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Old 09-29-2004, 03:07 PM   #16
Steve_S
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I respectfully believe the following is relavent and I urge those of you who either plan to engage in these types of installs or already do, to study this new law which was signed by Governor "S" of the fine state of California:

See: California Enacts Anti-Spyware Law

at:

http://www.clickz.com/news/article.php/3414851

Fair use exstraction: "It also bans software that cannot be uninstalled or disabled, or that makes it seem as if the software has been uninstalled or disabled when it has not, or software that blocks or disables security software, including anti-spyware and anti-virus programs. The law sets forth a private right of action whereby a consumer could seek damages of $1,000 per incident and applicable attorney's fees."

Translation: See you and all the folks engaged in this kind of thing in California Small Claims Court Quick, dirty, cheap, and NO attorneys may represent either side. Then it's up to the judge


Last edited by Steve_S; 09-29-2004 at 07:21 PM.
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Old 09-29-2004, 07:05 PM   #17
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Yummy. Offenders had better hope that Californian judges don't spend much of their off-time surfing the web.

I'm amazed that so many of our members are discussing these technologies/bundles as though they are somehow legitimate and ethical methods of marketing.
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Old 09-29-2004, 07:27 PM   #18
fantasia
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yeh i never was a fan of these programs. I've tested it out and actually was infected with all kinds of malicious spyware and adware so i decided not to expose my members to that kind of ****.

i wouldnt want to compromise returning visitors by trying to make a few extra dollars through these active x installs. It should be damm right illegal! GO ARNIE, TERMINATE spyware!

who would want to ever return to a website that installed all kinds of junk onto your computer?
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Old 09-30-2004, 12:36 AM   #19
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just because one or 2 states makes it illegal does not make it illegal everywhere.
the company has to be based in california to be sued

this law must be worldwide to make it effective
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Old 09-30-2004, 02:50 AM   #20
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I sure hope it sets a precedence. Somebody needs to put a halt to this intrusion into our personal space. Why should we have to clean our systems from this stuff we didn't ask for, or prompted even to download? I am too scared to click on any links now, so all of you who think you can make money out of me are sadly mistaken. Any suspect links I need to open in moderating duties will now be opened in good old Netscape.

Cheers Arnie
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Old 09-30-2004, 02:52 AM   #21
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It looks like there is more and more similar pay per install programs which are paying more and more and for traffic from more and more countries.
There have to be some that is not spyware.
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Old 09-30-2004, 03:42 AM   #22
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FYI

The recently enacted California Law which I posted about has no proviso with respect to an "effenders" aka "Companys" location.

The law does require Calfornia residency for the violated party meaning the surfer.

Out of state Companys get sued all the time in California Small Claims court. Natch you have to know what to due with the money judgement if you win. How to collect the money in a nutshell.

It's unlikely that any legislation based in the USA and or other countries will ever regulate the world wide web.

What may also happen is similar to the California no spam bill which let consumers sue. In this case the federal legislation preempted the state legislation and thus Can Spam was born which provides no rights to the Consumer and rendered the California law effectively powerless/a non event. The main reason for this in my view, was the exstremely powerfull lobby effort by the email makrketing crowd. The same can not be said for the spyware crowd who in my view lack the "K" Street muscle and dollars to write themselves a free ticket. to infect and or trash our Computers

Several pieces of federal legislation are kicking around and my sence of the issue is that they will pass and then we shall see.

For example:

http://www.internetnews.com/bus-news...le.php/3405541

http://www.internetnews.com/bus-news...le.php/3411501

Can a single states legislation materally effect an industry? Certainly a provacative question Ask Elliot Spitzer, the AG of New York who cleaned up a great deal of the securities industry.

Only time will tell. I would suspect that the WhenU crowd may in fact sue California in a similar fashion as they did to the state of Utah. With billons of dollars at stake it will certainly be interesting to follow.


Last edited by Steve_S; 09-30-2004 at 03:55 AM.
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Old 09-30-2004, 04:00 AM   #23
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Quote:
Originally posted by webmoney
There have to be some that is not spyware.
I notice by your sig that you promote this form of advertising, I suggest you take each and every one you are affiliated with for a test drive and update us as to who the real intruders are Please remove all spyware prevention first
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Old 10-02-2004, 09:57 AM   #24
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I possitively know that MySearch (askjeeves) is not spyware. There are no ads, no contextual stuff, no popups... it is basically the same product as the Google toolbar, and many people find it useful.

Unfortunately, there are A LOT of other products which behave in a clearly illegal way, especially in CA.

The problem is, what happens when a publisher forces a nice, legit product into visitor's computer, but IMO promoting a legit product within a bundling deal with another product is perfectly legal and honest. ActiveX popups, and other means of tricking the user into installing something without giving a pre-option for it, have nothing to do with clean opt-in bundling of a product with another.
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