Spam software maker sues for loss of image

[Datajack Franit]

Source

An advertising-software maker that's long been in the crosshairs of anti-spyware groups is suing seven former distributors of its application in a continuing effort to clean up its image. 180solutions makes downloadable Internet software that delivers pop-up promotions to people as they perform Web searches; the application is often distributed by third parties. The Bellevue, Wash.-based company filed a lawsuit this week in Washington's King County Superior Court against seven distributors or individuals, charging that they had installed its software on PCs without notifying the owner, nor obtaining his or her consent, against the company's policy. "When we discover a partner in violation of our code, we shut them down and, when necessary, take legal action to avert future bad behavior," 180solutions President Daniel Todd said in a statement. The lawsuits are 180solutions' latest attempt to start fresh in the ad software, or adware business, which has a sullied history. In the past, some adware pushers have buried download disclosures in lengthy legalese; installed software surreptitiously through security loopholes; disguised their brands; or made it tough for consumers to uninstall the pop-up programs. Now companies including 180solutions are seeking to distance themselves from such practices. In addition to this week's complaint, 180solutions sued two former distributors of its software last year--a case that was settled in the company's favor. And 180 has severed relationships with another 500 of its 8,000 distributors since early this year. It also recently sent pop-up alerts to its PC users, notifying them that its software was installed. However, some consumer advocates believe the company still hasn't gone far enough in its notification efforts. To be thorough, critics believe, the company should also get people's consent to continue running the software. To secretly install the software, called Zango Search Assistant, the defendants allegedly used "botnets," or large computer networks that manipulate security holes in the Windows operating system to download viruses or malware, according to the filing. One person, the botnet operator, typically controls the distribution of harmful software or spam on a network of infected PCs. 180solutions seeks monetary damages in an amount to be determined at trial.

So those ******* producing 180solutions carrying that ****** annoying malware are asking money for their reputation being damaged by their distributors

[Spiffor]

As much as I hate the spammers, what is wrong with what they're doing here?

Their company policy seems to be to warn the end user that adware is being installed. If some distributors refuse to follow that company policy (thus making the end user install adware without his knowledge), the distributors are in the wrong.

These guys seem to attempt to turn adwares into a legitimate advertising method. I hope they succeed, so that all adware victims become willing ones.

[Solver]

Why would any company write adware software? Only to sell it to others who then install the adware as part of their product. No one is going to install adware just to have it! So the point of adware is obviously integration with other software. No surprise.

[Ming]

You can actually thank advertising agencies for this change in policy with many of the old sleazy ad deliverers. Most of us now have a policy of not paying for advertising that isn't permissioned based. Gator used to be the WORST offender, and now they are permissioned based. 180 really has no choice but to sue it's less then legit distributors... because otherwise, we will cut their advertising revenue off.

In the old days, many agencies used the non permissioned based ad delivery systems because as much as people hated them, they actually drew far higher response rates, and it was effective. Now, many companies don't want to be perceived as jerks for having their ads appear in a sleezy fashion on somebodies machines. Granted, the porn industry has no problem still using non permissioned based systems (hell, everybody hates them anyway) but most legit advertisers really don't want to piss off prospect costomers, or annoy current customers.

[Spiffor]

Originally posted by Solver
Why would any company write adware software? Only to sell it to others who then install the adware as part of their product. No one is going to install adware just to have it! So the point of adware is obviously integration with other software. No surprise.

Yes, but the end user should be aware that he's using an ad-supported product, and that the ads will take the form of an adware.

Let's take Ming's example with Gator. I hate Gator with a passion, but at least they have now become visible. Every time I install a free software I'm not sure about, I read the legalese fairly cautiously. But if it's bundled with gator, you don't have to wade through the legalese to know it, there's a big screen telling you that the software is supported by Gator, during the installation process.

Useless to say, as soon as I see that Gator supports a product, I immediately abort the installation. Thank you gator for telling me clearly which software I should avoid like the plague

[Solver]

Granted, the porn industry has no problem still using non permissioned based systems (hell, everybody hates them anyway)

From today's CNN article:

the $12 billion online porn industry

It's amazing how much the companies/industries that everyone hates earn .

[Solver]

Yes, but the end user should be aware that he's using an ad-supported product, and that the ads will take the form of an adware.

Let's take Ming's example with Gator. I hate Gator with a passion, but at least they have now become visible. Every time I install a free software I'm not sure about, I read the legalese fairly cautiously. But if it's bundled with gator, you don't have to wade through the legalese to know it, there's a big screen telling you that the software is supported by Gator, during the installation process.

I appreciate that. But there are, in my mind at least, worse things concerning that legalese. For instance, your typical EULA. No one I know reads them regularly when installing software. Therefore, it's very easy for developers to include something in the EULA that lets them collect some data from the computer, automatically and without notification install updates/components... it's that kind of stuff that I hate, and how it can be easily slipped in.

My most hated piece of software has to be Real Player, I hate that more than Gator. Real Player will offer me 10 times to install some extras, it will load on startup and make itself default even when asked not to, it's slow, and contains a ton of links to useless stuff. And it wants to update itself maniacally. So many EULAs are bad...

[Urban Ranger]

What do you expect, Solver, porn drives the Internet commerce. Evidently, sex sells, literally EULA is certainly evil, so it is fortunate that the UCITA didn't get anywhere. It may be one of the reasons why so many are moving away from commercial software.


Spiffor,

Some programs are supported by advertising, such as Eudora. Of course, I no longer use it because the spam filter costs extra, and Thunderbird works better anyway.