Close call for spyware

[deadly7]

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)

[Newby]

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....

[Screenor]

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]

I don't see why the Supreme Court would receive this case.

[MyndFyre]

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.

[Sidoh]

x86] link=topic=3674.msg37782#msg37782 date=1131730046]
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.

[deadly7]

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.

[trust]

But it's not really a constitutional issue.

[Screenor]

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

[Hitmen]

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