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SWW exclusive - Trekeight sues Symantec

 
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suzi
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PostPosted: Wed Jul 28, 2004 8:57 pm    Post subject: SWW exclusive - Trekeight sues Symantec Reply with quote

It's true. Right now we have the exclusive story on this but I think CNET will have it tomorrow.

http://www.spywarewarrior.com/files/Trekeight_v_Symantec.pdf

Pertinent links regarding the Lanham Act:

http://www.bitlaw.com/source/15usc/

http://www4.law.cornell.edu/uscode/15/ch22.html
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nomorespyware
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PostPosted: Thu Jul 29, 2004 3:40 am    Post subject: yikes Reply with quote

Hope Symantec has some good lawyers. They should call in Patrick Kolla as a witness, since Patrick can prove that Trek(whatever their name is this week) stole Spybot S&D and altered it.

http://www.safer-networking.org/en/news/2003-02-12.html
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Scaramouche
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PostPosted: Thu Jul 29, 2004 3:42 am    Post subject: Reply with quote

This is strange and interesting legal territory. I tend to agree with Eric that spywarenuker in this incarnation isn't adware (it's just of questionable effectiveness and comes from a questionable source), which puts Symantec on tricky ground.

For the most part spyware (and virus for that matter) classification has been on a "good faith" basis, in that we assume the anti-spyware producers know what's best to include and what not to include. I wonder, if this lawsuit isn't thrown out as the nuisance suit it seems to be, if there will be a legal definition of what qualifies as spyware and what does not.

Something like Ad-Aware's TAC system seems even more useful now, though the actual criteria are subject to some level of relativism, in that they don't actually quantify 'system instability' for example that could result from several factors. But it wouldn't surprise me if anti-spyware vendors start adopting similar systems in a CYA maneuver.

Unfortunately though, spywarenuker might be bad software, and the company that produces it might be a bad company and engages in all of the questionable things we hate, the software itself doesn't appear to be spyware. While I feel Symantec is 'right' in seeking to censure a company like TrekEight it might end up that in this case the balance of the law might be against them.

Unless of course they successfully argue that Trek's other businesses constitute a conflict of interest of some kind :) Too bad Trek's not publicly held, maybe the shareholders could sue them for not displaying due diligence by creating a product that theoretically erodes their original revenue model :)

PS-Even though it's a virtual forum I've always had this picture in my mind of Suzi having chain mail and a sword in real life. I still have to get used to this new look :)
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webhelper
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PostPosted: Thu Jul 29, 2004 5:07 am    Post subject: Re: yikes Reply with quote

nomorespyware wrote:
Hope Symantec has some good lawyers. They should call in Patrick Kolla as a witness, since Patrick can prove that Trek(whatever their name is this week) stole Spybot S&D and altered it.

http://www.safer-networking.org/en/news/2003-02-12.html


No can do as they now have a different spywarenuker that is created by someone else and not the old BulletProofSoft clone as before.
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suzi
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PostPosted: Thu Jul 29, 2004 8:29 am    Post subject: Reply with quote

In case anyone has not read Eric's notes on Spyware Nuker on the Rogue Anti-spyware page:

Quote:
Note on SpywareNuker: SpywareNuker presents a difficult case. It is listed here primarily because the old version (version 1) is still being distributed with some applications from Blue Haven Media, which is a sibling company to TrekBlue, the makers of SpywareNuker (both Blue Haven and TrekBlue are divisions of Trek8, LLC). Version 1 has a deservedly poor reputation. It is a clone of BPS Spyware & Adware Remover, which itself is a rip-off of Ad-aware (1, 2) and Spybot Search & Destroy (1, 2, 3, 4, 5). Moreover, it is prone to ridiculous false positives, like the other clones of BPS Spyware & Adware Remover.

In the late spring or early summer of 2004, TrekBlue released a new version of SpywareNuker (version 2, also known as SpywareNuker 2004) which is not built on the codebase licensed from BPS (1). Testing with this new version (also released under the name pcOrion) indicates that it does detect and remove spyware and adware. Moreover it is not prone to inexcusable false positives, as its predecessor was. Thus, the new SpywareNuker 2004 is a significant improvement on the justly discredited original version of SpywareNuker.

Nonetheless, the new SpywareNuker 2004 cannot be recommended because of Blue Haven Media's continuing distribution of adware with its "freeware" software offerings (1, 2, 3, 4, 5). (No version of SpywareNuker, so far as we can tell, has itself installed adware or spyware.) At the time of this writing (July 2004), Blue Haven Media software was bundling the following adware/spyware applications: BargainBuddy, CommonName, WhenU/Save, WhenU/WeatherCast, n-case/180Solutions, ShopNav, IGetNet, Sidestep, WurldMedia/ebates, MySearch/MyWay, and Gigatech SuperBar.

That puts TrekBlue in the dubious position of detecting and removing adware/spyware that is distributed for profit by its sister company Blue Haven Media. Testing with SpywareNuker 2004 indicates that it will detect and remove the adware/spyware listed above. Still, we cannot recommend that users rely on SpywareNuker 2004 for adware/spyware protection not only because of Trek8's continuing dependance on revenue from adware/spyware distribution and its past history of aggressive advertising, but because there are reputable alternatives available that are not burdened with Trek8's checkered history.


There are hyperlinks (the numerals) to other documentation.

See here:

http://www.spywarewarrior.com/rogue_anti-spyware.htm#swn_note
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PostPosted: Mon Aug 02, 2004 9:36 pm    Post subject: CNET now has the story and a link to notes on the rogue page Reply with quote

Quote:
Symantec sued for labeling product 'adware'
Published: August 2, 2004, 4:35 PM PDT
By John Borland
Staff Writer, CNET News.com


A small San Diego software company is suing Symantec, claiming that the computer security giant is driving away business by unfairly lumping it in with spyware distributors.

TrekEight (which variably refers to itself also as "Trek8," "TrekData" and "TrekBlue") makes a product called Spyware Nuker, which it advertises as a tool for identifying and removing spyware on computer hard drives. But Symantec's Web site and Norton AntiVirus software has for months been identifying TrekEight's software as a potentially damaging piece of "adware."



http://news.com.com/Symantec+sued+for+labeling+product+%27adware%27/2100-1023_3-5293992.html?tag=cd.top
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PostPosted: Mon Aug 02, 2004 9:42 pm    Post subject: Reply with quote

hope norton nails them to the wall.
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