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General Public Realizes KaZaa is Spyware 411

blankmange writes "CNet is reporting the slow dawning of the general public to KaZaa and spyware. "Virginia Watson unwittingly authorized a company she'd never heard of to install software that would help turn her computer into part of a brand-new network. The software, from Brilliant Digital Entertainment, came with the popular Kazaa file-swapping program. But the 65-year-old Massachusetts resident--who has a law degree--didn't read Kazaa's 2,644-word "terms of service" contract, which stated that Brilliant might tap the "unused computing power and storage space" of Watson's computer. " " Fortunately the helpful graph in the article compares the complexity of IRS tax forms with Brilliant's terms of use... guess which one is harder to read?
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General Public Realizes KaZaa is Spyware

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  • service agreements? (Score:4, Interesting)

    by dryueh ( 531302 ) on Thursday April 18, 2002 @09:03AM (#3364604)
    "The question is not whether people read and understand (terms-of-service agreements)--of course they don't--but whether they can be enforced," said Cern Kaner, an attorney specializing in software legislation who teaches computer science at the Florida Institute of Technology. "I don't think that companies should have the right to spy on you without your actual permission, but I think it will be hard...to prosecute companies who do engage in this type of practice if you have actually clicked on an agreement that gives them permission."

    I'm wondering if anyone DOES know the legal implications of those service agreements. When those long agreements pop-up before installation, not only does no one read them, but you agree to the thing by clicking on either 'yes' or 'no' buttons....is a yes/no button a legally binding clause? They do not, at any point, get your signature nor is the agree monitored by anything other than the installation program itself (i'm assuming, anyway).

    I don't know...I'm curious..thoughts?

  • Agreements (Score:2, Interesting)

    by itsnotme ( 20905 ) on Thursday April 18, 2002 @09:03AM (#3364606) Homepage
    Heck.. I like having the GPL or the PGPL and whatnot since its a standarized agreement and once you've read it once you dont really have to read it again because its the same agreement over again so its easier to think about whether you want to use it or not.. but the terms of service agreeements and whatnot are different that there's really not a standard.. and yet thats probably why almost nobody reads 'em.. here's a direct quote from the article:

    Although people regularly click on such agreements, few scroll through the verbiage. In a survey last month of 155 adults by Richardson, Texas-based consulting firm Privacy Council, 76 percent of respondents said they were "concerned" about having their privacy violated on the Internet. Only 22 percent admitted to reading privacy policies. Among respondents ages 18 to 25--a core constituency for file-swapping software--only 8 percent read the policy.


    Only 22% admitted to reading it! gee I wonder why.. that 10 page terms of use policy in windows 2000 was so frickng long and complicated that once you get past the 2nd page you just hit the pg-down button and hit the F8 to confirm afterwards after taking advil to try to forget that you even read it in the first place!

    Maybe they should do what newspapers do and dumb it down a bit so that it'd be shorter and a easier read then more people would be better informed..
  • by anonymouZ coward ( 572542 ) on Thursday April 18, 2002 @09:04AM (#3364611)
    When you lease a car, you don't own it. The lease company does. They can do whatever they want to with the vehicle as long as they disclose that up front. If you sign the lease without reading the fine print, that's your fault. Now granted, I think software companies are trying to snowball consumers by throwing multi page EULA's at them and burying the scary stuff. All the more reason to only use GPL software. I'm afraid to even boot my Winblows box without running Adaware right away.
  • by wackybrit ( 321117 ) on Thursday April 18, 2002 @09:05AM (#3364618) Homepage Journal
    I don't see the big deal here. Software tries to get onto your computer all the time. What about Macromedia Flash? That'll install within the browser. Or how about those lame Comet Cursors? Ditto. Do I want either? No.

    It happens in the real world too. When you buy something at Circuit City, they'll ask you if you want this 'cover plan' or that 'insurance' blah blah.. and after standing in a lot of lines, I've noticed that people generally agree to these things without understanding what they are!

    Once I stook behind a guy who agreed to everything, signed all the papers, and then the sales guy said.. okay, that's an extra $45 please. The customer didn't realize what was going on and said 'No thanks' and left.. after holding everyone up in the line for 5 minutes filling all the forms out!

    So I don't really see a problem here. It's a form of idiot tax. It's harder to avoid all of the pitfalls today, but hey.. you gotta remain vigilent at all times.
  • In other news... (Score:1, Interesting)

    by ediron2 ( 246908 ) on Thursday April 18, 2002 @09:06AM (#3364620) Journal
    In related news, the internet is more than AOL and spam is bad. Our human interest story tonight is on how gullible people become when surfing the net and reading email.

    Why is it everyone calls us for technical questions but nobody has sense enough to trust us when we hit transitional topics like these. It's like the AMA being ignored on addiction and unsafe sex issues.

    Oh, yeah, I remember: because we don't spend any money lobbying, we're inscrutible and we have some rather extreme views.
  • by The_Pey ( 532136 ) on Thursday April 18, 2002 @09:07AM (#3364625)
    The other interesting case is where use of the software implies acknowledgement of and binds you to the service agreement. This case is one that happens without actually clicking on the "Yes / No" buttons. How legally binding is this?
  • by angst7 ( 62954 ) on Thursday April 18, 2002 @09:07AM (#3364626) Homepage
    I've been using these file sharing programs for severel years now, beginning with Gnutella several years ago. Napster never held much appeal for me, and I've tried Audio Galaxy and KaZaa, and liked both for different reasons.

    The problem with this embedded spyware is that is ultimately serves the RIAA's purpose of shutting these networks down. I simply refuse to use any variant of KaZaa or other file sharing software until I know someone who has installed it, used it for some time, and has had no instance of spy/piggy back ware.

    Ultimately I see this nonsense and the flood of bad press which will inevitably surround it making people wary of the use of any such software (as I am now).

    Pity really.

    ---
    Jedimom.com [jedimom.com], the not-so-fresh feeling.
  • by Sabalon ( 1684 ) on Thursday April 18, 2002 @09:08AM (#3364634)
    He got a new computer, got all excited about Morpheus and then they switched. Since then he hasn't been able to get anything to start downloading. So he was telling me he was going to install this Kaaza thing and try it, and asked me if I'd heard of it.

    As I explained some of the functionality surplus to him, you could see his jaw just dropping and dropping.

    But I betcha he'll still install it - cause he loves the CD burner he has and how easy it is to burn MP3's-> CDDA.
  • by reaper20 ( 23396 ) on Thursday April 18, 2002 @09:08AM (#3364636) Homepage
    I care that this bde stuff is bringing w2k/xp machines down to a grinding halt in fugly ways.

    Ad-aware is getting used more and more in my toolkit. I sure wish Norton/Macafee/whoever would just go ahead and add crap like this into their AV software. This garbage is a "virus" in my book.
  • by Spankophile ( 78098 ) on Thursday April 18, 2002 @09:08AM (#3364637) Homepage
    It only goes to show that you should read everything before you sign it. This is similar to discovering on your car lease that the company reserves the right to use the car when you aren't.


    I've always wondered if the "click if you agree" thing is enough. I remember learning once in my highschool law class that when it came to contracts etc, both parties had to fully understand the extent of the wording - in order to protect people from "fine print" trickery.

    It would seem to me that these over-complicated EULAs are an attempt to either confuse users, or get them to click "Agree" without understanding the terms.

    If I "trick" you into signing something, you should still be legally protected. Granted of course that you can afford to take it to court.

    But that's what class action suits are for right?
    IADNAL (D==Definitely)
  • Tax forms.. (Score:1, Interesting)

    by Anonymous Coward on Thursday April 18, 2002 @09:10AM (#3364643)
    Come on.. IRS tax forms aren't that bad..
    Sure a lot of people have problems with them:
    a lot of people can't read bus time tables either.

    I honestly don't think the IRS are out to make things as difficult as possible..

    Now EULA:s on the other hand, are written in pure, unadulterated legalese,
    by lawyers for lawyers.
    You can't really expect your average Joe to read or fully understand those things..
  • by kvn299 ( 472563 ) on Thursday April 18, 2002 @09:11AM (#3364649)
    I'm so glad these guys are getting pounded for this. It's pretty amazing how many news outlets picked up on this story. Unfortunately, there are many many more situations like this that are overlooked.

    I really don't have a problem with companies adding extra programs into their software. The problem I have is 1) Not being told about it and 2) Not being given the option of opting out or not installing it.

    As far as I'm concerned, a license is not an appropriate place to inform the user of third party software coming along for the ride. Software should be very explicit during install exactly what's happening. That way, the user can either not install the program, or if allowed, not install that component. What's so hard about that?

    The fact that these companies try to hide this stuff shows they know the systems are a bit shady.

    Strangely enough, this happens with big-time commercial software as well. I was pretty p*ssed when Intuit's TurboTax installed Internet Explorer on my laptop without asking. It just told me, "Installing IE 5.5 now" with no cancel button. I had 5.0 installed and it was there for a reason. Oh, well.

    Hopefully, awareness of these practices will hurt companies who will entually find it beneficial to be up front with their customers!

  • by Saib0t ( 204692 ) <.gro.dum-airepseh. .ta. .tobias.> on Thursday April 18, 2002 @09:17AM (#3364681)
    I've always wondered if the "click if you agree" thing is enough. I remember learning once in my highschool law class that when it came to contracts etc, both parties had to fully understand the extent of the wording - in order to protect people from "fine print" trickery.

    This raises an interesting question in my mind. My mother tongue is french, I have enough technical knowledge of english to figure out what the menus of a program are and what the use of the program is. But I don't understand english legalese (nor french, for that matter). So would a court consider that they tricked me into clicking the I agree button by intentionaly obfuscating the agreement?

    You could of course complain that I should have clicked the "I don't agree" button then. But what in the case I give this software to my mother (who has no knowledge whatsoever of english), she tries installing the software and by trial and error, finds that the "I agree" button is the only one that installs the program. Can she still be considered tied by the "contract"?

  • msconfig (Score:5, Interesting)

    by The Ape With No Name ( 213531 ) on Thursday April 18, 2002 @09:19AM (#3364692) Homepage
    Part of my job is to configure students machines for use on a dorm network. Very often we get complaints about service ranging from no connectivity to slow performance. Of course the slowness can be directly attributed to P2P apps and their tendency to hog bandwidth, but Gator and its ilk are notorious in our circles as poorly written programs that not only do all the privacy violation, etc that they should be reviled for, they also have the unique ability to mung Winsock on machines running ME, 98 and 2000. The fix requires a young priest and old priest and a silver sword (read: edit the registry and rebuild the TCP/IP stack). So now when I get a machine with Gator, etc. I edit the system startup to shut it down. Invariably the performance of the machine and its network connectivity rebounds. I don't ask permission to do this as we are not removing the program, but simply preventing having the prolematic software do what it does -- start.
  • by dachshund ( 300733 ) on Thursday April 18, 2002 @09:19AM (#3364693)
    I fully support a system that requires all users to read the entire EULA, by monitoring their scroll bar usage and ensuring that they take a certain amount of time before hitting the "Accept" button. They could present the EULA one sentence at a time. Or perhaps they could even provide a little multiple-choice quiz at the end.

    If the company failed to take these actions and allowed the user to click through anyway, they could rest assured that their EULA would be unenforceable. That would certainly shorten EULAs fast.

  • by sh0rtie ( 455432 ) on Thursday April 18, 2002 @09:35AM (#3364779)

    I think the general concensus amonst us all is that spyware is bad, yet the only reliable (and free) solution seems to of been delegated to our friends at Lavasoft [lavasoft.de], while they are doing a *great* job, their project is unfortunatly closed source and therefore people/programmers cannot really contribute to its success (other than donate cash which is reccomended but not convienent to everyone)

    if people feel so strongly on this issue why hasen't anyone started an open source solution to this scurge so the talented programmers amongs us can improve the scanning and detection techniques ?

    at the moment the spyware companies only really have to make their product beat lavasofts Adaware and they are in business (at least til/if Adaware picks it up)

    sure spyware seems to be only targeted to Windows users but as other operating systems become more widespread it is only a matter of time before they spread to these alternative platforms too

    while closed source could be argued as a good thing (stop spycompanies seeing how it works) could they beat 100's of programmers all working to make the scanning engine more robust and secure, this obviously works in regards to computer security on *nix platforms as viruses are not more prominent than closed source platforms
    so would beating spyware benefit from these same techniques ?

    While i agree that these spyware programs should be regarded as viruses/trojans i think once you bring a commercial element into the equation you open yourselves up to attacks of perpetuating the products life/success (ie: rumours that virus detection companies create viruses)

    so would an open source spyware detection solution work ?

  • by Anonymous Coward on Thursday April 18, 2002 @09:43AM (#3364834)
    Just out of curiousity: Have you actually seen a lease agreement that states such a ridiculous claim? The reality, of course, is that when you lease something you do effectively own it during the lease period : You "own" the portion of the vehicle which is used during your lease period. The only difference between classic "ownership" and lease "ownership" (owning is a vague term anyways. Here in Canada technically the "Crown" [the government] actually owns everything, really, and we're all just maintainers) is the former gives you residual value, whereas the second is specifically architected to pay just enough to have no residual value.

    When I lease or own a car, I am responsible for all car maintenance outside of warranty service. When I rent a car I just bring it back and it's out of my hands. Totally different.

  • by Midnight Thunder ( 17205 ) on Thursday April 18, 2002 @10:01AM (#3364925) Homepage Journal
    I am starting to really believe that all software licenses should include a FAQ, so people don't have read the whole unreadable text of a software license. I know that many companies write software licenses to protect themselves, but more and more are also doing it to gain additional rights.

    Other ideas that come to mind are standardized liability levels to which you can associate a logo. Something like 'MC' = Mission Critical, we pay if it breaks, 'NL' = No liability, you assume all the risks, and probably other more fine grained categories? The idea is that a software purchaser should know where they stand when buying a piece of software, rather than having to resort to hiring a lawyer or screwing themselves royally because they don't have the time for the fine print.

    Just imagine having a license written on the wrapping paper of every present you get at christmas. I am not sure anyone would check what it had to say, since they just want to get to the goody inside - software is the same.

  • Re:msconfig (Score:3, Interesting)

    by The Ape With No Name ( 213531 ) on Thursday April 18, 2002 @10:25AM (#3365041) Homepage
    Delete tcp/ip from the network config and delete all the winsock keys from the registry as well as the dhcp keys. reboot. reinstall the tcp/ip in the network config. reboot. Worky.
  • by SloppyElvis ( 450156 ) on Thursday April 18, 2002 @10:47AM (#3365131)
    The article seems to want to make the distinction between spyware and adware, stating that adware has legitimate purposes, and that it informs users of its intent in a clear manner.

    As one example, they describe in brief the software Gator uses to obtain marketing demographic information about you:

    Does an uninvited guest keep knocking on your door saying, 'Hi! I'm here!'?" he asked rhetorically, describing Gator's multiple disclosures and the icon of alligator eyes that appears whenever the program is running. "No. We are invited guests on the desktop and even pop up a fourth modal screen saying, 'Your Gator software is here.' And since our e-wallet software helps users every day fill out forms, we constantly come back and have an ongoing relationship with our customers."

    Well, the other week I ran RegMon on my XP box (wait, RegMon uses system-level hooks, doesn't it? That might be against the XP EULA) Anyway, I monitored my registry access, and aside from seeing expected system activity, I noticed a number of references to www.gator.com, checking for the presense of various applications of my computer. I have never knowingly agreed to have gator software installed on my machine (though I may have clicked Agree in some agreement where it was buried in legal speak). It does not appear in the "Remove Software" control in XP. Further, despite what the above quote suggests, gator eyes do not appear in my taskbar, and I have not seen a single modal dialog telling me gator is looking through my registry.

    My guess is that gator was either bundled with my machine (Sony Vaio), or entered my machine piggy-backed onto another app that I did agree to install.

    The app that believe sold my info to gator is AudioGalaxy satellite, a file sharing app ala Kazaa.

    As an aside, I also noticed some registry activity from bundled virus software on my machine that I supposedly disabled; has hijacking my machine become an industry standard?

    The question is not if you're being watched; the question is who is watching you!
  • Spyware (Score:2, Interesting)

    by stud9920 ( 236753 ) on Thursday April 18, 2002 @10:56AM (#3365178)
    I think I have discovered yet another effect of cydoor. As you know, cydoor is installed with kazaa. Once some months ago, I noticed that IE6 and or OE6 crashed when I tried to use the keyboard under unknown conditions. I decided to reinstall windows XP without further looking. Some reinstalls later, I found what was responsible for the crashes : they occured ONLY when kazaa was running, and yet more often when kazaa was not running minimized. One month ago, I found a dummy dll to replace cydoor's cd_clint.dll but only returning dummy values, without spying on me. Since then, not once did IE6 or OE6 crash ever again. To me it is obvious that cydoor is trying to keylog on me, and gets blocked by either windoze XP, either by zonealarm. Do you have more info on the matter ? Isn't this perfectly illegal ? (I do netbanking from that computer). Hasn't the boss of cydoor been involved in creditcard fraud ?
  • Re:Kazaa Lite (Score:1, Interesting)

    by IgnorantKnucklehead ( 324494 ) on Thursday April 18, 2002 @11:12AM (#3365274) Homepage Journal
    While one person may find it a daunting task to look at the source and find malicious code in it with only one pair of eyes, many people reviewing/tweaking the same code are likely to stumble across the problem areas quickly.

    And what makes them more trustworthy? Absolutely nothing... Be paranoid... It's healthy... The whole world IS out to get you. :)

    But,I feel a whole lot better when source is available because I know that eventually someone who is experimenting with the code could uncover any nasty bits that are there and point them out to the rest of the community so we can check it for ourselves.

    All this spyware that has been circulating highlights the need for open source software. You have no idea what you're getting when you download a binary and neither does anyone else. Sometimes what you're getting is just a half step above a worm or a virus.

  • by Dragoness Eclectic ( 244826 ) on Thursday April 18, 2002 @11:23AM (#3365342)

    I wonder if anyone has reverse-engineered BDE's protocols yet? It would be a damn shame, wouldn't it, if their surreptiously installed thiefware should inadvertantly retrieve data containing a destructive worm as a payload, or if their computations were all skewed just enough to still be plausible, but uselessly wrong, or if the client on some computer that their server connected to wasn't quite the client they originally installed, and had unfortunate effects on said server....

    Eavesdroppers can't complain if what they hear is unflattering, and thieves can't complain if the stuff they stole is dangerous to them.

  • by ChaosDiscordSimple ( 41155 ) on Thursday April 18, 2002 @11:32AM (#3365396) Homepage
    I think the fact that Kazaa has 65 year old users is the real news here. Clearly file sharing has become mainstream if grandmothers are using it.

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