Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
adware, defamation, lawsuits, naming, spyware

Companies:
7search, mcafee



Yet Another Company Sues Over Being Called Adware

from the yet-again dept

We've seen a few such cases in the past -- and they usually end with a judge telling the suing company to shove off, but here we have yet another company upset that its being labeled as an adware/spyware provider. In this case, it's a company called 7Search, which is suing McAfee. 7Search is claiming that McAfee's warning about "downloads" from its site having been "credibly" called adware or spyware are false and defamatory because 7Search no longer offers software for download off its site (though it apparently did in the past).

As Eric Goldman notes in the link above, just bringing these types of lawsuits tends to backfire. As we noted above, they rarely, if ever, win, and simply filing the lawsuit draws much more attention to the company -- often including reports from users about why they do think the software in question is adware or spyware. In the meantime, if 7Search no longer offers downloads, then it's not clear what it's upset about either, since it's not like the McAfee warning is going to stop people from downloading its software -- since, apparently, there's no software to download.

9 Comments | Leave a Comment..

 
 

Reader Comments

(Flattened / Threaded)

    Aug 29th, 2008 @ 10:20am
  • No but...

    The McAfee warning is likely to discourage people from visiting *at all* and if the problem has gone away and McAfee won't fix the warning - what do you suggest they do?

    On the face of it it would seem to be defamatory - assuming they have attempted to work with McAfee first (big assumption).

    (reply to this comment) (link to this comment)

  • Aug 29th, 2008 @ 11:21am
  • Adware

    by Audie

    Hey, if you can't make money legitimately, sue your way to fortune.

    (reply to this comment) (link to this comment)

  • Aug 29th, 2008 @ 11:26am
  • unknown

    by temporary adjustment

    so they get McAfee to drop the warning so people go to their site that "doesn't have anything to download" and then months later they put the download back up, spyware included free of charge of course.

    (reply to this comment) (link to this comment)

  • Aug 29th, 2008 @ 11:30am
  • If It Starts

    by Bobbknight

    If It starts out as a gator. it's still a gator.
    Outfits like this never become beneficent.

    (reply to this comment) (link to this comment)

  • Aug 29th, 2008 @ 12:17pm
  • Thanks for the heads-up, Ms. Streisand

    by Yakko Warner

    *adds 7Search to list of blocked domains*

    (reply to this comment) (link to this comment)

  • Aug 29th, 2008 @ 2:03pm
  • Downloads, spyware and speculation

    If there were a means to identify users among friendly servers (something perhaps like an IP address)

    If through forms, validation by IPs, cookies left on the computer (for any amount of time), a profile could be approached

    It could actually be tested by continuing to track while trying to predict. At the point you can predict, you know the wants of the prospective user.

    Better than all that, where (as Aasimov I think was the first to point out, although I won't swear to it)

    oh where does the morality lie?
    --Glenn

    (reply to this comment) (link to this comment)

  • Aug 29th, 2008 @ 4:26pm
  • Crapware

    If i was McAfee I'd stop calling it adware -- and call it crapware instead.

    (reply to this comment) (link to this comment)

  • Aug 30th, 2008 @ 8:13am
  • Adware

    by Bignumone

    Yet another company that thinks it has the right to put things on our computers with-out permission or telling us, and thinks it has the right to look at where we are surfing.

    I don't think so!

    (reply to this comment) (link to this comment)

  • Dec 8th, 2008 @ 5:36am
  • Mcafee

    by jack

    SiteAdvisor is really worthless - they allow every idiot to write whatever he wants and "review" products that are often great products.

    (reply to this comment) (link to this comment)

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