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Lawsuits or class action?


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#1 Maximum1

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Posted 19 May 2004 - 05:04 AM

It can often take days to irradicate one of these parasites and I'm still finding traces of Coolwebsearch months later. Now I am 3 days into my second browser hijack with
( c:/searchpage.html#1507 ). Perhaps these companies/parasites should be court ordered to pay for a computer tech (By The Hour) to repair my computer! The damage can be considerable. I've lost any & all sound, at one point my internet conectivity.

This latest hijacker has my Internet Explorer jumping up on startup, my home & search captive, and changes my registry right back inspite of running several homepage blocks, registry locks, spysweeper, adaware, norton, spybot etc...

If someone did this kind of damage to my car, my house, or any other personal property after a beat down there would certainly be other consequences as well. I can't use MY computer like this and if I have to mess with registries and more and my computer gets destroyed in the process of removing this burglar they should be made liable for damages. If someone showed up and started changing the landscape of your home around to the way they wanted it, or walked by your automobile & suddenly popped the hood and started working on it without your permission we'd flip out.

#2 matt1330

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Posted 19 May 2004 - 07:21 AM

All absolutely true. Only thing is that the source of your problem was more than likely outside the jurisdiction of US courts (or whatever nation you're in). It makes it almost impossible to do anything through the legal system. Even if you did find out where they are and get something done in that country, they would probably just move and start it up again.

#3 wawadave

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Posted 19 May 2004 - 01:37 PM

some of these scum-ware company's are in the the usa and a class action suite would be a route to go.
if a law firm could be found to take the case.
ianal :unsure:

Edited by wawadave, 19 May 2004 - 02:25 PM.

<b>MYTH!!!!
Putting quotes around posts does not protect you from copy right infringement.</b>
<img src="http://img54.photobu...r_wawadave.gif" border="0" alt="IPB Image" />

#4 breitel

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Posted 19 May 2004 - 10:37 PM

Here's a post I wrote a week ago or so on the old forum (read followup comments and the thread here: http://www.spywarein...owtopic=45607):

I am a trial lawyer at a large firm in the state of Arizona. I'm not particularly tech-savvy, but I am fairly knowledgeable and well-versed in how the law is evolving in response to Internet-based issues.

My computer has been hijacked by a number of different companies, and I am sick and tired of trying to figure out which anti-spyware software to buy, how to install it, who to call, etc., etc., etc. Instead, I am now considering invoking the power of our courts to deal with this problem once and for all, under the theory that when a private company uses deceptive technology to manipulate my personal computer, such conduct constitutes a trespass to chattels under Arizona law. (Don't be misled by the word "theory". This legal doctrine has been successfully used in cyberlaw cases over the past few years, as many of you already know).

A few weeks ago, I sent off a scathing cease-and-desist letter to the British company behind the infamous "lop.com" technology, and it actually worked: the company sent me specific instructions on how to purge its software from my computer. I just sent off another 2 cease-and-desist letters, but I don't know and frankly doubt that they will respond. I may have to actually file suit against the bastards.

Is there anyone out there interested in helping me doing this? I'm not making a federal case out of it. My intention is to file suit in one of our state's local justice courts, and demand damages of a couple thousand dollars only. They might be able to ignore emailed complaints and bad publicity, but they won't ignore a judgment against them of $5,000, I assure you.

If you live in Arizona and have been affected by the same defendants, we can even discuss the possibility of joining any action I file as a plaintiff.

Whaddya think, folks?



#5 ndndixie

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Posted 20 May 2004 - 06:48 AM

Personally, I've had it with these people and plan to launch a "adverise via spyware and you get listed" campaign to try and get major companies to stop participating. A suit would be awesome but I think if we hit them where the money flows, we might get action. In fact, I'll put off clients today in order to get a site up. I'm tired of my daughter's computer being hijacked with porn ads!

#6 breitel

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Posted 20 May 2004 - 08:33 PM

A class action suit just isn't feasible. These companies don't have enough assets to justify it for any law firm. And I AM hitting them where the money flows.

#7 Maximum1

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Posted 21 May 2004 - 12:58 AM

Matt1330 has a point & is probably right. Even should we squash one parasite they would just scurry like the cockroaches they are into Mexico or elswhere. Someone needs to come up with Reverse Hack Software, that infects the attacker with malicious code the second unathorized registry changes are made to MY computer! The Malicious Militia!

In deed, reversing the crap they are trying to infect my computer with times two. My atom bomb in exchange for their scud missle, crippeling their entire system. Sure they'd move on but if we all had the program they'd be dancing in a field of land mines. O.K. if I'm getting medievil here it's cuz I'm pretty ticked. All my browsers are wounded, (IE, Mozilla, Aol), my sound is gone, Nvidea casualties of war, and with limping browsers I can't do updates or downloads. My desktop is covered with every Spy program out there, demos/trials & full versions. Nortons' to worried about updating password manager & is napping on the job I guess. All the other spyware programs can delete the attackers registry changes etc...but none have located the source.

So unless someone is working on this software program I mentioned than lawsuits is about all we have. Link this crap to the American porn companies mostly responsible and sue the bejesus out of em! Shove their gambling porn right down their bloody neck stumps!

#8 breitel

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Posted 24 May 2004 - 02:21 AM

Many of the sources of these parasitic adware problems are established companies. They are not about to scurry off anywhere, any time soon. I've spent time doing whois searches and reviewing corporate records, and haven't found a single on of these companies located in a country where a judgment could not be enforced. One was in the UK, one in Canada, and two in the US (Texas and Arizona).

#9 simsfan

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Posted 24 May 2004 - 03:28 PM

If most of the adware or spyware companies are esablished companys, shouldn't they want to take responsbility of what their programs are doing? They should clean up their act, and stop installing junk on people's computers.

I don't want to install a program that has spyware on it, and I think nobody else has to. They shouldn't need to sneak stuff in just to get people to install their adware.

#10 ghost2003

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Posted 24 May 2004 - 09:26 PM

What I always wanted to know is do they really think people are going to buy stuff from them if they do this?! Personaly, I have many layers of protection against spyware and im not about to get crippled or even annoyed by it but not everyone knows how to protect themselves. Someone needs to do something about this and do it quick. We keep hearing about networks getting attacked and shutdown caus of hackers and viruses, why dont they get hit for once?

#11 breitel

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Posted 25 May 2004 - 09:03 AM

The problem is that their revenues come from the companies who think their ads are effective, and not from consumers directly.

#12 linc

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Posted 25 May 2004 - 01:06 PM

These companies are supposed to be intelligent, so why don't they put in a system to see how successful they are with these ads.

If they did, there's a possiblity they might find they're not. and stop using these companies.

I read somewhere that Gator oops sorry Claria I think it was, actually placed ads over their own clients.

Talk about greed.

#13 Muriel

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Posted 25 May 2004 - 01:16 PM

Most of the problems we deal with today still begin with those of us at the cash register, whether we wish to acknowledge that fact or not, though I agree with you in part concerning the issue of revenue from the ads. Increased revenue from the ads is the primary concern of those that write crapware to begin with. Damage done to computer systems is not a concern (gee, there's a news flash).

As far as "scurrying off," as mentioned earlier, remember that there are other businesses (as in "established" heath care providers) that reap what they can as far as profits go for as long a duration as they can, and then simply "re-establish" their company under another guise. As far as location, often, they don't even bother leaving town, much less the country.

Breitel, your intention of nailing them through the local justice courts sounds like an effective possibility. I lived in Arizona off and on for many years. Perhaps, you could team up with the AG's office for this?
Also, some of those companies contract out to smaller companies to write and handle the advertising arrangements for them, as a cover. You could also pursue action against companies (those worried about their integrity) that host those malicious ads (some aren't even aware of it, at first--Yahoo's UK site was taken over by a malicious ad for Napster the other night, which may have been fixed by now).
There's also the servers that provide some of these self-serving companies their access to their web business. A notification of their "assistance" in these immoral, yet presently legal(technically speaking) acts might help cripple these companies in some way. Maybe these ideas are possibilities?

As for your idea Max 1, I know you're angry. We all are, otherwise we wouldn't be here trying to do something about it. Even though we'd all love someone to drop a massive Bit-Bomb on the turds that write this crapware to begin with, to do so wouldn't make us any different than them (ah, such a cliche).
Much as it might grate, defending ourselves against them with the tools provided here and elsewhere, and pursuing some sort of legal action, is probably the best method.
I just remembered something Mike mentioned on the main page about checking with Congress about something similiar to this, I think. I'll check it out, and if helpful, add a link to it here.

#14 Muriel

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Posted 25 May 2004 - 01:26 PM

Yep, right on the main page,here .

Mike wrote: "I urge you to contact your US Senators and ask them to support the SPYBLOCK Act, S. 2145. This activity will never stop as long as it is perfectly legal to engage in it. "

Sounds like good advice to me!

#15 josh77

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Posted 02 December 2005 - 10:22 AM

Great idea! There has to be someone reading this that can write a program that would reverse the garbage sent. If you are out there, for the good of humanity, please write and share that program! If the companies that put out this garbage had to constantly replace their systems, maybe the hit in the bottom line would be too great to continue risk screwing with other people's property. It is time for reputable computer users to declare war. :grrr:




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