December 07, 2004
Till death due us part: Gator's new license agreement
I've read numerous licensing agreements but the new Gator EULA (End User License Agreement) certainly contains some unusual terms and conditions. I'm not an attorney and don't propose to present legal advice but I certainly have some questions about this document.
This post was inspired by the outstanding research done by Benjamin Edelman in his new article titled Gator's EULA Gone Bad. I've pulled a few key points from this article with my own questions and or thoughts:
1. Prohibition against automated removal tools
Nearly three thousand words into its license, Gator proclaims:
"You agree that you will not use, or encourage others to use, any unauthorized means for the removal of the GAIN AdServer, or any GAIN-Supported Software from a computer."
Gator proceeds to list the "authorized means" for removing Gator -- prominently failing to authorize use of popular tools, such as Ad-Aware, Spybot, and Web Sweeper, which millions of users count on to remove unwanted software from their PCs.
My thoughts: Gator can certainly insert any terms and or conditions they wish in their EULA. After all, they are giving away free software to millions of people. However, it's my computer and I think I have the right to use any legally licensed software I wish. Is this restraint of fair trade?
2. You can't use a packet sniffer
The EULA also says: "Any use of a packet sniffer or other device to intercept or access communications between GP and the GAIN AdServer is strictly prohibited."
My thoughts: Why is this clause necessary? It seems to me that if you conduct yourself in a moral and ethical manner you shouldn't be concerned about what a given packet sniffer may discover. You should embrace third party research on your application and exactly what it does.
It will certainly be interesting to see how the new Gator EULA is treated by the courts, if and when this occurs. Benjamin Edelman has much more data and insightful comments in his article titled: Gator's EULA Gone Bad.
Posted by Steve_S
November 29, 2004
Roboform: The Gator Alternative
The Gator eWallet is provided free by GAIN Publishing and is TheftWare. Hurling pops at your screen while you surf sites along with compramising your privacy.
A far better free solution is Roboform. Click here to read our review.
Posted by Steve_S
November 15, 2004
TheftWare - What Is It?
TheftWare has several definitions and implications depending on who you are. We urge you to tell your friends and associates about this issue and this page. These hijack technologies effect every site on the Web. Including the largest properties such as Yahoo, MSN, AOL, Google, and others. (This article was originally published in 2001)
A Story To Help You Understand The Issue
"Mom and Pop have a business... say a small hotel in central NY state. They rent a server. They buy the services of a web site designer to put together a site that talks about what a cozy hotel they are right next to all the skiing, etc. and encourage people to make reservations with them.
They pay money to looksmart, msn, yahoo, etc to get the link to their website, (their own on-line advertisement bought and paid for), linked with the appropriate directories.
Essentially they have bought and paid for an online advertisement just as they might buy a TV commercial, radio commercial, a yellow pages ad, an ad in a newspaper, a brochure, etc.
Along comes "Smart tags", "toptext", and other forms of software. They sell keywords like "hotel" and "skiing" to the top bidder.
They then give away their software so that mom and pop's bought and paid for advertisement now has the ability to take mom and pop's "paid for" traffic away from their bought and paid for "ad". Because now we can, with this wonderful software, (and without mom and pop's permission,) use mom and pop's own property to encourage people to stay at some other (the highest bidder's) hotel and ski some other place (the highest bidder's) that may not even be close to mom and pop's hotel.
Mom and Pop not only have their website "stolen" (that IS the term used when someone take's someone else's property without permission) but, what's worse...
THEY ARE PAYING TO HAVE IT STOLEN FROM THEM, BECAUSE THEY ARE NOW PAYING FOR THE HOSTING, DESIGN AND MARKETING OF AN AD THAT PROMOTES THEIR COMPETITION.
The content of their ad has been changed by an outside source using mom and pop's own "ad" (i.e Website) as the vehicle to move their own potential customers elsewhere.
There is absolutely no justification, legally, ethically or morally for this type of theft.
THAT is the issue with this sort of technology. THAT is the essence of the idea that needs to be communicated.
It does NOT matter if I have downloaded TOP TEXT as a matter of choice.
It does NOT MATTER that we have the technology to do this stuff.
Basically, If someone overwrote mom and pop's radio ad there would be lawsuit and damages. If someone overwrote mom and pop's TV commercial there would be lawsuit and damages. If someone did the same thing to mom and pop's yellowpages ad there would be lawsuits and damages.
I would suspect that if mom and pop were aware of it in these terms there will be some very large class action suits initiated and some very large damages paid by any and all companies using their technologies to subvert the advertising mom and pop paid for. I would also suggest that perhaps this may be the only way to stop this."
Bill Hall, CEO
VisitorsNetwork LLC
Publisher/Webmaster/Site Owners
Technology which defaces and alters the content of your Website for financial gain. These procedures do not obtain you're prior written consent, do not notify you of these actions, and do not share any of their revenue with you. In some cases they insert "Adult and or Gambling" links in your "PG" site which you would never permit. These actions compromises your visitor relationship and your reputation. Click here for resources to protect your site.
Merchants
Technology which steals your customers and dilutes your revenue. In some cases it may also alter your paid advertising on other sites. This technology does not obtain your prior written consent, does not notify you of these actions, and does not share any of the revenue with you. Click here for resources to protect your site.
Surfer/Consumer
Technology installed on your computer which lacks adequate disclosure and often is not easy to remove. This technology produces instability in your operating system and compromises your privacy. Your Web surfing is stealing money from other sites. I know with absolute certainty that a significant number of you have no knowledge of these actions. Click here to learn about resources which will remove these programs from your system using several different methods. Click here for instructions on removing eZula and TopText.
Posted by Steve_S
Contextual Advertising aka TheftWare
Contextual Advertising aka TheftWare and it's negative financial and moral implications is a very serious issue which effects all Merchants and Publishers. TheftWare technology used by KaZaA, eZula, Gator, and Surf+ must be eliminated. (This article was originally published in 2001)
Their will be others who will follow, but stopping all of these unscrupulous players will send a strong message to the other defacers and hijackers that we won't tolerate these actions. We must fight in a moral, ethical, and legal manner. Read our daily news and stay informed.
Our first targets are KaZaA, eZula, Gator, and any company and or individual which profits from this relationship with respect to their TopText technology and all similar technologies. These TheftWare products deface and alter the content of Websites (including Merchants) for financial gain. These procedures do not obtain the prior written consent of the Website owner, do not notify the Website owner of these actions, and do not share any of their revenue with the site owners. In some cases, they alter the contents of a PG site with Adult and or Gambling links which the owner of the site would never permit. We find all of these actions morally reprehensible.
What can I do?
Get off the couch and take the time to fully and completely understand this issue. It effects all Merchants as well as all Publishers. Don't believe me? Visit our StopScum Screen Captures Forum and carefully examine the images. A significant portion of both camps don't understand this issue. Both Publishers and Merchants must work together to defeat this issue. With over 7000 keywords for sale and TheftWare all around us, your site will (not may) be effected.
Start fighting today with effective solutions that produce immediate results and inflict financial damage. The issue will be litigated but that may take years and the enemy knows this. Tell your visitors, post screen captures, raise this issue on your favorite Forum, write and contact your local media, contact your host, lodge complaints with regulators and other third parties which may be associated or affected by this issue.
Do not engage in unethical and or illegal actions to advance the fight.
Posted by Steve_S