By Dan Ilett, 8 June 2005 15:50
NEWS
Security firm Symantec has launched a legal battle against a web browser tool company in a bid to label them as adware promoters.
The antivirus giant, which denied it was seeking damages, is asking a court in California for the right to call programs from Hotbar.com 'adware'.
Symantec has argued that the programs are a threat to the internet and that a ruling against Hotbar would allow customers to uninstall the programs with the security firm's software.
Joy Cartun, senior director of legal affairs for Symantec, said: "By asking the court for clarification on this issue in our favour, we hope to continue alerting our customers about the presence of these program files, protecting them against possible security risks. Through this effort, we're trying to ensure that our customers have more control over the programs that run on their computers."
Hotbar was not immediately available for comment.
The case highlights the legal problems security firms are facing in their attempt to define spyware. Some firms use terminology other than 'spyware' and 'adware' to avoid libelling companies. Computer Associates, for example, uses the word 'pest' to describe spyware.
An IT lawyer who wished to remain anonymous told silicon.com: "Part of the difficulty in defining concepts is there is no common understanding of what constitutes adware or spyware. While legislation in this area is developing, until there is some certainty around what constitutes spyware and adware, security companies will have to be very careful in using the terminology, for fear of the software developers threatening legal action."
Comments
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1. anonymous
I propose a new all encompassing category, Dungware, which describes any software which turns a perfectly good, speedy machine into digital excrement.
Dungware would include any software installed on a user's machine without the same level of informed consent required for surgery.
2. Stuart
Dungware would work for me - a piece of software you get offered to install on your machine which just smells bad.
3. anonymous
Would you include most of Microsoft's offerings then? They sure slow down the PCs in my office.
4. anonymous
having had a idiot (sorry user) install hotbar on their PC, this is a pain to remove. Their uninstall program does not work and you can not remove it through add/remove programs.
Any software that is not easily removed should be clasified as pain up the arse ware and banned.