p2pnet.net News:- Ooops. Spyware Warrior is in trouble.

At least, certain legal eagles want him to think he is.

Yesterday he had a letter forwarded by Domains by Proxy, his domain registrar’s private registration partner, “from the law firm Savrick Schumann Johnson McGarr Kaminski & Shirley attorneys and counselors at law, Mark D. Hopkins, Partner – Austin Office representing iDownload.com.”

Lifted from Spyware Warrior’s site, it reads:

Re: Incorrect Classification of iDownload’s Product as Malware & Related disparagement of iDownload

Dear Sir or Madam:

This firm represents iDownload.com with respect to your inaccurate classification of iDownload’s software product, iSearch toolbar, as Malware on the following four websites:

(1) domain blacked out
(2) domain blacked out
(3) www.netrn.net
(4) domain blacked out

Specifically, a recent review of materials disseminated by your company, via the Internet, revealed that your company is falsely disparaging iDowload’s [sic] product, iSearch, in that Domains by Proxy, Inc. classifies the product as Malware and articulates that,

iSearch “Desktop Search” hijacker….

iSearch is unidentified malware….

Domains by Proxy, Inc.’s characterization of iSearch as Malware is damaging to the iDownload brand. As we all know, Malware is a phrase within the public conscience that has a specific meaning. A classification of Malware is usually reserved for those programs designed specifically to damage or disrupt a system, such as a virus or a Trojan horse, iSearch does not fit this profile.

iSearch does not qualify as Malware. iSearch is a toolbar that in no way attempts to remain hidden or evade detection, Continuing, unlike Malware, iSearch does not gather any personally identifiable information about end users, does not collect data about the user’s web usage, does not collect any information entered into web forms, does not share information with third parties, does not send or cause to be sent unsolicited e-mail, and does not install items such as dialers on the end user’s computer.

We would request that you correct your disseminated materials immediately to remove any reference to iSearch as Malware or Spyware. To the extent you fail to remedy your improper disparagement of the iDownload brand on or before February 15, 2005, we will take all necessary action against your company to protect iDownload from your continuing tortuous conduct. Should you have any questions regarding the foregoing, please feel free to contact me.

Best Regards,
Mark D. Hopkins

Do you think Hopkins really means, “Best Regards”?

Anyway, Spyware Warrior says he’s in touch with his own legal eagles, that he’s evaluating his options and will keep everyone posted.

But, “Interestingly enough, I’m not the only site in the anti-spyware community to receive such a letter from Mr. Hopkins,” he says, mentioning a dslreports thread, namely:

“Security site Castle Cops – which as we mentioned yesterday was threatened by the makers of ‘Isearch’ for referring to their product as Spyware – has posted a response to the company at their their website. The response points out they aren’t alone in classifying the ISearch and IDownload applications (which utilize stealth installation techniques) as spyware, and have in no way ‘disparaged’ the product; they managed to do that all by themselves.”

Of Hijacked computers
Should you be wondering what all the fuss is about, the ‘disparage’ link in the dslreports item leads to a 2004 ABC News report which kicks off:

“Hundreds of thousands of people opened their computer browser today to what they thought was their home page – and instead saw the page for iSearch, a computer ’spyware’ program that has hijacked their computer. Thank you Fidelity Investments. Thank you TD Waterhouse. Thank you Business Week Online. And thank you every other company that helps pay for this extortion.”

Under the sub-head Trapped in Spyware Hell, it goes on:

“iSearch works something like this: Some time during the course of surfing the Web, you unknowingly trip over the iSearch applet, which is instantly downloaded – without your knowing it – into your computer.

“This program then does two things: 1) It orders your computer to permanently switch to .iSearch.com as your new home page, and 2) Covers its tracks, so that you can’t simply go into your computer’s utilities and replace it. You are now trapped.

“The next time you go on the Web, expecting to see Google or Yahoo! or ABCNEWS.com as your home page, up pops the iSearch home page. There’s also an iSearch toolbar on the top of your page. ‘What the H*#$*?’ you mutter, figuring it’s a mistake, and go on with your business – noting, with growing annoyance that suddenly you are getting a whole bunch of new pop-ups about stopping spyware, spam, etc.”

And at the end of ABC’s six-page report is an editor’s note which reads:

“— Fidelity responds regarding efforts to have its name removed from iSearch: ‘Once we became aware of iSearch, we took immediate action to get our name off of their site. We were informed this morning [5/21] in writing by the Overture network that iSearch has removed our name from their site. While the Web site will still produce our name in an *organic* search, (which we cannot control), we no longer appear as a preferred link. As an additional precaution, we are exploring search engine networks with whom we work to confirm that they do not include companies like iSearch. … [W]e are very concerned about spyware and are supportive of efforts to develop effective anti-spyware laws’.”

Stay tuned.

(Thanks, Drake)

Something you think we should know? tips[at]p2pnet.net

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See:-
Incorrect Classification – iDownload’s Product is not malware?, February 22, 2005

This entry was posted on Thursday, February 24th, 2005 at 12:53 am and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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