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  1. #1
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    More telling is the classaction lawsuits now in place demanding jury trials since Sept 23rd 2005. .... http://blogs.zdnet.com/Spyware/index.php?cat=8

    _________________________

    "A class action complaint against adware company 180solutions was filed today in an Illinois United States District Court by attorneys Shawn M. Collins and David J. Fish of The Collins Law Firm. The complaint on behalf of residents of the United States and the state of Illinois charges that 180solutions downloaded spyware on computers illegally causing a number of damages. 180solutions' alleged illegal practices include deceptively distributing spyware files and preventing users from removing them, engaging in deceptive misconduct to download its spyware without users' knowledge or consent, lying to consumers about its spyware, etc.

    Counts include computer fraud and abuse, violating Electronic Communications Privacy Act/Wiretap Act (United States), Trespass to Personal Property/Chattels, Consumer Fraud Act, Negligence, Computer Tampering and Invasion of Privacy, (Illinois). Numerous examples are given for each. On page 11, it states "Finally, the public health and safety is also threatened by 180solutions' spyware because it was distributed at an Internet site (and thus financially supported an Internet site) showing child pornography." At the bottom of page 14, it states "180solutions intended to profit, and did actually profit from its wrongful conduct by being able to obtain more adverting money by virtue of being downloaded onto more computers" and 180solutions knew that its conduct was deceptive and misleading […]" and so on. A jury trial is demanded.

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    According to Direct Revenue's new CEO, Jean Philippe Maheu, the company is ending the use of third party affiliates to distribute their software. From the press release:

    NEW YORK–(BUSINESS WIRE)–Sept. 27, 2005–Direct Revenue, a leading provider of desktop advertising and behavioral marketing services, announces that it has ended the use of third-party affiliate networks to distribute its software. Direct Revenue now distributes its adware client exclusively through its own promotion of free advertising-supported software and a set of distribution partners with which it has direct relationships.

    I hope this means the end of installations of Direct Revenue's software through security exploits where it's usually accompanied by adware/spyware from other vendors. The company has been fighting a class action lawsuit filed in April and is apparently trying to improve their image now. The Aurora software and it's component file nail.exe have been the top search engine terms at my website since May. Direct Revenue's software has also been found in spyware infestations through Bit Torrent and instant messaging.

    _____________________________

    October 5, 2005

    FTC files case against alleged spyware pusher Posted by Suzi Turner @ 1:34 pm

    I've blogged this at Spyware Warrior and included links to my previous posts there and other sites with information about Walt Rines and Odysseus Marketing, the target of the FTC's complaint today. Walt Rines has a long history of questionable business and marketing practices and it seems his past has caught up with him now.

    The FTC announced their complaint against Odysseus Marketing and its principle Walt Rines. FTC Seeks to Halt Illegal Spyware Operation

    Lure of Anonymous File Sharing Software Exposed Consumers’ Computers to Spyware

    The Federal Trade Commission has asked a U.S. District Court judge to halt an operation that secretly installed spyware and adware that could not be uninstalled by the consumers whose computers it infected. The defendants used the lure of free software they claimed would make peer-to-peer file sharing anonymous. The agency alleges the stealthy downloads violate federal law and asked the court to order a permanent halt to them.

    According to the complaint filed by the FTC, Odysseus Marketing and its principal, Walter Rines, advertised software they claimed would allow consumers to engage in peer-to-peer file sharing anonymously. With claims like “DOWNLOAD MUSIC WITHOUT FEAR,” and “DON’T LET THE RECORD COMPANIES WIN,” the defendants encouraged consumers to download their free software. The agency charges that the claims are bogus. First, the software does not make file-sharing anonymous. Second, the cost to consumers is considerable because the “free” software is bundled with spyware called Clientman that secretly downloads dozens of other software programs, degrading consumers’ computer performance and memory. Among other things, this accumulated software replaces or reformats search engine results. For example, consumers who downloaded the spyware may try to conduct a Google or Yahoo! search. Their screens will reveal a page that appears to be the Google or Yahoo! search engine result, but the page is a copy-cat site, and the order of the search results is rigged to place the defendants’ clients first. The bundled software programs also generate pop-up ads and capture and transmit information from the consumers’ computers to servers controlled by the defendants.

    ____________________________

    October 4, 2005

    Lawsuit filed against adware company eXact Advertising Posted by Suzi Turner @ 7:03 pm

    I just got word of a lawsuit filed against adware company eXact Advertising on September 27 by law firm Shalov Stone & Bonner LLP in US District Court Southern District of New York. The suit was filed on behalf of plaintiff Yehuda Michaekli as a class action complaint with jury trial demanded. The complaint alleges that eXact Advertising

    "has unlawfully used and damaged Plaintiff's rights to use and enjoy his personal property. Without Plaintiff's authorization, eXact Advertising infected Plaintiff's computer with harmful and offensive spyware programs by deceptively bundling its malicious software with "free" games, cursors, screensavers and other small software programs. These harmful programs would then secretly track Plaintiff's Internet use, thereby invading his privacy and damaging his computer. […] In addition to invading Plaintiff's privacy, eXact Advertising's unwanted spyware and adware programs illicitly caused Plaintiff's computer to slow down, consume excessive bandwidth […], monopolize computer resources including memory, pixels and monitor space, and disable or destroy user installed computer software ultimately causing many computers to crash."

    The counts include Trespass to Chattels, Deceptive Acts and Practices, False Advertising, Negligence and Unjust Enrichment, Click to view full PDF document.

    EXact Advertising's products include Bargain Buddy, CashBack, NaviSearch and eXact Downloader.

    IANAL, but I have witnessed the behavior of the eXact Advertising software as described in the complaint and have seen it downloaded along with other adware through security exploits. This is the third such class action lawsuit filed this year against adware companies. In September, a complaint was filed against 180solutions and in April Direct Revenue was the target of a similar lawsuit.

    http://blogs.zdnet.com/Spyware/index.php?cat=8
    Webmaster's... Mike and Charlie

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  2. #2
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Thread was split off from the SAHS issue
    Continued Success,

    Haiko
    The secret of success is constancy of purpose ~ Disraeli

  3. #3
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Here's a common thread for all spyware/adware that is getting up a head of steam in the legal community seeking to protect consumers from themselves. When is concent to continuously invade your privacy, in exchange for some worthless Freebee, not enforceable in court.... http://sunbeltblog.blogspot.com/2005...gree-give.html
    Webmaster's... Mike and Charlie

    "What have you done today to put real value into a referral click...from a shoppers viewpoint!"

  4. #4
    Super Sh!t Stirrer SSanf's Avatar
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    Why is this posted in the inner circle? It isn't particularly sensitive and is of general interest.

    If we start posting all the interesting stuff in the inner circle new comers will lose much of the benefit of ABW.
    Comments are opinion unless otherwise noted. Remember, pillage first. Then burn. Half of all people in the world have IQs under 100. You best learn to trust ol' SSanf!

  5. #5
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    It was split off another thread and I got busy, it was my intention to move it later, shoot I'm here now so I'll do it now.
    Continued Success,

    Haiko
    The secret of success is constancy of purpose ~ Disraeli

  6. #6
    Super Sh!t Stirrer SSanf's Avatar
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    Thank you!
    Comments are opinion unless otherwise noted. Remember, pillage first. Then burn. Half of all people in the world have IQs under 100. You best learn to trust ol' SSanf!

  7. #7
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    There is / will be heavy moderation to keep threads on topic in the IC, people will just need to get used to it. Mike posted and it was moved quickly to keep the original thread intact but his post should have been public to begin with.
    Continued Success,

    Haiko
    The secret of success is constancy of purpose ~ Disraeli

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