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[IP] Genuine Advantage lawsuit





Begin forwarded message:

From: "Aleecia M. McDonald" <aleecia@xxxxxxxxxxx>
Date: June 29, 2006 11:31:55 AM EDT
To: David Farber <dave@xxxxxxxxxx>
Subject: Genuine Advantage lawsuit

For IP if you wish.

A suit filed in Seattle court claims that Genuine Advantage is spyware, and denied users the ability to make informed consent. Note the carefully phrased denial from Microsoft:

"Spyware is deceptive software that is installed on a user's computer without the user's consent and has some malicious purpose,"

I've looked at a lot of definitions of spyware, and "some malicious purpose" is an interesting addition.

Lauren Weinstein appears to believe that consent is not at issue, but rather the degree of damage:

"It doesn't seem to me that this particular incident rises anywhere near the kind of damage that is normally associated with spyware," said Lauren Weinstein, co-founder of People for Internet Responsibility. "That's not to say that Microsoft should have done it the way they did. ... But that doesn't necessarily make it illegal." [ellipses in original text]

Full article: http://seattlepi.nwsource.com/business/ 275780_msftsuit29.html?source=mypi

One of my concerns is that, politically, it is difficult to pass Federal legislation that bans Microsoft's standard business practices. It's been hard enough to approach a working definition of spyware (see the good work of CDT's Anti-Spyware Coalition.) Codifying what is, or isn't, spyware just got a whole lot more difficult.

        Aleecia


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