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Forums » IDownload's Legal Threats » Good Response
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awluck

join:2000-05-24
Duluth, GA

Re: Good Response

Rambling.... And probably far afield.

What is required is a new word. A term of art which is specifically designed to identify software which :

(any and/or all) of the following:

a. installs illicitly (either without the user's knowledge or consent, or under false pretenses);
b. relies upon fraud or deceit for distribution;
c. relies upon security holes in existing software for distribution;
d. covertly intercepts or analyzes data or data streams for third party purposes;
e. generates computer activity deleterious to the efficient and effective function of user-desired computer activity;
f. presents data to the user which has not been intentionally requested and is not part of the originally installed operating system;
g. attempts to obscure its true activities through non-technological means (legalese or PR flak or FUD);
h. provides no opportunity for complete un-installation;
i. resists attempts by end-user to circumvent or un-install;

Before the witticisms begin ("Oh , well, you've just described MS Windows", "What software doesn't fall into some of those categories?", etc.), I think the problem can be divided into two parts.

Intention of the end user vs. intention of the _____ware distributor.

Obfuscation for propagation.

A. I expect the device to work a certain, predictable way. When it doesn't, there are two logical reasons.

1. Some thing is not doing what it is supposed to do.
2. Something is doing exactly what it is supposed to do.

If A.1., there is a hardware or software flaw.
If A.2., there is _____ware installed.

What is needed is the application of laws like trespass, breaking and entering, voluntary conversion, misappropriation, theft, vandalism, deception with intent, etc. We could start with some of the big mainstream old-line media outlets that employ means to circumvent anti-pop-up software that is installed by the end-user.

My computer is mine, just like my house. If you come in without my permission or through deception, I want to be able to put you in jail.

What happened to the concept that if I say "I think you are a s***head", it isn't slander, but if I say "You are a child molester" then it is.

What is ____ware is an opinion. The fact the a whole lot of people tend to agree shouldn't change the fact the it is still an opinion. The fact that a whole lot of people act on someone else's well-formed opinion isn't actionable. After all, we aren't calling these people child molesters, are we?
--
.sig under development
awluck

join:2000-05-24
Duluth, GA

Re: Good Response

Infestware
Forums » IDownload's Legal Threats« Well  


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