Spyware Maker Sues Detection Firm

Luigi30 writes "ZDnet reports that RetroCoder, makers of the SpyMon remote monitoring program, are suing Sunbelt Software, makers of ConterSpy, a spyware detector program, for detecting the SpyMon as spyware. According to the EULA, SpyMon can not be used in 'anti-spyware research,' and detecting it is therefore a violation of it. 'In order to add our product to their list, they must have downloaded it and then examined it. These actions are forbidden by the notice,' a RetroCoder spokesperson said."

i hate spyware....but..

[atarione]

their EULA is GENIUS>.... evil evil genius.

The answer...

[Anonymous Coward]

...is for the detection firm to add a section to their EULA that forbids anti-anti-spyware research!

I can see it now...

[bravehamster]

So, the next virus I get on my computer will have embedded in it's source code: "By reading this source code, you agree that W32.SonyRootKit.C will not be added to any antivirus definition lists or be recognized by any heuristics."

I can just see the coder in his dimly lit basement cackling while rubbing his hands in glee: "I have you now Norton!"

Re:If it looks like a duck and sounds like a duck.

[Anonymous Coward]

Or in this case:

If it looks like dick, and sounds like a dick, then it must be a dick.

Re:Does it work against FBI agents too?

[Anonymous Coward]

Hehe. It used to be the same on the pirate BBS scene before the internet ISPs really took off -- you would dial a board and be met by a message that said something like "If you are a member of the police, customs or any anti-piracy agency you are forbidden from accessing this system".

I suspect that few of these sysops went on to become criminal masterminds or lords of the underworld -- I can just imagine their crack houses now -- "NO DRUG OFFICERS ALLOWED, BY ORDER OF THE MANAGEMENT"

Other great EULA small print

[Anonymous Coward]

Section 6783.

You agree that in using this Software, You give Us the right to your first born child.

Section 6784.

You agree that in using this Software, you will never hit the "g" key on your keyboard between 4:50AM and 3:15PM. This clause will survive termination of the Agreement.

Section 6785.

You will never call the Software a Piece Of Shit in public or in private.

Unenforceble I'd Say

[amelith]

What's next? Passing a note to a bank teller "By reading this note you have agreed to let me rob your bank and not press the alarm button"?

EULAs are becoming increasingly cluttered with unenforceable and in cases downright silly things. With any luck a few frivolous lawsuits might see some of them struck down.

Ame

Virus creator sues McAffee for USD 200$ Mio

[lightweave]

++++ fake ticker ++++ Johnny Bash, famous for writing applications like WORM32 and Trojan.Hoax, has today filed a lawsuit against McAffee. His complaint is that the EULA for this applications specifically forbids the reverse engineering or analyzing of the code for anti-virus companies. He says that by downloading and installing his latestes achievment, McAffee implicitly agreed to the conditions and thus violated the EULA by including the anti-virus measures in their latest software.

Re:My god

[Anonymous Coward]

"We are allowed to seal your credit card numbers, tap your bank account, divert funds and use your idenity. You are prohibited from do anything about it because you clicked "I Accept" to our EULA, says a spokesman for SpyMon..."

Well, it didn't say that in TFA exactly, but it's a close approximation.

PLEASE THINK AND/OR RTFA BEFORE YOU POST

[Anonymous Coward]

Hey, dumb fuck! The company is British. They are filing suit in the US only because the "perpetrators" are based there. So if we were going to draw dumb-ass generalizations, we'd call the British sue-happy and the US spyware-hostile.

Re:My god

[OrangeTide]

Ah. the popular "Bend Over" EULA.

So much fun

[pepeperes]

U.S. lawsuits are merrier and merrier all the time! Very few surrealist artists had as much imagination as some lawyers do!

Re:If it looks like a duck and sounds like a duck.

[Anonymous Coward]

But if it weighs the same as a duck, it must be a witch.

Re:My god

[AnonymousBystander]

Ah.. the popular soviet russia joke...
spywares sue YOU now becomes reality

Next, write this on your T-shirt
"By looking at me, you agree to ...

EULA's -- Does anyone read these?

[therealplagel]

Who reads these? If you don't agree do you actually not install and/or use this program? Someone could add a "This will blow up" warning, a la Inspector Gadget and I would have no idea what hit me. I'm probably the only one..

Message for SpyMon developers

[50m31sl4sh.]

By reading this post, you agree to pay me $1,000,000.

And tomorrow we shall see...

[kormat]

virii with EULAs stating that anti-virus companies are not allowed to dissect them.

Sony

[Anonymous Coward]

Sony could learn from these guys! :P

Re:If it looks like a duck and sounds like a duck.

[springbox]

Nope. Sorry. Your attempt at classification of this duck is in violation of the Duck EULA for passive observers.

Re:how about this EULA

[indifferent children]

Scott Adams did it better. Dilbert didn't read the EULA which stated that by installing pkg X, he was agreeing to become Bill Gates' towel-boy.

Re:My god

[Sirch]

Am I the only one who finds the words 'gynaecologists' and 'adhesion' in the same sentence mildly disturbing, yet strangely erotic?

Yes? Alright, I'll get my coat...

Re:Asshole is right. Look at this...

[AntEater]

Was I the only one who saw this subject line and though goatse.... ?? I must admit, it made me flinch.