Legitimate Software with Extras... Legal if extras are not a Virus?

Discussion in 'Legal Issues' started by divinci, Nov 3, 2009.

  1. #1
    Hi all,

    I have produced a lovely piece of CD ripping software. Also bundled with this software is a EXTRA program, that is installed at the same time.

    The terms and conditions of the CD ripping software being installed state clearly that this EXTRA program is installed too.

    The extra program is not a virus, has no access to the users files, no form of adware. In its most basic form, it makes HTTP requests to generate traffic and make money.

    Being based in the UK, I feel that I have to comply with the [http://www.opsi.gov.uk/acts/acts1990] Computer Misuse Act

    Reading over this I feel like my program will not get into any trouble whatsoever.

    Anyone got any thoughts on this?

    ALSO - do I have to provide an unistall program? I would rather not :)
     
    divinci, Nov 3, 2009 IP
  2. DubDubDubDot

    DubDubDubDot Peon

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    #2
    So in other words you want to install hitbots in a round about way with the purpose of defrauding affiliate programs. This is criminal activity and with a join date of May 2007 you should have moved on past this bullshit by now (not that anyone should be doing it at any stage). Grow up.

    Here is some reading for you...

    http://www.google.com/search?q=botnet+arrested
     
    DubDubDubDot, Nov 3, 2009 IP
  3. divinci

    divinci Peon

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    #3
    No dubdub, no hit bots whatsoever, no link clicking etc. No affiliate marketing, no CPA.

    Just using the host basically as a proxy... But not a basic proxy.

    Anyone got anythin HELPFUL to share?
     
    divinci, Nov 8, 2009 IP
  4. DubDubDubDot

    DubDubDubDot Peon

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    #4
    Nice back peddling. Maybe you can elaborate on this...

    It's pretty obvious what you are up to.
     
    DubDubDubDot, Nov 9, 2009 IP
  5. hmansfield

    hmansfield Guest

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    #5
    Sounds pretty weak to me. Is there a clear definition of what this "Extra" software is and an option not to have it installed, or is it automatic ?

    Anything that you install unknowingly on people's computers is fraudulent, especially something that will be using the users computer as a proxy for your activities.
    I have to agree, sounds like you are trying to beat the system with some bootleg adware connected to your affiliate links.

    It's an old scam and many people have been dragged into court by affiliate programs like Ebay and Linkshare for doing it.
     
    hmansfield, Nov 9, 2009 IP
  6. divinci

    divinci Peon

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    #6
    Well my prog is just a basic proxy, that accepts encrypted (Rijndael) tasks by HTTPing a website. The proxy then carries out the task, and reports back.

    Reading various law, I believe that as long as I am not doing anythin illegal:
    No affiliate accounts at all!

    Then if I make a good TOS etc, agreed to BEFORE my software package is installed... I should be ok.

    For debates sake, imagine that my program/proxy performs a simple google search every 30 minutes.

    I can't see how
    1. Accessing freely available information
    2. The user consents to installation of the software by TOS
    3. No possible way of highjacking of the proxy because of my encryption routines.
    4. No read access to user memory space, File IO

    doesnt constitute a similar program to say... Google Toolbar?


    Would make me some money though :)
     
    divinci, Nov 10, 2009 IP
  7. hmansfield

    hmansfield Guest

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    #7
    I just don't see why anyone would consent to you using their computer as a proxy just to get some burning software that is readily available all over the internet for free, not to mention is included with WMP and iTunes.

    You can't compare it to the Google toolbar because Google has a rep of trust and the toolbar actually provides some tools.
     
    hmansfield, Nov 10, 2009 IP
  8. divinci

    divinci Peon

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    #8
    I take your point hmansfield, I am pretty sure that you or I or many an internet savvy person would not use software like this at all!

    But I think I will be targetting the masses, who do not understand what a proxy is or who do not mind the software being installed for a high quality (CD ripper / System Defrag etc) end product.

    I have activly stayed away from those c4rD1ng circles and the immoral russian forums, being lucky enought to be a free UK citizen I want to conduct business in an honest manner. But I believe that there is a another level .. red hat .. law abiding and transparent.

    I will give it a go :) open a LTD and make sure all programs have valid and thorough uninstall procedures.



    Anyway hmansfield love the blog! fellow trance head here, check out trancef.com ;)
     
    divinci, Nov 11, 2009 IP
  9. hmansfield

    hmansfield Guest

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    #9
    That's going to come off a little better. There are "extras" in most freeware, but you have the option of not installing it, or at least with an uninstaller. That's much better than installing something without people knowing. You should be truthful about it.
    Yeah, I have seen it. Is that your site ?
     
    hmansfield, Nov 11, 2009 IP
  10. divinci

    divinci Peon

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    #10
    Yeah I think I will have to give it a name like 'Net Relayer' or somethin, and will give the option of installing the 'base' software without the 'Net Relayer' installed. As you said, if I am as truthful and transparent as possible then I believe that if anyone takes umbridge, simple and easy resolutions will be possible.

    No no, bit too much of a legal grey area for me (RIP piratebay) but admire the efforts of guys freeing the media! Great guest mix from Offdate (Kazakhstan), Matt Darey Nocturnal 217 - check it out!
     
    divinci, Nov 11, 2009 IP
  11. hmansfield

    hmansfield Guest

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    #11
    Oh, I didn't notice that. I thought they were just linking to podcasts. Yeah, that's not cool. If I were to associate or link to a site like that, I would loose all of my connections and hook ups. It's not worth it.
     
    hmansfield, Nov 11, 2009 IP
  12. DubDubDubDot

    DubDubDubDot Peon

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    #12
    So then you are setting up a botnet that you will rent out?
     
    DubDubDubDot, Nov 11, 2009 IP
  13. divinci

    divinci Peon

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    #13
    yeah i understand, it's strange that the 'dance' scene is not policed as heavily as all the commercial cr4p out there - but to be fair there is so much great dance music, no one label/dj/producer has large market share, love it.

    Dub. I have worked hard to encrypt any communication between a client and my master server.

    Each client has three unique 256-bit AES passkeys, each time a client program is downloaded from my custom http server, the compiled program contains three new unique keys.

    This means that if my client program is cracked and does get into unscrupulous hands, it would be worthless to the cracker.

    WHY? because if I rent it out, or let chrackers piggy back off any part of my network, it would bring me trouble.

    I am using the client for legal research
    e.g. the big g keyword suggestion t00l, it has a maximum of around 300 searches a day.
    I would love to search 300K times.

    No renting. After discussing the views of you Dub. and hmansfield I think that even though this network is grey hat, if I provide a secure honest and transparent approach to operating and implementing it, it will hold up in a UK court of law.
     
    divinci, Nov 12, 2009 IP
  14. lcwadminbj

    lcwadminbj Peon

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    #14
    By your own admission you are out to scam the unsuspecting internet users.
    Just where the hell are your morals and ethics.
    It is people like you that give honest people a bad name.

    You are openly admitting that you are a thief and going to steal the bandwidth (and if the truth be known god knows what else) of anyone fool enough to install your software.
     
    Last edited: Nov 16, 2009
    lcwadminbj, Nov 16, 2009 IP