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Cease and Desist letter to CC and our response
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Robin

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Joined: Oct 15, 2003
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PostPosted: Wed Feb 23, 2005 2:53 pm    Post subject: Cease and Desist letter to CC and our response
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Some of you may have noticed the front page news over the last few days has been more legal then technical. CastleCops has been served with a cease and desist by the counsel for iDownload. Last night we responded to them. CastleCops Link/article-5765-nested-0-0.html

We believe in what we do here, and we believe that you as consumers have the right to choose what is or isn't installed on your computer, we are not the only ones who have gotten this kind of letter recently. Since we do believe those things we are not going to delist iDownload or iSearch. We wanted to give the public an opportunity to talk about this.

This is your chance to send a clear message to the creators of applications like this. Let your voices be heard!

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Mere_Mortal

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PostPosted: Wed Feb 23, 2005 3:32 pm    Post subject:
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Many thanks for the information, Robin Thumbs Up

Funny isn't it?...they say that their product has no relevance to any conception of "spyware". So, in that sense they should be against such. Given that, they should understand the principals in which CC and it's members/staff deal with "spyware", rather than threatening legal action.

Of course, that just isn't the case at all. Let's compromise...their products are "scumware" Exclamation

"Bube". Say no more.

[EDIT] - Okay, a change of tone...I personally regard "Software" as a Trojan. This of course is my own personal point of view.


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Last edited by Mere_Mortal on Thu Feb 24, 2005 2:58 am, edited 1 time in total
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Ikeb

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PostPosted: Wed Feb 23, 2005 3:50 pm    Post subject:
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Robin, it's a complicated world we live in. We all demand free speech. On the other hand I'm sure you wouldn't want lies and indueno to be allowed either. So our modern societies have come up with these wonderful legal mechanisms to protect us against abuse, including any of free speech, and now someone has to pay for the lawyers. That's the philosophical perspective.

Now the pragmatic view. iDownLoad can threaten financial ruin to CCSP, and thereby you personally, just by having deeper pockets and thus outlasting you in the courts. You're putting yourselves in harms way by standing up to them. It seems to me that a show of support in the way of pledges to a legal fund, pooling resources with others who may be similarily threatened with legal action, and/or pro bono legal counsel would be in order. If iDownload can be made to understand that they can't outlast you and thus would be saddled with legal costs, they will just slink away.

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wawadave

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PostPosted: Wed Feb 23, 2005 3:59 pm    Post subject:
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these scumware purveyors must be part of the russian mob or some other low loathsome org like that. to put there foisted wares onto peoples computers than complain legally that there being called spyware!!well sweat Jesus allmighty you perpetrators of spyware are going one freaking step too too far!!!
i ask all who get help removing scumware like the crap they foist please donate to the site to help fight the scumware purveyors!!!
this is a disgrace to the American people that a legal system could be used by the mafia type companies to do this!! contact a government representative near you and complain so loud that these types end behind bars!!


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Blast

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PostPosted: Wed Feb 23, 2005 4:21 pm    Post subject:
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Well they certainly know how to shoot themselves in the foot don't they?

Here they are putting all the attention onto their product and in all the forums, articles, comments etc, I have yet to see someone come out and say its a great product (actually, I haven't found any that even come close to mentioning positive things)

Given the seriousness of the threats, we should laugh. I can now see so many people going out and installing this product as a matter of course due to this attempt at going legal

They also seem to forget that they are up against many thousands of individuals and short of taking every one of them to court, will be hard pressed to stop this flood of bad PR they are receiving.

The very least that anyone can do is mention this on any and every web forum and make it be known by linking to other examples and articles about this.

They may feel that attacking a few major sites will stop any further damage but I feel that the idea is to rally support and the more forums it is talked about the less grounds they will have for a win

As I have already said... you may be able to stop an invasion of an army but you can't stop the invasion of an idea.... iDownload put our attention on it, lets show them that the idea is NOT going to go away... Any scumbag that puts 3rd party applications onto unsuspecting people's computers will be talked about in a derogatory fashion


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Last edited by Blast on Wed Feb 23, 2005 4:22 pm, edited 1 time in total
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LilBambi

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PostPosted: Wed Feb 23, 2005 4:21 pm    Post subject:
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Way to go Robin!

After what happened with Spybot S&D, PC Pitstop, and later Ad-Aware, and now this against you, Spyware Warrior and obviously others, I sent an email to the President, First Lady, my Congressman, and other lead Virginians, as well as any one from any form of media outlets I could think of about this horrible mess.

These companies need to realize that we, as consumers and potential victims, of these pieces of crap 'software' they try to foist on us are no longer going to sit down for this any longer.


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Mere_Mortal

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PostPosted: Wed Feb 23, 2005 4:29 pm    Post subject:
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May I bring to the attention of the entire Anti-Malware Community, my purposely set-up Petition:

http://www.petitiononline.com/mm24Feb5/petition.html

Please make your voices known and be heard!

In addition, please pass around this link Thumbs Up



Last edited by Mere_Mortal on Thu Feb 24, 2005 12:05 am, edited 3 times in total
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Mere_Mortal

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PostPosted: Wed Feb 23, 2005 4:33 pm    Post subject:
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Haha, spot the typo Wink

[EDIT] No typo any more Very Happy


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Last edited by Mere_Mortal on Thu Feb 24, 2005 12:06 am, edited 1 time in total
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TakeBK

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PostPosted: Wed Feb 23, 2005 4:42 pm    Post subject:
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Mere_Mortal wrote:
May I bring to the attention of the entire Anti-Malware Community, my purposely set-up Petition:

http://www.petitiononline.com/mm23Feb4/petition.html

Please make you voices known and be heard!



Yaaaaa Was the first to sign it.


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Did you see that?I know you did, don't lie!!!!!
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Mere_Mortal

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PostPosted: Wed Feb 23, 2005 4:44 pm    Post subject:
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Heh...nice one Wink I'd sign it myself, but I think I made myself clear enough roll eyes


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wawadave

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PostPosted: Wed Feb 23, 2005 5:48 pm    Post subject:
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Quote:
Heh...nice one Wink I'd sign it myself, but I think I made myself clear enough


some thing is wrong when the starter of a petition won,t sign it them selfs!!!
collecting name for the spyware pervader camp maybe???


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Robin

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Joined: Oct 15, 2003
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PostPosted: Wed Feb 23, 2005 5:52 pm    Post subject:
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Thanks everyone,

Yes we are putting ourselves in harms way so to speak, but this to us is an ethical issue. We want other sites that are being targetted like this to know they aren't alone, they don't have to stand by themselves against a bully. Paul and I are both fighters, it's been that way for as long as I can remember. We want to do this, knowing what kind of financial impact it could have, even with the baby due in only a few weeks, we have resolved to do it, because it is time to take a stand against these tactics. It's been done one to many times. It hurts not only a single site it hurts the entire community and the public.

We believe in this site, and what we are doing here, as do the rest of the volunteers that come here day after day and put in time they could be spending elsewhere. We believe that given the opportunity others who are being threatened like this will stand up and say no, like Suzi at Spywarewarrior has. It's easier to stand up to a bully if you know you aren't standing there alone. We believe it is time. They don't go after big vendors like Symantec or Panda that have them listed, they go after the mom and pop shop that is run by donations, because they assume (incorrectly) that we will cave in to their demands. As far as Paul and I are concerned there is no compromise on this, if they want the way they are listed to be changed, then they need to change the way they do business. If it means that we go down, then we go down fighting standing up for what we believe in, and for what we believe is best for the community and the public in general.

I find it interesting that with us they are concerned over the term spyware, yet with Suzi they are concerned over the term malware... can you make up your mind please?

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nfntjy

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PostPosted: Wed Feb 23, 2005 6:12 pm    Post subject:
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upon finishing running the uninstall program provided by idownload, the following popped up on my computer screen

DESKTOP IMAGE

i have emailed idownload about misleading advertising practicies, and if i dont receive a response, will complain to the BBB.


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Mere_Mortal

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PostPosted: Wed Feb 23, 2005 6:47 pm    Post subject:
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Dave...I have signed it by creating it. And I have no regards for the names or contact information that is supplied...both are of no use to me. Besides, malpractice of such sorts is contradictive of both my philosophies and my virtues. I am a pacifist and believe in the Good Will of this World, and that it will prevail.

Robin...your words are a credit to the Vision of your site. That said, one thing that is most important is your health. A fighter you may be, but the next few weeks could be the most important of your life, so do take things easy Wink


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Robin

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PostPosted: Wed Feb 23, 2005 7:26 pm    Post subject:
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Mere_Mortal wrote:
Robin...your words are a credit to the Vision of your site. That said, one thing that is most important is your health. A fighter you may be, but the next few weeks could be the most important of your life, so do take things easy Wink


No worries there Very Happy Paul and I take good care of each other.

Slashdot picked up the story http://yro.slashdot.org/yro/05/02/23/1830243.shtml?tid=158&tid=17

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