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Prelude76

Gator sues anti-spyware websites.

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Prelude76
In an effort to improve its corporate reputation, adware company Gator has launched a legal offensive to divorce its name from the hated term "spyware"--and so far its strategy is paying off.In response to a libel lawsuit, an antispyware company has settled with Gator and pulled Web pages critical of the company, its practices and its software. And other spyware foes are getting the message."There is this feeling out there that they won the lawsuit, and people are starting to get scared," said one employee of a spyware-removal company, who asked not to be named. "We haven't been sued, but we've heard that other companies are being sued for saying this and that, so we've changed our language" on the company Web site.Gator often distributes its application by bundling it with popular free software like Kazaa and other peer-to-peer programs. When downloaded, Gator's application serves pop-up and pop-under ads to people while they're surfing the Web or when they visit specific sites. Ads can be keyed to sites so that a pitch for low mortgage rates, say, can appear when a surfer visits a rival financial company's site.The distinction between such "adware," which can report back to its creator with information about the computer user's surfing habits, so as to allow for supposedly more effective ad serving, and "spyware," which similarly monitors surfing habits and serves up ads, is sometimes a hazy one, and lies at the heart of Gator's libel suit.Gator maintains that its software differs from spyware in that people are clearly notified before they download it, and in that they do so in exchange for a service, like the peer-to-peer software. Spyware, the company maintains, is surreptitiously installed and gives the unwitting computer user no benefit.But critics of adware companies question how clearly such downloads are marked--PC users may suddenly be deluged with pop-ups and have no idea where they're coming from--and protest that companies like Gator are collecting information without sufficiently accounting for what they do with it.
so Gator, the pioneer of spyware, thinks they have a bad name in the general public minds. duh. B)

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BarryB

I always thought of Gator more like "Invasionware"

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LilBambi

I know they are unwanted ware regardless of their suit.Folks should be able to get a software package (spyware remover) that has the ability to totally clean the registry of the likes of this despicable piece of crap software! IMHO. B) B)

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BarryB

Awww Come-on Fran...Tell us how you really feel... B) B) :lol: B)

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LilBambi
B) Ah, gee I thought I already did that LOL! B)

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Grasshopper

Seems like every time I go to Mom's house, I find Gator on her computer."What in the heck did you install that put Gator on your computer???""I don't know.""Well, have you installed anything at all?""Yeah."<sigh>Fran, you're being too nice. B)

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LilBambi

LOL! I hear ya tbird9768!What I would like to put a list of online gaming sites that install some pieces (but not the entire Gator) on user's computers. I know there have to be some that do just from the things that I am seeing on computers of those who make use of online gaming sites.Or maybe it's a browser hijack in some malware/spyware ads being presented on the sites, I don't know, but it is getting intense. That horrible lop.com buggy spyware/malware that seems to be installing itself out of nowhere on users computers is getting out of hand. B) Because of the stringent measures and generally very careful browsing, I haven't seen these things on my computer, but it is surprising the number of new clients and existing clients that have been hit with this and other spyware/malware that make their computers crash and burn, run like slugs and/or prevent them from doing what they wish to do on their own computers until these things are taken care of.

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Prelude76

about as bad as Gator (in terms of being on everyone newbie's computer you'd think it comes pre-installed!) is bonzi buddy, Save Now and New.Net.I can't believe they are mad that they have a bad name out there. I mean, it's like the KKK complaining they have a bad rep and suing so people stop calling them racists. B)

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SonicDragon
Seems like every time I go to Mom's house, I find Gator on her computer."What in the heck did you install that put Gator on your computer???""I don't know.""Well, have you installed anything at all?""Yeah."<sigh>
I know what you mean. I hate using someone else's computer :angry:I'm definatly not a gator fan either B)

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LilBambi

prelude, you are so right! B) Sonic, it really has gotten to be more of a concern than ever before regarding using other computers, particularly to access password protected email, and other types of password transaction protected items when you are on the road. We have taken to bringing our own computers along with us if we will be more than overnight. B)

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Stryder

From Cnet,

PC Pitstop used to publish pages on its Spyware Information Center titled "Is Gator Spyware?" the "Gator Boycott List," and the "Gator Quiz." Those pages are now gone.
Full article: http://news.com.com/2100-1032_3-5095051.htmlThey had to remove articles urging people to boycott???? What ever happened to freedom of speech? That is crap. I know Scot knows Dave from PCPitstop, so maybe he can get a little insight on that matter. It just seems 100% UNCONSTITUTIONAL to me to be able to put a gag on someone for wanting to boycott a company. It is our rights as Americans to boycott a company for ANY reason we see fit. And to be able to publish information on that boycott. Is this the USA or the USSR-A?

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Grasshopper

OK, how's this for freedom of speech...GATOR IS SPYWARE/CRAPWARE/JUNKWARE/MALWARE !!! ;) Ahhh, I feel better. :D

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Stryder
OK, how's this for freedom of speech...GATOR IS SPYWARE/CRAPWARE/JUNKWARE/MALWARE !!! ;) Ahhh, I feel better.  :D
I like it!!!! As a matter of fact, I like it a lot!!!!Thanks tbird, I feel better now.

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Prelude76

woah, any more false accusations such as tbirds' and our very own forum may get sued by Gator Spware Inc. ;) p.s.I HEREBY VERIFY AND CONCUR THAT GATOR INC. IS INDEED SPYWARE/TROJAN/VIRUS/MALWAREp.p.s.if they dont like it, why dont we all coin the term "Gatorware" which would naturally imply all those terms listed above.example> No, you should not install Bonzi Buddy. It is a type of Gatorware.

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ibe98765
From Cnet,
PC Pitstop used to publish pages on its Spyware Information Center titled "Is Gator Spyware?" the "Gator Boycott List," and the "Gator Quiz." Those pages are now gone.
Full article: http://news.com.com/2100-1032_3-5095051.htmlThey had to remove articles urging people to boycott???? What ever happened to freedom of speech? That is crap. I know Scot knows Dave from PCPitstop, so maybe he can get a little insight on that matter. It just seems 100% UNCONSTITUTIONAL to me to be able to put a gag on someone for wanting to boycott a company. It is our rights as Americans to boycott a company for ANY reason we see fit. And to be able to publish information on that boycott. Is this the USA or the USSR-A?
In business, "freedom of speech" often takes a back seat to fear of being sued. In court, even if you win, you lose because of the resources and $$$ it takes. Gator is going down the same path as SCO, using lawyers to threaten and cajole. But SCO is trying this tact against the big guns and has run into IBM, not someone you want to do battle in court with. OTOH, Gator is only challenging small companies. I'm not at all sure that calling Gator "spyware" is libel and I wonder if their win would hold up on appeal. However, one thing is for sure. Gator has a lot more money to wage this battle than PCPitstop does, so PCPitstop wisely bailed.Welcome to U.S.A., sigh...

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Stryder

Ibe, I am not talking about the libel end of this legal action. They could play the terminology game for years and several appeals on the libel issue. I fully understand a small venture like PCPitstop not wanting to get wrapped up in that.But as far as PCPitstops page about boycotting Gator, that is supposed to be protected free speech. Everyone has a right to boycott and publish materials trying to garner support for a boycott for whatever reason they see fit. That is the part that bothers me, boycotts and libel are two seperate things completely.

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ibe98765
Ibe, I am not talking about the libel end of this legal action. They could play the terminology game for years and several appeals on the libel issue. I fully understand a small venture like PCPitstop not wanting to get wrapped up in that.But as far as PCPitstops page about boycotting Gator, that is supposed to be protected free speech. Everyone has a right to boycott and publish materials trying to garner support for a boycott for whatever reason they see fit. That is the part that bothers me, boycotts and libel are two seperate things completely.
If you were the website owner and you were threatened with expensive lawyer bills so you could have the opportunity to defend your supposed "right", what would you do? In the U.S.A., money is power. Unless they could get someone like the ACLU to defend them, the prudent thing to do would be to back off and let someone else fight the battle. Gator knows it can get away with this type of strong-arm action because, well because it has the money to do so. 'nuff said...

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Stonegiant
Seems like every time I go to Mom's house, I find Gator on her computer."What in the heck did you install that put Gator on your computer???""I don't know.""Well, have you installed anything at all?""Yeah."<sigh>Fran, you're being too nice.  B)
Unfortunately, our mother (Tbird and mine) isn't terribly technically inclined. No particular surprise that gator and other crap gets installed regularly... :)

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GolfProRM

I just found out something very disgusting yesterday (that actually involves Gator)... My company (name being withheld for obvious reasons) is using Gator to generate contacts for our student loan consolidation business. When people enter info (using gator) at specific websites (not ours, I might add), we get the info as well... With all the positive propaganda that we hear at work, I about threw up when I heard this, as this idea is just sickening to me. If this isn't proof that Gator isn't kosher, then I don't know what is.

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Corrine
If you were the website owner and you were threatened with expensive lawyer bills so you could have the opportunity to defend your supposed "right", what would you do?  In the U.S.A., money is power.  Unless they could get someone like the ACLU to defend them, the prudent thing to do would be to back off and let someone else fight the battle.  Gator knows it can get away with this type of strong-arm action because, well because it has the money to do so. 'nuff said...
I agree with Ibe. On the flip side, this demonstrates the power of sites like PCPitstop -- that they brought Gator to their knees.

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volunteer
Seems like every time I go to Mom's house, I find Gator on her computer."What in the heck did you install that put Gator on your computer???""I don't know.""Well, have you installed anything at all?""Yeah."<sigh>Fran, you're being too nice.  B)
Unfortunately, our mother (Tbird and mine) isn't terribly technically inclined. No particular surprise that gator and other crap gets installed regularly... :(
I help out friends with their computer problems. Last week one of them in her 70s told me her computer was running slow and would freeze up. I burned an updated AdAware and Spybot to a cd and ran both on her computer. It was full of crapware. Her teenage grandchildren even had Kazaa running on it.When I explained what Kazaa was and the RIAA consecuences they were not happy campers. The grandchildren won't use her computer anymore! :) Ken

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LilBambi

LOL! B) It is interesting what curiosity and the feeling that the Internet is totally cool -- and all good and a powerful source (which is all true) but not realizing it also has a seedy, despicable, malicious or intrusive side (which is also true) -- can do to folks with out that knowledge or level of at least acceptance.They often do not realize that the Internet, like the many sides of people themselves, must be acknowledged for all their sides.Definition of naive:

naive  adj 1: marked by or showing unaffected simplicity and lack of guile            or worldly experience; "a teenager's naive ignorance            of life"; "the naive assumption that things can only            get better"; "this naive simple creature with wide            friendly eyes so eager to believe appearances" [syn: naif]            [ant: sophisticated]  2: lacking experience of life; "a callow youth of seventeen"        [syn: callow, inexperienced, unsophisticated]  3: lacking sophistication [syn: unsophisticated]

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BarryB

FranAre you saying the internet reflects the character of the minds that use it :) ...No ...say it isn't so B) .

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Rons

Seedy people........................I am in shock! Thank goodness that everyone in this forum is .........eh.......kinda............ em...............NORMAL. B)

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Prelude76
When I explained what Kazaa was and the RIAA consecuences they were not happy campers.  The grandchildren won't use her computer anymore!
hey now, let's not go fearmongering about this RIAA lawsuit crap. You're more likely to be in a car crash today than be sued by RIAA.200 lawsuits, 4,000,000 people. you do the math. B)

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Grasshopper
"Gatorware"
A very good term...and fitting!!..wish I thought of it... B)

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Stryder
If you were the website owner and you were threatened with expensive lawyer bills so you could have the opportunity to defend your supposed "right", what would you do?  In the U.S.A., money is power.  Unless they could get someone like the ACLU to defend them, the prudent thing to do would be to back off and let someone else fight the battle.  Gator knows it can get away with this type of strong-arm action because, well because it has the money to do so. 'nuff said...
Once again, I can see where they would have to take down parts of their website where libel was an issue, but the boycott part should have never even came into the picture. A judge should have thrown that part out completely based on the First Amendment. For a lawsuit to go forward you have to present a case before a judge with your evidence and information. The judge should have immediately thrown that part out. Our rights are getting dismissed on a daily basis and will vanish completely due to the fact that too many people are MORE than willing to just sit there and do nothing and LET it happen.It did say in the article that PCPitstop settled. Maybe as part of the settlement PCPit took it down willingly to avoid the lawsuit for other violations on their site, but no judge in America would have ruled to make them take it down. The sticky part here is the fact that PCPit had several seperate pages concerning Gator, not just the boycott page.

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LilBambi

Unfortunately, this is becoming all too common and should not be allowed. The lawyers, spammers and virus writers are ruining the Internet.Paint me surprised. ;)

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ibe98765
Once again, I can see where they would have to take down parts of their website where libel was an issue, but the boycott part should have never even came into the picture. A judge should have thrown that part out completely based on the First Amendment. For a lawsuit to go forward you have to present a case before a judge with your evidence and information. The judge should have immediately thrown that part out. Our rights are getting dismissed on a daily basis and will vanish completely due to the fact that too many people are MORE than willing to just sit there and do nothing and LET it happen.It did say in the article that PCPitstop settled. Maybe as part of the settlement PCPit took it down willingly to avoid the lawsuit for other violations on their site, but no judge in America would have ruled to make them take it down. The sticky part here is the fact that PCPit had several seperate pages concerning Gator, not just the boycott page.
Again and not to belabor the point - to get in front of that judge costs money to pay for the lawyers, discovery, preparation, etc. And there isn't any absolute guarantee that the case would indeed be thrown out....

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