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Author Topic: Close call for spyware  (Read 4429 times)

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Offline deadly7

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Close call for spyware
« on: November 10, 2005, 11:10:38 pm »
http://techdirt.com/articles/20051110/1412200_F.shtml
Interesting. I doubt it would work though, if the case did get appealed to the Supreme Court (obviously the Court would take a case this big, it would affect millions of people) the Supreme Court would overturn the ruling and side with the defense (the Spyware companies)
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Offline Newby

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Re: Close call for spyware
« Reply #1 on: November 10, 2005, 11:11:35 pm »
Technically, malware never has you agree to any license, so you can't violate any license.

Normally, you have to lose revenue or violate a license agreement in order to sue someone over violating a license agreement...

Oh, yeah, Starcraft files are also called spyware. Why doesn't Blizzard sue PestPatrol? Because it states that it is potentially spyware....
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Offline Screenor

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Re: Close call for spyware
« Reply #2 on: November 11, 2005, 09:40:56 am »
Quote from: Newby on November 10, 2005, 11:11:35 pm
Technically, malware never has you agree to any license, so you can't violate any license.

Normally, you have to lose revenue or violate a license agreement in order to sue someone over violating a license agreement...

Oh, yeah, Starcraft files are also called spyware. Why doesn't Blizzard sue PestPatrol? Because it states that it is potentially spyware....
Just curious, but how is it spyware? That's something I find interesting. o_O
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trust

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Re: Close call for spyware
« Reply #3 on: November 11, 2005, 12:04:16 pm »
I don't see why the Supreme Court would receive this case.
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Offline MyndFyre

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Re: Close call for spyware
« Reply #4 on: November 11, 2005, 12:27:26 pm »
I don't think the Supreme Court would side with the spyware company.  Of course, I also think that the Supreme Court would side with EFF/BnetD.  But that's something awaiting trial.
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Offline Sidoh

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Re: Close call for spyware
« Reply #5 on: November 11, 2005, 01:01:34 pm »
Quote from: MyndFyre[x86] on November 11, 2005, 12:27:26 pm
I don't think the Supreme Court would side with the spyware company.  Of course, I also think that the Supreme Court would side with EFF/BnetD.  But that's something awaiting trial.

I just hope they don't allow this sort of thing just because they said something in their EULA that makes it legal.  That would be an inconceivably unwise decision on their part.
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Offline deadly7

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Re: Close call for spyware
« Reply #6 on: November 11, 2005, 05:25:20 pm »
Quote from: OG Trust on November 11, 2005, 12:04:16 pm
I don't see why the Supreme Court would receive this case.
I'm saying if this went to court and was appealed all the way up to the Supreme Court.. they'd probably vote to take it (since they have the power to do so) as this affects MILLIONS of people in the U.S., and probably a billion people worldwide.
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(00:50:15) Mythix: with my nine

trust

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Re: Close call for spyware
« Reply #7 on: November 11, 2005, 05:46:25 pm »
But it's not really a constitutional issue.
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Offline Screenor

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Re: Close call for spyware
« Reply #8 on: November 12, 2005, 02:44:20 am »
Quote from: Scr33n0r on November 11, 2005, 09:40:56 am
Quote from: Newby on November 10, 2005, 11:11:35 pm
Technically, malware never has you agree to any license, so you can't violate any license.

Normally, you have to lose revenue or violate a license agreement in order to sue someone over violating a license agreement...

Oh, yeah, Starcraft files are also called spyware. Why doesn't Blizzard sue PestPatrol? Because it states that it is potentially spyware....
Just curious, but how is it spyware? That's something I find interesting. o_O
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Offline Hitmen

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Re: Close call for spyware
« Reply #9 on: November 12, 2005, 11:15:38 am »
Courts have already ruled in multiple cases that EULA's are not legal contracts and are not enforcable.

Also see this link for spyware issues. It doesn't look like the courts are much in favore of spyware companies.

HTH
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