Re: Court: Pop-ups burden of Net

[Data64]

"James E. Morrow" <jamesemorrow@email.com> wrote in
news:Xns93F1548C993jemorrowemailcom@205.188.138.16 1:

> At least one U.S. Federal Court has decided that spyware is legal.
>
> http://news.com.com/2100-1024-507266...t=dtx&tag=ntop
>
> While I am not surprised, I find the court's opinion unappealing.
>
>

Same story covered by different news sites
http://www.techdirt.com/articles/200...138247_F.shtml

I tend to agree with the judgement, otherwise using Proxo/Privoxy and hosts
file to block ads could also be construed to be infringing on UHaul's
website copyright.

Now if someone went after WhenU and Gator saying they tricked the end-user
into installing the software, that would be a totally different thing.

data64

[Randall Bart]

'Twas 9 Sep 2003 13:13:54 GMT when all alt.privacy.spyware stood in awe as
Data64 <me@privacy.net> uttered:

>I tend to agree with the judgement, otherwise using Proxo/Privoxy and hosts
>file to block ads could also be construed to be infringing on UHaul's
>website copyright.
>
>Now if someone went after WhenU and Gator saying they tricked the end-user
>into installing the software, that would be a totally different thing.

I agree. U-Haul's case was far fetched, but WhenU and Gator are scum, and
need to be sued by the users who didn't know they volunteered to use their
crap.
--
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[Jbob]

"Willondon" <willondon@dsisp.net> wrote in message
news:fl0tlvc7tlb4ulil998g4thdrrgdhifqtj@4ax.com...
> Data64 wrote:
> > [...]
> > Same story covered by different news sites
> > http://www.techdirt.com/articles/200...138247_F.shtml
> >
> > I tend to agree with the judgement, otherwise using Proxo/Privoxy and
hosts
> > file to block ads could also be construed to be infringing on UHaul's
> > website copyright.
>
> Distasteful as the judgement is, I have to agree with you.
>
> > Now if someone went after WhenU and Gator saying they tricked the
end-user
> > into installing the software, that would be a totally different thing.
>
> That's really the heart of the matter. But where's the line between the
> user being tricked, and the user just being clueless and indiscriminate in
> their software installation?
>
> Even though most of us have installed software without reading through the
> text that accompanies the "OK" or "I Agree" button, I'd like to see at
> least a case against spyware distributors who do nasty things that were
> not mentioned in the pre-installation text available.
>
> Probably the most objectionable thing about the judgement was the comment
> that pop-ups *and spam* are a burden of using the Internet. I don't see
> pop-ups or get my browser hijacked because I'm prudent. I *do* get plenty
> of spam, and careful as I am, it's mostly because I choose to use email.
>
> I don't think it was fair for the judge to make that comment, and think it
> possibly reveals some technological ignorance which we can only hope did
> not cloud his judgement in this case.
>
> --
> Willondon

There is one way to change this judges mind. HACKER!! Surely he has a
system at home. It would be funny to see his reaction if all of a sudden
his system was inundated with SPAM and Popups!!

[Tim Smith]

In article <Xns93F15DC81386CData64Bigfootcom@130.133.1.4>, Data64 wrote:
> I tend to agree with the judgement, otherwise using Proxo/Privoxy and
> hosts file to block ads could also be construed to be infringing on
> UHaul's website copyright.

Yup (mostly). The issue was whether WhenU's software infringed UHaul's
rights. The decision was correct.

> Now if someone went after WhenU and Gator saying they tricked the end-user
> into installing the software, that would be a totally different thing.

Yup again, assuming that "someone" is the end user. UHaul would probably
not have standing to go after WhenU and Gator for that.

--
Evidence Eliminator is worthless: www.evidence-eliminator-sucks.com
--Tim Smith