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Old 03-13-2006, 04:48 PM   #1
Steve_S
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Arrow DirectRevenue / Better Internet Spyware Firms SLAMED by the courts!

Your days are numbered!

My fellow geek Jeff Molander just broke the story.

Exstract:

"DirectRevenue is agreeing to ground-breaking settlement terms in bringing the class action brought against it (March 2005) to closure. The embattled spyware/adware company is agreeing to, among other things, the below terms in a settlement with class representative/plaintiff Stephen Sotelo in Cook County, Illinois Circuit Court:

1) Destruction of personally identifiable information “to the extent that DirectRevenue possesses any such data, said data will be destroyed.”

2) Giving equal prominence to 2 choices when displaying the End User License Agreement to consumers considering installing the software:

“I have read and accept the agreement” or “I do not accept the terms of the agreement” (EULA)

The “accept” option will NOT be the default option.

3) In addition to providing computer operators with its EULA, it will “disclose, separate and apart from the EULA" that users will receive ads while online along with a description of the ads; its collection of information about Web sites visited by users; its intent to provide adult ad content ads if users visit adult sites; any bundling—the fact that its software will also be included with any ad supported software being downloaded.

4) Not installing its software using Microsoft ActiveX or any other security exploits or in any way that does not require users’ consent.

5) Un-installation information to be displayed in the EULA and supported with an array of consumer resources such as a link at DirectRevenue.com as well as telephone and e-mail assistance offered to consumers (including special help for the visually impaired) wishing to rid their machine of the software. All messaging will be detailed in how consumers can remove DirectRevenue’s software.

"
Plus a ton of other stipulations which hopefully will ensure their demise!

Read the entire story at:

http://www.thoughtshapers.com/index....tles-class-act

Thoughts: A lot of these Spyware players were buying time hoping that either AG Spitzer and or US Federal Legislation would not happen very fast which means they have more time to infect and damage either directly or through their "Affiliates", all of whom belong in Federal Prison for at least 20 years BUT thats probably not going to happen since this case is not a criminal matter.

EDIT: Remember this action is on a State level and that means Illinois. With 51 states left to sue them, I can hardly wait. Imagine having to defend yourself in EVERY STATE in the USA. Am I dreaming? I think NOT. Direct Revenue has another suit against it in the fine state of California. See:

http://blogs.zdnet.com/Spyware/index.php?p=730

Guss what!

You loose !!!

Last edited by Steve_S; 03-13-2006 at 05:19 PM.
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Old 04-04-2006, 11:47 AM   #2
Larwee

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Default Eliot Spitzer sues major `spyware' Internet company over pop-up ads

New York Attorney General Eliot Spitzer today sought a court order to against Direct Revenue to stop them from allegedly installing millions of pop-up ad programs that he said also monitors the Internet activity of users.

Spitzer said the applications are unfair to consumers and deceptive, bad for businesses who need efficient networks and bad for retailers who need consumer trust.

According to Eliot Spitzer Direct Revenue or its distributors offered browsers, software or free games but didn't mention that the downloads contained spyware.

Spitzer said his investigators documented 21 with Aurora, OfferOptimizer and VX2 downloads. The company can track Web activity and deliver pop-ups after the downloading.

This article contains the full details http://www.newsday.com/news/local/wi...gion-apnewyork
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Old 04-04-2006, 06:45 PM   #3
Steve_S
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Arrow

Quote:
Originally Posted by Steve_S
Your days are numbered!

Thoughts: A lot of these Spyware players were buying time hoping that either AG Spitzer and or US Federal Legislation would not happen very fast which means they have more time to infect and damage either directly or through their "Affiliates", all of whom belong in Federal Prison for at least 20 years BUT thats probably not going to happen since this case is not a criminal matter.

EDIT: Remember this action is on a State level and that means Illinois. With 51 states left to sue them, I can hardly wait. Imagine having to defend yourself in EVERY STATE in the USA. Am I dreaming? I think NOT. Direct Revenue has another suit against it in the fine state of California. See:

http://blogs.zdnet.com/Spyware/index.php?p=730

Guss what!

You loose !!!
Nice find DUDE!

Like I said in my previous post...

An interesting sliver from your posted aticle link:

"Spitzer's lawsuit filed in Manhattan also names Direct Revenue's former CEO, Josh Abram. Spitzer said Abram told a distributor in an e-mail that "we have a very stealthy version of our adware product which we 're happy to give u . . . Don't worry. If we do a deal * a build together * these will not be caught."

Thoughts: Even FORMER infectors can land up in a legal mess over their previous Spyware distribution. AND, the smoking gun which means the email this geek sent.

I'm having a great day!
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Old 04-10-2006, 09:06 PM   #4
Larwee

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Default Court records show some dirty tactics

New York Attorney General Eliot Spitzer submitted documents to the court to support his lawsuit against Direct Revenue. They show that Direct Revenue produced software to delete competing adware programs, hired a private investigator to locate an anti-spyware researcher who didn't have nice things to say about Direct Revenue, and Direct Revenue did everything possible to make their software stealthy.

This link is to a rather interesting two-page article about how far Direct Revenue is alleged to have gone to make money.

http://www.techweb.com/wire/ebiz/184430242
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