Deconstructing The Gator EULA
from the what-have-you-done-lately? dept
Gator has been working very hard lately to change their reputation as a spyware provider. From threatening those who call their software spyware to changing their name to run away from the spyware association they've been trying to present themselves as a consumer friendly company. However, there's what you say and what you do. Broadband Reports is pointing to Ben Edelman's deconstruction of Gator's EULA, where it seems pretty clear that the company isn't particularly consumer friendly. Among other things, they forbid you to use other software to remove the product. As Edelman points out, Claria/Gator always defends "user choice" in putting the application on their computer -- but they no longer support user choice when it comes to removing it. Also, for a 63 page license agreement, the company is particularly sneaky in explaining what they really do. That is, nowhere in the agreement do they mention that they will be dumping a ton of "pop up ads" on users' computers. The only mention of pop up ads concerns a survey from Gator.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Hypocrisy by Ben
I don't disagree that Claria has an extensive EULA. I also don't agree that pop-up advertisements can be annoying. But I also find it ridiculous that we make such a big deal about something that (1) requests consent at install regardless of it's length (2) includes an entry in add/remove programs (3) provides attribution in its pop-ups.
My biggest problems related to this crusade is the hypocrisy and unique standards Claria is held to. Why not attack AOL for their practices? They deliver unattributed pop ups if you use their IM client (see their TravelZoo ads), they bundle Viewpoint so they can deliver more sophisticated advertisements (find me that consent and EULA), they take enormous ad buys from Freeze.com and others who proliferate the distribution of adware products, they even use Claria as a method to promote their services (see their press release today about their video search services). I can create a similar story about Yahoo or Real Networks.
The Internet is full of agressive activity associated with Internet advertising. Everyone has their hand in these advertising methods. Let's stop being hypocritical and self-righteous about what is right and wrong and take responsibility for our own actions. If you lack the patience or intelligence to understand Claria's process or how to uninstall it, then you shouldn't be operating a computer.
I'm tired of the whining about Claria (and WhenU and 180 Solutions) when your real complaint is the Internet as a whole and its attempts to deliver advertising. It seems like you seek an overly utopian pipe dream to me (although I clearly know why you do it).
The World has bigger problems than Claria and other legitimate adware companies.
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Re: Hypocrisy by Ben
As far as I can tell, your argument is that others are worse than Claria, so we shouldn't worry to much about them. That seems silly. You claim that Claria requests consent, when a large part of the problem is that many people seem to find themselves stuck with Gator without realizing it (making you question what kind of consent is necessary...). You say it has an add/remove, when many people have found that's not the case.
As I've said many times over, I have no problem with adware as long as the user knows exactly what it is he or she is installing and has an easy way to opt out. So far, Claria isn't at that stage yet.
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Re: Hypocrisy by Ben
You certainly seem to have studied him. What is your relation? Target?
"I also don't agree that pop-up advertisements can be annoying."
Of course you don't.
"Why not attack AOL for their practices?"
Go ahead.
"Everyone has their hand in these advertising methods."
Blatantly false. I personally know many people who don't.
"If you lack the patience or intelligence to understand Claria's process or how to uninstall it, then you shouldn't be operating a computer."
What a load. People shouldn't need to know a thing about Claria to use a computer. They souldn't need to be lawyers either.
"I'm tired of the whining about Claria (and WhenU and 180 Solutions) when your real complaint is the Internet as a whole and its attempts to deliver advertising."
Don't you wish.
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Re: Hypocrisy by Ben
Send me your home address, KCT - i wanna beat the cr*p out of you.
With love, of course.
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have some private boyfriend and girlfriend time
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Re: Hypocrisy by Ben
Really? Well I'm tired of companies like Claria lying about their products in their attempt to make money off my time and computer resources.
I'm tired of hearing astroturfers like yourself saying: "(2) includes an entry in add/remove programs" so its cool...when in fact it gets proven OVER and over again that Claria (and OTHERS, they AREN'T held to a "unique standard") does NOT uninstall but leaves the spyware bits running in stealth so that no one BUT either a knowledgeable IT person OR a special app can remove them.
So you know what? Yes, the world has bigger problems, but until we cure cancer, find world peace, eradicate starvation does NOT mean I have to put up with unscrupulous companies like Claria
Claria = Gator = Spyware. Period.
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Claria Has No Add/Remove Entry
My article couldn't be more clear on this point:
As to the bulk of the rest of KCT's message: I don't care to let this forum be distracted from substance to personal attacks.
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Re: Claria Has No Add/Remove Entry
(Saw your video of the spyware hell from one website as well. Keep up the good work!)
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Re: Claria Has No Add/Remove Entry
I just completed a malware (5 hours) purging on a friend's PC. I can say with certainty now that the 27 (yes, twenty seven) programs that had installed themselves had all anchored from a Kazaa install. Claria (of course) was among them, along with Coolwebsearch, 180 solutions, HotBar, etc.
There's one particularly annoying trick with Kazaa, where it hijacks your Task Manager so you can't shut down Kazaa. Also, there's a popup (seems triggered by the word "diet" in a webpage) that waits three seconds once it's the "forward" window, then moves around the screen for a few seconds while you chase the red "X" with your mouse.
Gator/Claria is spyware, spyware, SPYWARE.
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Re: Claria Has No Add/Remove Entry
I've sent the url to about a dozen compatriots in the IT field who hate spyware more than....well, they hate it a lot.
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Re: Claria Has No Add/Remove Entry
Anyone who combats the proliferation of those who want to take over the control of my computer has my wholehearted support.
I have has a computer since the old 8088 processor but am by no means an expert in any part of its operation nor the software it runs.
If I didn't need third party spy/adware removal programs on my computer then they would not be their nor would I take the trouble to learn how to use them if they weren't necessary. They have helped me to deal with many of the problems you have mentioned.
Thank you and keep after them.
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Re: Hypocrisy by Ben
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Re: Hypocrisy by Ben
If the latter, he's skilled. The former, well he's a moron.
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Re: Hypocrisy by Ben
'The World has bigger problems than Claria and other legitimate adware companies.'
ya, people like you.
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EULA
I also seem to be in troubled waters running my software firewall which sniffs the traffic being sent/received and presents it to me before letting me decide whether to let the connection proceed or not....
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Try EULA Analyzer Tool
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