RSSAdware Company Sues Zone Labs
By Nate Mook | Published December 1, 2005, 1:35 PM
Adware software provider 180Solutions has filed suit against security company Zone Labs for what it claims are "false and misleading statements about 180's products" within the popular ZoneAlarm tool. ZoneAlarm alerts users to the existence of 180's Zango software, and says it may log keystrokes and track Web sites visited.
The lawsuit, filed in the Superior Court of King County, Washington, alleges that Zone Labs has caused "thousands of 180's customers to remove or otherwise uninstall Zango and/or 180SA. 180 has been damaged by the wrongful removal of its applications caused by ZoneLab's tortious conduct."
In addition, 180Solutions claims that, "misleading statements about 180's products that are contained in the ZoneAlarm product have caused certain content vendors to refuse to contract with 180, harming 180's business and subscribers."
"Because the Windows API Hook function can be used in connection with the monitoring of mouse movements and keyboard strokes, ZoneAlarm mistakenly assumes that this is the reason for its employ by 180's products, despite Zone Labs having been advised by 180 to the contrary," the suit adds.
180's case against Zone Labs highlights the fine line between adware and spyware, and how security vendors should classify such applications. 180Solutions spends much of the lawsuit defending its own practices, explaining that it offers free products over the Internet, which are sponsored by advertising.
Although 180's Search Assistant and Zango tools may not be solely designed to spy on unsuspecting users, they do track what Web sites are being visited and deliver advertisements based on that data. 180 maintains that ads are delivered anonymously using a unique identification number.
But do users really want an application monitoring them in the background? Zone Labs and other anti-spyware vendors don't think so, and recommend removal of the software.
However, 180 contends that Zone Labs doesn't provide a proper notice to users and has designed ZoneAlarm to "frighten consumers into believing that spyware resides on their computers, even if it does not."
In a well-timed editorial that was published Tuesday, 180Solutions CEO Keith Smith discussed the problems facing the adware industry. "The fact that there are currently no real industry standards that define what is or is not a threat provides ample wiggle room for these vendors to create and operate under their own definitions," he wrote.
"As we all know, it's close to impossible to get an entire industry to agree on general principles, but until this happens and it is adopted universally, the fight between downloadable programs and scanning applications will rage on," Smith added.
One group, the Anti-Spyware Coalition, has published guidelines intended to educate consumers and help anti-spyware vendors avoid legal attacks from ad companies who claim their software is unfairly targeted. Still, such definitions are a ways off from becoming widely accepted.
Despite its claims of a strict privacy policy and innocent advertising behavior, 180Solutions' actions have raised the ire of some. A special Web site has been setup detailing the company's alleged spyware infractions, from lying about its practices to distributing its software through IM worms and illegal warez sites.
According to Sunbelt Software President Alex Eckelberry, who first reported the lawsuit against Zone Labs, "This is all going to be rather interesting, to say the least."
In other words, thousands of 180's customers didn't know the software was installed until Zone told them so.
"...it may log keystrokes and track Web sites visited."
Zone is off the hook if they used the word 'may' cause equally it may not. Ah, the art of language.
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|This 180 SOLUTIONS bunch is one of the worst spyware bundles around. They are right up there with Bonzai Buddy and Gator.
Nothing pi$$es me off, more than that damned computer scanner. You learn the hard way that it's a come on sale. Uninstalling this can be a royal pain in the arse...
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|180solutions = virus in my book. In any case, if the RIAA can win and shut down P2P applications then I'm pretty sure everyone and their mom are going to start trying to sue now.
Just about all ad/spyware busting programs regard 180solution stuff as ad/spyware, so I'm thinking this is a tippy toe move - if they somehow (maybe sell their souls and worship the devil, like the RIAA does) and win this case, then it's got a good background to move forward and sue any anti-spyware company that suggests/performs it's removal. On one hand, these companies will stop suggesting removal, thus allowing their cyber disease to proliferate once again....on the other, the software companies will fight it out. If 180 does win...then we all know there's something SERIOUSLY wrong going on.
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|Is this for real? I hope 180 gets counter sued for so much money they go out of business. Death to all adware companies!
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|A few questions for 180:
1) Do you ask me if I want to install your software before you do it?
2) Can I uninstall your software through the Add/Remove Programs List?
3) Do you have any icons in the taskbar or such saying that your program is running?
My guess is that if you answered "Yes" to all 3 questions then your software wouldn't be deemed as spyware/adware. If you can't be upfront with the people and computers you're putting your software on, then you shouldn't be trusted. And if you are hiding your installed software from the user, then it's a virus and should be removed.
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|They're hiding in Florida which doesn't have decent laws...
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|Well, ZoneAlarm should just fill a class action counter suit against them; I am sure there are many many PC users who will sign up for that; let's see who bankrupts who...
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|Don't say that, you'll have half the internet signing it :P
EDIT: Maybe more.
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|"In a well-timed editorial that was published Tuesday, 180Solutions CEO Keith Smith discussed the problems facing the adware industry. "The fact that there are currently no real industry standards that define what is or is not a threat provides ample wiggle room for these vendors to create and operate under their own definitions," he wrote."
It's not Zonelabs that is making the 'definitions' dude, it's me. It's him. it's her. it's that guy over there.
The user says they don't WANT your s*** on their computer. Zonelabs is helping remove it. Simple, loser.
"Despite its claims of a strict privacy policy and innocent advertising behavior, 180Solutions' actions have raised the ire of some. A special Web site has been setup detailing the company's alleged spyware infractions, from lying about its practices to distributing its software through IM worms and illegal warez sites."
I have 180Solution stuff on my PC, yet I haven't installed a single bit of their software. Thanks to Zonealarm, I removed it just a while ago :)
Anyway, I'm sick of adware companies thinking their own my PC. It's MY PC, not yours, not 180's, not Microsoft's (get that IE and WMP off my PC...)... I should be allowed to choose what is installed in my copy of WinXP pro.
I'm behind ZA all the way :)
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|Another useless and GUILTY software company trying to excuse themselves by lying out of it.
chris
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|yeah!
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|F**K 180Solutions :)
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|can't fu*k an adware actually :)
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|FU*K 180Solutions :)
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|Someone should send a suicide-bomber to 180's offices. Problem solved. f*cking scumbags.
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|Wow...that COULD be taken as a threat budd (hence your negative score).
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|Nice, backward compatability ;)
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|Apparently if 180 can't make money by sneaky means, it is up to trying litigenous means. I believe that is the route taken by more than just 180, to the detriment of us all.
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|Isn't that the way it always works?
If at first you don't suceed, take them all to court?
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|i cant believe a company that makes and supports adware would have any say against a company that helps fight it. you create software people obviously don't want, a program picks it up and alerts the user, user removes it, and in turn the internet is a little safer. if i were zone labs, i'd tell 180s where to stick their adware.
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|What I'm reading from this is that 180 is suing Zone Labs with a libel offense. What they claim is that what Zone Labs is saying is hurting their reputation, basically. Unfortunately, for 180 to have standing, the stated claims must be false.
Zone Labs merely says that data is transfered without your knowledge, giving 180 as an example. They don't want a bad name? Stop spreading spy/adware.
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|180 software is pure crap, they have no voice in this.
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|I actually downloaded 180's Search Assistant by accident. Hijacked my browser, I couldn't even reset my homepage to anything but their "search assistant", and a popup showed up on the desktop every couple of minutes, whether I was browsing or not. Took me days to figure out how to just partially disable it, and it kept cropping up until I finally reformatted. Their claim to be a benign company is laughable.
It did get me to try Firefox, though. Been hooked ever since, so I suppose I owe them some degree of gratitude.
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|Another burglar suing cuz the dog bit them on the butt!
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|Probably the best analogy here.
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|What chutzpah! They'd better ad me to their list of suees... Is there actually any major security portal that does not regard them as malware?
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|"Is there actually any major security portal that does not regard them as malware?"
I don't think so. If there is, I want to know who so that I can avoid them.
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|Definition of 180solutions: Pick a viable solution, then turn 180 degrees, and run as fast as you can in that direction :)
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|"180 has been damaged by the wrongful removal of its applications caused by ZoneLab's tortious conduct."
HAHAHAHAHAHAHAHAHAHAHAHA!!!!!
I would love to see 180 explain to the court what their program does and how to uninstall it!
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|180 SOLUTIONS is a big headache just like the SONY RootKits...
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|This is by far the FUNNIEST lawsuit in history...I hope they televise this...LOL
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|Or at least recorded MPG/MPEG format. :P
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|How dare they sue anyone, i hope they lose and lose BIG, really big! Put them out of business. They need to die. Once spyware, always spyware.
EDIT: http://www3.ca.com/secur.../pest.aspx?id=453094136
To 180:
Real nice business you have there 180.
I hope this holiday season, all 180's employees home PC's get infected with CWS, VX2, and a little touch of SONY DRM rootkit for good measure. Merry XMAS you dirt bags!
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|Uncontrolled laughter. One of the worst things I ever had to deal with on an office server. This will be fun to watch. How does it end up on ones computer again...lol. Do ya have to go find it? Do they list it here on Betanews? Didn't think so...Man I hope 180 gets it right up the Ncase!!
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|i got the popcorn guys
good ol entertainment
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|So who's bringing the beer?
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|Can we watch this on the Sony Big Screen!?!?
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|BYOB! :)
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|LOL I wonder where NoBeerForYou is? :)
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|No, not the 'Sony' big screen. I don't want a rootkit on my computer.
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|"180 maintains that ads are delivered anonymously using a unique identification number."
Anonymous unique ID. Nice one 180S.
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|mark of the beast
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|Nah, that's the same for everyone..doesn't uniquely identify them.
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|This is a great way to show all those companies that produce spyware and adware that they should give users easy options and better ways to learn about what they are installing and how it will affect them. I hope Zone Labs wins this, they make a great product that helps protect people from these greedy companies and should not be liable for advising consumers of what this programs are doing to their PCs.
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|Dearest comrades at 180Solutions: "F Y A D."
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|If it tracks usage, and sends that data, with or without personally identifiable data, it is SPYWARE.
It is TRACKING USAGE.
DUH!
ZA allows removal. It does NOT automagically remove it, nor does it tell the user that he/she MUST remove it.
ZA does not force the issue and if anyone WANTED that stuff on their PC they wouldn't NEED ZA.
I hope the judge laughs them out of the courtroom and slaps them with fines and contempt of court charges for bringing such a ridiculously absurd claim to them.
What a waste.
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|Slap a message on any spyware removal program that states 'This program contains mechanisms that shares information about your activity on the world wide web in addition to providing different services' and include a link to the web site of the distributor of the program.
And then have a big huge 'REMOVE' button and in parenthesis - 'recommended'.
There's nothing wrong with recommending that someone remove a terrible piece of s*** that causes browser instability, was installed during the installation of another product by someone clicking 'ok' and not reading fine print and sends information about you across the web.
In all the quotes above, I hear very vague statements about the 180 / Zango software and what it does to benefit it's "users".
Stupid. We should vote them off the island.
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|Why would anyone want some sneaky company slipping software on THEIR computor (using their memory, bandwith, etc) that monitors them and then reports back to the company? This is a crime, IMO and the arrogance of these companies only illustrates the need for stricter laws and resources to enforce them.
The i-net is a wonderful development. Too bad there has to be drawbacks like these sleazy weasels.
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|Well, if it means anything I would not want it on my computer. Sounds like adware. Nuff' said. Hopefully BetaNews will follow up on the outcome of this case.
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|Adware is not inherintly bad. It is simply ad-supported software. Much of which is useful and good.
Programs that install said advert softwares, or tracking software on your PC without easy removal tools, big disclaimers, and such are less trustworthy and more likely to be doing something the user wouldn't normall y agree to.
If they want the court to order ZA to remove the suggestion of removal, the court needs to get from them a promise to include removal tools and blatant disclaimers in all products immediately.
Of course they would never agree to such a thing because they KNOW that no user in their right minds would purposfully install something like that.
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|Agreeably so. BearShare for one states the inclusion of some adware in its installation, and is removable after unistallation of BearShare. Nonetheless I use uTorrent now. :)
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|It's like a crooked politician lashing out. 180 also is in the dubious hiring business. I was contacted through an agent; we have this good job yadda yadda... then I looked online to find out more about them. Nobody mentions what they do in the hiring process, even when you ask.
Weak sauce.
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|This will be a very funny show.
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|Even if they don't spy on you, which I doubt, anything that sends out or receives information and visits web sites you don't know about slows your computer down and clogs up your memory.
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|"sends out or receives information and visits web sites you don't know about "
Pretty much the definition of spying there, eh?
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|Let's just say that I hate it when ZoneAlarm tells me that some mysterious program is sending stuff out to the internet, and I know I'm not the one who's doing it.
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|"I hate it when ZoneAlarm tells me that some mysterious program is sending stuff out to the internet"
Am I wrong, or isn't that ZA's main purpose?
Or are you just saying you'd rather be uninformed about what ZA is blocking? If that's the case, there is an option on every pop-up to keep the pop-ups from happening. (usually of the 'check here to...' variety)
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|There are so many things wrong with this, I can't even address them all. 180Solutions is full of BS.
It's like a thief suing the government because they imprisoned him for his crimes and prevented him from maintaining his "business" (stealing).
Utter and complete crap. 180Solutions should be shut down for the simple fact that they ARE SPYWARE. Does anyone know if the court has said they will hear the case? I sincerely hope they don't.
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|I hope they don't. And I also hope that they slap 180 with a fine for wasting the courts time and consuming taxpayer dollars in this comedy of stupidity.
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|Screw your 1080. Stay the **** off my computer. Who the hell would willingly allow this malicious ad serving software on their computer. Would you pay for HBO then allow this crap software to interupt you constantly to show you their "great offers".
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|This is some of the funniest stuff that I've seen in a long time. Keep on Truckin. 180 Solutions sucks the big one...
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