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Nice blog post on the parasitic software hosting sites bundling junkware

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mouser:
i'm wondering if, rather than a legal solution, i couldn't add code to the installer to make it hard to bundle in this way -- make the installer detect if one of these adware wrappers have launched it, and instead of installing, throw up a big warning and refuse to install.

40hz:
Putt out all the bug guns. Copyright like you were saying, Comp Abuse Act, and others.
-TaoPhoenix (April 01, 2014, 09:04 AM)
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You just need to careful not to throw everything you can think of at them  to see what sticks. Because that damages your credibility and can also cause legal problems for you down the road. It's also the sign of a legal amateur. And attorneys - especially those of of the scheister variety - are wise to it. In the USA it's generally considered inadvisable to threaten legal action unless you're actually prepared to take it. Otherwise it throws you open to getting hit with a counter-suit from them for attempting to harass or intimidate. And since these guys have attorneys on payroll (and you probably don't) you'll want to avoid getting lawyers involved on either side if at all possible.

So I wouldn't recommend trying to call their bluff or scare them. You won't. And if they're a real sleazy operation, you definitely won't be the first that tried.

I think it's better (at least initially) to enlist a champion in the form of an ISP or a Google. These folks will generally cooperate with a DMCA takedown request regardless of the merits - as has been demonstrated by the number of times a DMCA takedown notice gets abused.

But again - DMCA only applies to copyrighted material. That generally means literature or media. Computer code itself is still up for debate - and the legal decisions made on that issue have been fairly capricious and arbitrary. Bundling an essay or an instructional video - with a registered copyright - sidesteps software licensing issues and their enforceability. Because copyright is a part of public law - and enforceable (in theory) by the state rather than by individuals as it would be under tort law.

But again, I'm no attorney either - so it's important to seek out the 'real deal' and get some solid advice. ;)

40hz:
i'm wondering if, rather than a legal solution, i couldn't add code to the installer to make it hard to bundle in this way -- make the installer detect if one of these adware wrappers have launched it, and instead of installing, throw up a big warning and refuse to install.
-mouser (April 01, 2014, 09:24 AM)
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That's asking to play whack-a-mole in my opinion.* But I'm no coder so I don't know how difficult something like that would be to write. Or defeat...

I suppose it couldn't hurt to try.


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*as in: This is a people problem - not a technical problem.

phitsc:
i'm wondering if, rather than a legal solution, i couldn't add code to the installer to make it hard to bundle in this way -- make the installer detect if one of these adware wrappers have launched it, and instead of installing, throw up a big warning and refuse to install.
-mouser (April 01, 2014, 09:24 AM)
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For the respective user that would be too late though as once your installer runs, all the crap has already been installed.

Edit: Well, I guess you assume that if you do this your SW wouldn't be wrapped like this in the first place.

40hz:
i'm wondering if, rather than a legal solution, i couldn't add code to the installer to make it hard to bundle in this way -- make the installer detect if one of these adware wrappers have launched it, and instead of installing, throw up a big warning and refuse to install.
-mouser (April 01, 2014, 09:24 AM)
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For the respective user that would be too late though as once your installer runs, all the crap has already been installed.
-phitsc (April 01, 2014, 09:48 AM)
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Bingo! :Thmbsup:

Good catch phitsc! ;D

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