Author Topic: Close call for spyware  (Read 4394 times)

0 Members and 1 Guest are viewing this topic.

Offline deadly7

  • 42
  • x86
  • Hero Member
  • *****
  • Posts: 6496
    • View Profile
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)
[17:42:21.609] <Ergot> Kutsuju you're girlfrieds pussy must be a 403 error for you
 [17:42:25.585] <Ergot> FORBIDDEN

on IRC playing T&T++
<iago> He is unarmed
<Hitmen> he has no arms?!

on AIM with a drunk mythix:
(00:50:05) Mythix: Deadly
(00:50:11) Mythix: I'm going to fuck that red dot out of your head.
(00:50:15) Mythix: with my nine

Offline Newby

  • x86
  • Hero Member
  • *****
  • Posts: 10877
  • Thrash!
    • View Profile
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....
- Newby
http://www.x86labs.org

Quote
[17:32:45] * xar sets mode: -oooooooooo algorithm ban chris cipher newby stdio TehUser tnarongi|away vursed warz
[17:32:54] * xar sets mode: +o newby
[17:32:58] <xar> new rule
[17:33:02] <xar> me and newby rule all

I'd bet that you're currently bloated like a water ballon on a hot summer's day.

That analogy doesn't even make sense.  Why would a water balloon be especially bloated on a hot summer's day? For your sake, I hope there wasn't too much logic testing on your LSAT. 

Offline Screenor

  • Hero Member
  • *****
  • Posts: 1611
  • My own little world.
    • View Profile
Re: Close call for spyware
« Reply #2 on: November 11, 2005, 09:40:56 am »
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

trust

  • Guest
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.

Offline MyndFyre

  • Boticulator Extraordinaire
  • x86
  • Hero Member
  • *****
  • Posts: 4540
  • The wait is over.
    • View Profile
    • JinxBot :: the evolution in boticulation
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.
I have a programming folder, and I have nothing of value there

Running with Code has a new home!

Our species really annoys me.

Offline Sidoh

  • x86
  • Hero Member
  • *****
  • Posts: 17634
  • MHNATY ~~~~~
    • View Profile
    • sidoh
Re: Close call for spyware
« Reply #5 on: November 11, 2005, 01:01:34 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.

Offline deadly7

  • 42
  • x86
  • Hero Member
  • *****
  • Posts: 6496
    • View Profile
Re: Close call for spyware
« Reply #6 on: November 11, 2005, 05:25:20 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.
[17:42:21.609] <Ergot> Kutsuju you're girlfrieds pussy must be a 403 error for you
 [17:42:25.585] <Ergot> FORBIDDEN

on IRC playing T&T++
<iago> He is unarmed
<Hitmen> he has no arms?!

on AIM with a drunk mythix:
(00:50:05) Mythix: Deadly
(00:50:11) Mythix: I'm going to fuck that red dot out of your head.
(00:50:15) Mythix: with my nine

trust

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

Offline Screenor

  • Hero Member
  • *****
  • Posts: 1611
  • My own little world.
    • View Profile
Re: Close call for spyware
« Reply #8 on: November 12, 2005, 02:44:20 am »
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

Offline Hitmen

  • B&
  • Moderator
  • Hero Member
  • *****
  • Posts: 1913
    • View Profile
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
Quote
(22:15:39) Newby: it hurts to swallow