OT Spyware

[Starlight]

I'm sorry this is off topic, but there are many of you "experts" here
that could be of help. I think this judge doesn't understand how
spyware works. Or maybe I'm mistaken in thinking this is what is
happening here.
The judge states that the consumer allows this rival company to put a
pop-up ad on the consumer's screen because the consumer downloads the
material. But isn't this somewhat related to Spy Ware, where the
consumer does not give permission....the spy ware is simply downloaded
without the consumer consent or knowledge?
http://story.news.yahoo.com/news?tmpl=story&u=/nm/20030908/wr_nm/tech_popups_dc_5

 

[Frank Saunders, MS-MVP]

I'm sorry this is off topic, but there are many of you "experts" here
that could be of help. I think this judge doesn't understand how
spyware works. Or maybe I'm mistaken in thinking this is what is
happening here.
The judge states that the consumer allows this rival company to put a
pop-up ad on the consumer's screen because the consumer downloads the
material. But isn't this somewhat related to Spy Ware, where the
consumer does not give permission....the spy ware is simply downloaded
without the consumer consent or knowledge?

http://story.news.yahoo.com/news?tmpl=story&u=/nm/20030908/wr_nm/tech_popups_dc_5

Most adware/spyware is downloaded along with something else the user thinks
they want and they do not completely read the agreement before just clicking
'Yes' or 'Next'. Therefore legally it is their own fault.

 

[siljaline]

I'm sorry this is off topic, but there are many of you "experts" here
that could be of help. I think this judge doesn't understand how
spyware works. Or maybe I'm mistaken in thinking this is what is
happening here.
The judge states that the consumer allows this rival company to put a
pop-up ad on the consumer's screen because the consumer downloads the
material. But isn't this somewhat related to Spy Ware, where the
consumer does not give permission....the spy ware is simply downloaded
without the consumer consent or knowledge?
http://story.news.yahoo.com/news?tmpl=story&u=/nm/20030908/wr_nm/tech_popups_dc_5

"Spyware Defined: Silent background use of an Internet "backchannel" connection MUST BE
PRECEDED by a complete and truthful disclosure of proposed backchannel usage, followed by
the receipt of explicit, informed, consent for such use. Any software communicating across
the Internet absent of these elements is guilty of information theft and is properly and
rightfully termed: Spyware"

HTH

--

siljaline

"Arguing with anonymous strangers on the Internet is a sucker's game
because they almost always turn out to be -- or to be indistinguishable from
-- self-righteous sixteen-year-olds possessing infinite amounts of free time."
- Neil Stephenson, _Cryptonomicon_