matter of tense. The question "Why not choose it?" is a present-time construction.
Please choose to be careful.
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http://en.wikipedia.org/wiki/Grammar_nazi/ [wikipedia.org]
I've found that Wikipedia entries are fairly good in their usage of grammar.
I suppose that the errors get noticed fairly quickly and corrected without too much fanfare.
What next? (Score:1, Redundant)
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"tarnished reputation" ? (Score:1)
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rather... isn't tarnish Zango's very trade?
Joking aside... (Score:5, Funny)
Re:Joking aside... (Score:5, Funny)
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Start with John Edwards since the only thing he ever did "for" North Carolina with his malpractice suits is raise the cost of insurance to the point that there are now 10% fewer Doctors here than 15 years ago. This is the kind of slime that wants to be President?
Re:Joking aside... (Score:5, Informative)
Start with John Edwards since the only thing he ever did "for" North Carolina with his malpractice suits is raise the cost of insurance to the point that there are now 10% fewer Doctors here than 15 years ago. This is the kind of slime that wants to be President?
Okay, I'll bite.
We hear an awful lot about the so-called "tort crisis" and that the "courts are overrun with frivolous lawsuits." These claims are nothing more than insurance industry propaganda. It's all in the name of getting so-called tort reform passed. This, from an industry whose entire raison d'etre is not to pay.
Those of us in the business know that, in fact, the number of lawsuits, number of trials, and sizes of jury awards have actually been going down, not up. Using your medical malpractice example, the odds against a medical malpractice plaintiff winning at trial are three-to-one at best. The simple fact is, the medical profession has done a horrible job of policing itself and is mainly interested in protecting the "doctor lifestyle." No, friend, the reason there are so many fewer doctors is principally because managed care (an oxymoron if there ever was one) is driving them out of business.
Re:Joking aside... (Score:5, Interesting)
Truth is that more malpractice cases are settled out of court now than before, because the insurance companies don't want to pay whatever a jury might think is just, and no hospital wants their reputation damaged publicly. There's more of a driver for this in areas w/o tort reform because the jury awards can be so much higher and, therefore, more publicized. Insurance companies, despite very rare cases with high damage awards (most of which seem to be dropped on appeal) use that to justify charging outrageous premiums to MDs. And, if they do settle out of court, that typically means the MD forever carries that blemish on their record and has to report that case everytime they apply for a license, job, etc. The insurance companies have done a good job of passing the buck on to everyone else but them.
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You say that but, here in SLO-town I had an experience that that shows the opposite. My wife and I needed an OB-GYN and there was only one doc in town that was taking new patients. The other docs just said no, we don't have the time. We had a similar experience when we went looking for a dermatologist, most of them had two month waits just to see a doc. Th
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There's only one flaw in your otherwise airtight case: Leckrone [world-airport-codes.com] is not in California.
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Wrong. The plaintiff has a lot to lose, and so do his attorneys. Increasingly, the defense costs are being viewed merely as costs of doing business, so defendants are much more likely to fight than settle.
In order to pursue a "med mal" claim, the plai
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My point was that managed care is squeezing doctors a lot harder than the so-called lawsuit crisis is.
Truth is that more malpractice cases are settled out of court now than before, because the insurance companies don't want to pay whatever a jury might think is just, and no hospital wants their reputation damaged publicly. There's more of a driver for thi
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http://findarticles.com/p/articles/mi_qn4200/is_2
but I still would like to find another source to confirm this.
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Never sell your home to a lawyer.
I sold my condo to a lawyer 3 years ago. In January, the condo association issued an assessment to do some repairs. Guess, what? He is suing me, saying that I "should have known" and "should have told him".
Everything that comes out of his mouth is a lie, but he is doing most of the suit himself, costing him nothing, but it costs me an arm and a leg to defend myself. I have to pay $5/minute to respond.
Lawsuits are just extortion.
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If you like the current managed care system, you will LOVE the Hillary Clinton socialized medicine plan, in which it will be ILLEGAL to pay for your own doctor. It will be illegal to go to another country to get health care. You will be STUCK with what the government offers. If you have to wait 9 months for an MRI
Re:Joking aside... (Score:4, Insightful)
Need more on why Edwards is unfit? When he was elected to the Senate in 98 he never served as a true Senator, he thought he got elected Presidential candidate and missed over half the votes of his 6 year term. He will lose any election in NC, Primary or General. We know about this "champion of the poor" that lives in a 6 million dollar home with enough space in the barn (due to a remodel that is almost finished) to house a secret service detail. Overconfidant? I hope so!
Trial lawyers are the only group that I trust less than politicians.
I've often said (Score:2)
If non-lawyers had to write the laws, things would be much different. And I mean that in a good way.
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It's pretty sad when the best law in the last thirty years that is understandable and se
Re:Joking aside... (Score:4, Insightful)
There are probably some good lawyers in the medical field, trying to get justice for patients that have been truly wronged. Edwards wasn't one of 'em. He was the guy channeling fetal testimony for the multi-million dollar lawsuit based on crank science.
Why doctors' insurance premiums are so high (Score:2)
Re:Joking aside... (obigilatory) (Score:1, Funny)
Sorry, shameless freedom plug (Score:2)
Think about it while you're getting those TCP modules hooked up.
Yes, get rid of all the lawyers (Score:3, Insightful)
I think that misses the point that this issue highlights - that all lawyers should be put in a shuttle and sent directly into the centre of the sun.
Because of course, the actual companies involved had nothing to do with filing the lawsuits. Everyone knows that without lawyers, there would be no conflict between individuals or between companies.
Also, lawyers have never done anything useful. If they hadn't gotten involved, we'd still be able to keep minorities from voting, and companies would be able to
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Also, lawyers have never done anything useful. If they hadn't gotten involved, we'd still be able to keep minorities from voting, and companies would be able to pollute with abandon. I long for the good old days, when all disputes were settled with spears and clubs.
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I'll give you an example of a typical consumer/corporation negotiation on something as simple as defective product or something like that:
{consumer} Hey, (company name), I got some defective (stuff) from you and I wanted to know where to return it for a full refund.
{Company rep} I have a policy against refunding money. I'm not liable, yada ya
Yeah, ok. (Score:5, Insightful)
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They should sue our wits for the other 700 million times we didn't download the software.
Re:Yeah, ok. (Score:4, Interesting)
You're right, the problem is, that neither lawyers, not the legal system operates on common sense. And this is tragically obvious on new matters, such as online activity (in "legal time" the Internet is quite young, lawmakers aren't unfortunately as sharp or as fast as their IT counterparts).
Re:Yeah, ok. (Score:5, Informative)
Spyware was bad and evil because it installed itself without consent. No notice! No agreement!
So, those things were made illegal--now you have to get consent to install things.
The problem here is that consent and notice are not terribly strong protections. Hey, read that EULA! This person acknowledged and agreed to install this software. And they were notified (probably confusingly) that it was along for the ride.
Most modern adware just barely follows the rules. Technically, they comply, but they're still mostly installed by people who don't understand what they're getting and don't want it.
But since they're "legal," they can claim "we're not malware! We comply with all regulations. We provide a service people apparently want and consented to. It's removing us that's the violation." And, by the letter of the law, they're right.
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Why do you think it's called "sneaky"?
(Well, I thought it was worth a shot anyway)
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Why not? We would be free of patent trolls, large company suers for at least a year.
I hope Zango wins. (Score:3, Funny)
It's like... (Score:2, Funny)
Re:It's like... (Score:5, Insightful)
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"I also see that you've gotten yourself a new guard dog, and it'll probably bite my testicles off if I don't leave your house immediately. Just know that if it does, I'll sue the breeder."
Wild west economics.. (Score:5, Insightful)
(Internet spanning the whole globe, while the laws aren't, decentralization, anonymity, vague and undetermined terminology and legal status of various online activities etc.)
You gotta know though, this is all going on because the Internet is so young. If the beaurocrats in the various countries get their act together, in 30-40 years such abnormalities as a spyware distirbutor suing antispyware distributor will be for all practical purposes, impossible. But it will also mean we may need to fill a bunch of forms and go through a series of expensive tests before publishing software and sites on the Internet.
The signs of this are already coming from Microsoft where you need to signs your exe files for "authenticity", and "comspulsory" game rating requirement of Vista, and the more expensive "trustworthy" certificates initiative that the major browser makers are engaged into.
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It'll not end anything, but raise the barrier. Always happens dude.
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The signs of this are already coming from Microsoft where you need to signs your exe files for "authenticity",
Requiring signed exe files? As in, Microsoft has to approve of every executable file in existance? There's not enough programmers in the world to check every line of code (including custom buisness applications that are used by only one company for a very specific purpose) and make sure it meets "Microsoft Standards." Seriously I think you're confusing this with signed drivers, which are being used to create a different problem than the one you're posting about.
and "comspulsory" game rating requirement of Vista,
ESRB ratings aren't required for games in V
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The signature verifies the source company of the exe file. Since SP2, if an exe isn't signed, you get a warning before you can run this file.
Do your own research.
why? (Score:2)
oh, wait - next week we'll see a patent for the reverse-class-action-suit.
A step in the wrong direction. (Score:1, Insightful)
my $.02 (Score:2)
Only on the Internet? (Score:1)
Re:Only in the US of A? (Score:2)
I think he actually meant "Only in the US of A".
It's just a filed lawsuit... (Score:1)
This lawsuit will be out on it's ass in no time - just look at what the experts say!
Zango now bills itself as an online media company whose products are critical to the Internet.
And I can cal
Screw 180 Even Unto The 10th Generation (Score:1)
Changing their name isn't going to help either. Zango? Ptui, I _speet_ on Zango!
(yeah, I know, "Now tell us how you _really_ feel.")
Ummmm (Score:5, Interesting)
I'm not even remotely suggesting that I agree with the lawsuit, and I fervently hope they get countersued out of business. But I am suggesting that it's possible they have a real claim under the screwed up IP laws in this country. I wonder if this isn't one of those lawsuits that may ultimately end up with a desperately needed revision of those laws. It's really too much to hope for, I suppose.
(Although, on a side note, a little bit of me notes that they don't make unix os type products. Thus they do, sort of left handedly, support OS's I'm fond of.)
I just couldn't resist this one (Score:2)
There aren't enough people using "unix os type products..."
and those who are usually don't have any money anyway.
(sorry, just kidding...)
Zango trying to build a reputation? (Score:5, Informative)
When your programs isntallation puts three unwanted applications on a PC even when it fails to install causing a owner to install a Anti-virus package because their concerned with what else it might have put on there then your company doesn't have a reputation worth anything and if Spybot, Microsoft and every AV/Anti-Spyware company wants to black list you power to them.
Oh this was yesterday afternoon and while I don't keep A/V software running I'm very pro firewalls
Shenanigans (Score:2, Funny)
ROFL (Score:5, Insightful)
What about Zango's spyware installing itself WITHOUT WARNING USERS that it will be installed?
Truth is stranger than fiction, that's for sure.
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And some of us are stranger than truth.
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Spyware (Score:1, Interesting)
Isn't spyware a subcategory of trojans? (Score:3, Interesting)
They sure have some guts.
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What is stopping Homeland Security [...] from raiding their offices and imprisoning everybody in site without trial for 'enemy combatant terrorist activities' or something.?
Who would then provide them with the passwords to access spyware's backdoors?
Or how about a charge of "Felony Stupid" (Score:2)
Obligatory ? (Score:1)
List = {Null}? (Score:2, Funny)
One thing I don't understand... (Score:4, Informative)
Zango has infested millions of PCs and caused tens of millions of dollars worth of damages...
Zango is an actual company that has offices here in the USA...
Zango's offices are presumably flammable...
Why is Zango still causing problems?
[/just kidding]
Now we have discovery (Score:3, Interesting)
Big mistake on Zango's part. Now comes discovery, a searching examination of Zango's business practices to answer the relevant question "Is Zango evil"?
Good Wording..... (Score:1)
Hmmmmm.....
"Clean up its tarnished reputation" or "sweep all the dirt under the rug and hope Lady Justice doesn't find it"?
What's next? (Score:2)
Besides, isn't it already inferred that the anti-spyware program will remove whatever spyware it finds? I mean, that's why people install anti-spyware programs to begin with, so that it will remove whatever spyware it finds. That's what it is designed to do.
you don't clean by buying a new rug (Score:2)
Well they may be trying to clean their reputation but shouldn't they do that by either exonerating themselves in court or by admitting their "sins" and repenting (not doing it again). Paying someone off so they don't get found out doesn't sound to me like cleaning up their reputation.
FUD
Has it really gotten that bad (Score:2)
I know that we've come to the point that many products don't do most of the things they promise to do, but is it really to the point that running a program for it's stated purpose isn't notice enough that it will perform that function?
Face it Zango, you produce malware and a user running software to kill malware is already quite aware that your crap will be removed (and they're happy to see it go).
Re:Zango a spyware company? (Score:5, Informative)
Spyware Doctor does give notice of what it does: it removes software that its developers judge to be spyware. If the user opines that the tool comes up with too many false positives, then they may uninstall it at any time and use any of several other tools out there.
If you believe that there has been a false positive here, then write to the developers to suggest they change it. But don't support frivolous lawsuits.
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Doctors don't refuse to operate on criminals, restaurants serve food to whiny jerks, the Gap sells pants to anyone who walks in the store with money. Unless the client is requesting to do something illegal, they're going to find a lawyer who will take it. It is no different from any other professio
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Realistically the only person who can complain is the owner of the computers in question, if the program removed software they wanted to keep. In this claim, the persons computer is