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Goldengamego
Premium Member
join:2004-02-22
Okemos, MI

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Goldengamego to BillPStudios

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to BillPStudios

Re: Silencing the Critics: IBIS

said by BillPStudios:

Thanks for your support Eric.

As you know as a small developer we can't afford to spend our time in court. What I find interesting is IBIS can pay for attorneys but didn't bother to pay the $19.95 Plus upgrade. If they had, they would read what we really think of their products.

Our free WinPatrol program makes no judgments as to the nature of a program. As our users request, we notify them when new programs have been installed without their knowledge. It just turns out that IBIS's programs apparently has a habit of doing this. We allow users to make their own judgments.

We don't have or need any kind of vendor appeal process so nothing will change on our end.

Bill Pytlovany
BillP Studios

One last note, contrary to their zip code database used in their letter, BillP Studios is located in Scotia NY, not Schenectady.
never mind I should fix my glasses

simplysup
Premium Member
join:2004-03-30
UK

simplysup to bedelman0

Premium Member

to bedelman0
said by bedelman0:

Simplysup, I have added your report to my Threats page. »www.benedelman.org/spywa ··· /threats
Thanks Ben. I was going to mail you with the details, so that you could add the report to your Threats page, but now I don't need to

BillPStudios
Premium Member
join:2004-04-16
Scotia, NY

BillPStudios to simplysup

Premium Member

to simplysup
Hi Nigel,

In a way I'm glad to see that we're not alone in getting these letters. Our 2nd letter
»www.winpatrol.com/suppor ··· eat2.pdf
came from the same Czech office as yours.

In your case, they at least seem to be familiar with your software. WinPatrol doesn't do any of the things they mention in their letter to us. All they did was show screen shots showing their applications and other programs they use to protect themselves from their own apps.

We're treating this as a form letter sent to companies hoping to scare them into submission. We have not responded and don't expect too. I think they already know they're wrong and I don't need to remind them.

Thanks,
Bill

ahulett
Premium Member
join:2003-02-02
Little Elm, TX

ahulett to eburger68

Premium Member

to eburger68
I wonder if they sent a letter to Microsoft. After all, Task Manager lists those running processes, and we can't have that!!!

EGeezer
Premium Member
join:2002-08-04
Midwest

2 edits

EGeezer to eburger68

Premium Member

to eburger68

Licensing terms

You know, I wonder if anti-crapware vendors/providers put the same language about possible removal and disabling of other software in their license terms, would that be a helpful protection?

The crapware vendors have been using the EULA as a defense, and it seems that careful construction of the EULA would make it difficult for crapware vendors to blast away at vendors whose terms claim essentially the same rights as the crapware vendors.

For example, pulling and customizing a quote from some terms posted above;
said by possible sample:
By installing you understand and agree that changes may be made to your browser and system and that the following functions may be performed by (insert crapware removal product here): install an application which may (i) block certain pop-up ads and pages; (ii) block some programs from providing links to related websites and keywords that were presented based on the information you view and the websites you visit; (iii) block the storing and transmission of statistics of the websites you have visited; (iv) Block the redirect of certain URL's including your browser default address bar search, DNS error page and Search Button page to or through some other services or applications; (v) on Windows X2 Service Pack 2 computers block the use of Microsoft Firewall APIs to open communication ports some applications use in the toolbar to communicate with some servers and; (vi) block the automatic update of certain programs or applications that may install added features or functionality without your input or interaction.

You further agree that by installing this program that you are rescinding any EULA agreement with any application that may be disabled or removed.

Basically, you're taking the same language and using the same "rights" that the crapware vendors claim - that is, to notify by EULA that your anticrapware application may cause some other programs to quit functioning. This then becomes the USER's informed choice if they click "yes".

The last paragraph would provide confirmation of a direct desire of the user to no longer agree to the terms of the crapware, creating a firm legal condition that would allow the program and the user to remove the crapware.

Lawyers, what do you think?