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	Re: Settlement- Not Admissible for Any Purpose Pursuant to CA Evidence Code § 1152
               Our File No. CY757-515

Dear Mr. Hopkins:

	I write you on behalf of my client ComputerCops, LLC regarding  the letter you sent on
February 10, 2005 in which you alleged that the castlecops.com website has disseminated
information improperly disparaging the iDownload/iSearch brand. I have spoken with officers of the
company about the allegations made in your letter and they have stated clearly that they have not
made or published any statement which can be said to disparage the iDownload/iSearch brand.  My
client has asked me to contact you in the hope that this matter can be resolved outside the courtroom
through a dialogue between ComputerCops and iDownload/iSearch.

	Contrary to the assertion made in your February 10 letter that, “spyware has a well known
meaning within the public conscience that has a specific meaning,” spyware is actually capable of
many definitions.  In fact, there is no universal definition of spyware, nor is there a well known
meaning within the public conscience. Nevertheless, it appears that software disseminated by
iDownload/iSearch would likely be regulated as illegal in California under California Business And
Professions Code Sections 22947-22947.6 otherwise known as the Consumer Protection Against
Computer Spyware Act.

	A cursory search of the Internet reveals that the iDownload/iSearch brand has quite a
controversial image to be sure:

http://abcnews.go.com/Technology/SiliconInsider/story?id=99522&page=1

	In addition, Symantec, Lavasoft, Computer Associates, Spyware Warrior, Spyware Blaster,
and Doxdesk, to name a few, report that the iSearch toolbar, published by iDownload is spyware
(see links below). This information is publicly available and was obtained in a manner of minutes
using the iDownload “brand” as a search term.

	It is clear that the issue of whether or not iDownload distributes spyware is a controversial
one which is a matter of public interest and any discussion or publication of web page links referring
to this controversy cannot be damaging to the iDownload brand.

	In short, ComputerCops categorically disagrees with your letter, but remains willing to listen to
iDownload’s side of the story and offers further to allow iDownload a public forum on the
castlecops.com web site in which to respond to the questions raised in many circles about iDownload
distributing spyware.  

	This is ComputerCops final good faith attempt to resolve an uncomfortable matter in an
amicable manner. Should iDownload fail to respond to this letter before March 15, 2005,
ComputerCops, LLC will take any and all legal measures necessary to protect its rights.   




                                                                   Very truly yours,

		  
                                                                   BENJAMIN Z. RICE

 

                                                      Internet Resources on ISearch 

http://securityresponse.symantec.com/avcenter/venc/data/spyware.isearch.html
Type: Spyware
Behavior: Spyware.ISearch is an Internet Explorer Browser Helper Object and functions as a
toolbar. It is a search hijacker and also tracks user activity on a remote server at isearch.com.

Symptoms
One or more files are detected as Spyware.Isearch.

Transmission
The ISearch toolbar can be manually installed through ActiveX installers, or it comes bundled
with other software.

http://www.edbott.com/weblog/archives/000340.html

http://www.tenebril.com/src/info.php?id=431726676


http://www.spywareguide.com/product_show.php?id=732
#  Adds other software
#  Shows ads
#  Changes browser
Danger Level: 6"

http://netrn.net/spywareblog/archives/2004/03/28/spywareblaster-update/

http://www.doxdesk.com/parasite/Pugi.html
http://doxdesk.com/parasite/ILookup.html
http://www.doxdesk.com/parasite/rogues.html

http://windowsxp.mvps.org/ie/lockedbars.htm

Isearch is listed as "Rogue/Suspect Anti-Spyware Products" at Eric Howes list:

       http://www.spywarewarrior.com/rogue_anti-spyware.htm
       "SpywareAvenger         spywareavenger.com
       idownload.com   no trial version locatable; company is known adware
       distributor (1); "strict no-refund policy"; advertises through adware (1);
       "negative option" coupled w/ outrageous pricing  [A: 9-22-04 / U:
       12-28-04]"
       http://www.kephyr.com/spywarescanner/library/isearch/index.phtml
       http://www.sysinfo.org/startuplist.php?filter=isearch

       http://www.infopackets.com/gazette/20040420.htm
       Title: Remove / Uninstall iSearch toolbar?
       Excerpt:

       "Although  many would disagree, the iSearch web site claims that their
       toolbar is not Spyware because it "in no way tracks you or the web sites
       that you visit." (Source: iSearch.com FAQ).  Instead, iSearch intrudes on
       your browsing sessions by invoking ad-related activity and reportedly
       blocks access to  certain web sites.”

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