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Genuine Advantage lawsuit
From: David Farber <dave () farber net>
Date: Thu, 29 Jun 2006 14:07:45 -0400
Begin forwarded message: From: "Aleecia M. McDonald" <aleecia () aleecia com> Date: June 29, 2006 11:31:55 AM EDT To: David Farber <dave () farber net> Subject: Genuine Advantage lawsuit For IP if you wish.A suit filed in Seattle court claims that Genuine Advantage is spyware, and denied users the ability to make informed consent. Note the carefully phrased denial from Microsoft:
"Spyware is deceptive software that is installed on a user's computer without the user's consent and has some malicious purpose,"
I've looked at a lot of definitions of spyware, and "some malicious purpose" is an interesting addition.
Lauren Weinstein appears to believe that consent is not at issue, but rather the degree of damage:
"It doesn't seem to me that this particular incident rises anywhere near the kind of damage that is normally associated with spyware," said Lauren Weinstein, co-founder of People for Internet Responsibility. "That's not to say that Microsoft should have done it the way they did. ... But that doesn't necessarily make it illegal." [ellipses in original text]
Full article: http://seattlepi.nwsource.com/business/ 275780_msftsuit29.html?source=mypi
One of my concerns is that, politically, it is difficult to pass Federal legislation that bans Microsoft's standard business practices. It's been hard enough to approach a working definition of spyware (see the good work of CDT's Anti-Spyware Coalition.) Codifying what is, or isn't, spyware just got a whole lot more difficult.
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