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Ad-Eliminator v5.0?

 
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Taco
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Joined: 26 Jul 2004
Last Visit: 18 Aug 2004
Posts: 6
Location: Houma, LA

PostPosted: Sun Aug 01, 2004 12:14 pm    Post subject: Ad-Eliminator v5.0? Reply with quote

I recieved a spam email today for a program called Ad-Eliminator. Just looking at the site I can tell that it probably isn't legit. (also being a spam email doesn't help)

I've been trying to look up any info on the internet for it (as well as this forum) and haven't been able to find anything on it.

If anyone would to check it out to see if it needs to be blacklisted or anything, here's the link:

http://obwws.realspyerase.biz/index2.php
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eburger68
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Joined: 23 Jun 2004
Last Visit: 18 Nov 2008
Posts: 575
Location: Clearwater, FL

PostPosted: Sun Aug 01, 2004 2:22 pm    Post subject: Reply with quote

Taco:

Thanks for posting that. I've tested the software at this point, and I can report that it's the same old story: Ad-aware knockoff (though not a clone of anything that I can tell); ridiculous false positives; deceptive warnings/alerts. Nothing too surprising there. It has easily earned itself a spot on the "Rogue/Suspect Anti-Spyware" page.

The real news comes in the following clauses from the license agreement:

Quote:
3. CONFIDENTIALITY

(a) Confidentiality. You acknowledge that the Software is and incorporates confidential and proprietary information developed, acquired by or licensed to GES. You will take all reasonable precautions necessary to safeguard the confidentiality of the Software, and will not disclose any information about the Software or the Software evaluations or reports to any other person without GES's prior written permission. You will not allow the removal or defacement of any confidentiality or proprietary notice placed on the Software. The placement of a copyright notice on the Software will not constitute publication or otherwise impair its confidential nature.

(b) Unauthorized Use or Disclosure. You acknowledge that any unauthorized use or disclosure of the Software may cause irreparable harm to GES and its licensors. If an unauthorized use or disclosure occurs, You will take all steps that are necessary to recover the Software and to prevent its subsequent unauthorized use or dissemination.

(c) Limitation. You will have no confidentiality obligation with respect to any portion of the Software that (i) You lawfully obtained from a third party under no obligation of confidentiality or (ii) became available to the public other than as a result of Your act or omission.


Now, this is the same kind of self-serving, unconscionable license clause that McAfee used in some of its products -- and got spanked for by the New York State Attorney General.

My question is: what should I do with these clauses? They're clearly attempting to shut up critics. Should I oblige them, post "Censored" all over the "Rogue/Suspect" pages, and let readers draw the proper inferences? Or should I ignore these clauses as unconscionable and go on to post the usual information?

I'd be open to suggestions, observations, and reactions with regard to this license.

Best,

Eric L Howes


Last edited by eburger68 on Sun Aug 01, 2004 7:51 pm; edited 1 time in total
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wawadave
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Joined: 25 Jan 2004
Last Visit: 24 Jul 2009
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Location: Illegitimus non carborundum

PostPosted: Sun Aug 01, 2004 4:06 pm    Post subject: Reply with quote

ianal
but to start posting Censored all over your site because an elua says not to. in a court i doubt this would hold water .
there is a lawer on the forum she posted for help with windows 95.
might run it by her.
she is not happy with spyware.
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Taco
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Joined: 26 Jul 2004
Last Visit: 18 Aug 2004
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Location: Houma, LA

PostPosted: Sun Aug 01, 2004 6:50 pm    Post subject: Reply with quote

well, I would say they're making money by flat out lying to anyone that goes to their website is breaking the law, but that's not stopping them now is it? actually, come to think of it... the site is registered to someone in the Ukraine. I wonder what kind of cyber inforcement they have over there for this kind of thing. here's a whois on the site:

Domain Name: REALSPYERASE.BIZ
Domain ID: D7104178-BIZ
Sponsoring Registrar: TUCOWS INC.
Domain Status: ok
Registrant ID: TU4ZDFBYP3G23M1Y
Registrant Name: Aleksandr Ahmetov
Registrant Organization: Total Guard Software Group
Registrant Address1: st. 40 Let Pobedu, b. 48, r.21
Registrant City: Poltava
Registrant State/Province: UA
Registrant Postal Code: 65000
Registrant Country: Ukraine
Registrant Country Code: UA
Registrant Phone Number: +38.0675078199
Registrant Email: *****@q-h.ru
Administrative Contact ID: TUIFPKPA6PKA7C8O
Administrative Contact Name: Aleksandr Ahmetov
Administrative Contact Organization: Total Guard Software Group
Administrative Contact Address1: st. 40 Let Pobedu, b. 48, r.21
Administrative Contact City: Poltava
Administrative Contact State/Province: UA
Administrative Contact Postal Code: 65000
Administrative Contact Country: Ukraine
Administrative Contact Country Code: UA
Administrative Contact Phone Number: +38.0675078199
Administrative Contact Email: *****@q-h.ru
Billing Contact ID: TUK3TWF1ZCHO7DXN
Billing Contact Name: Aleksandr Ahmetov
Billing Contact Organization: Total Guard Software Group
Billing Contact Address1: st. 40 Let Pobedu, b. 48, r.21
Billing Contact City: Poltava
Billing Contact State/Province: UA
Billing Contact Postal Code: 65000
Billing Contact Country: Ukraine
Billing Contact Country Code: UA
Billing Contact Phone Number: +38.0675078199
Billing Contact Email: *****@q-h.ru
Technical Contact ID: TUDW4NZZJCJFKGHA
Technical Contact Name: Aleksandr Ahmetov
Technical Contact Organization: Total Guard Software Group
Technical Contact Address1: st. 40 Let Pobedu, b. 48, r.21
Technical Contact City: Poltava
Technical Contact State/Province: UA
Technical Contact Postal Code: 65000
Technical Contact Country: Ukraine
Technical Contact Country Code: UA
Technical Contact Phone Number: +38.0675078199
Technical Contact Email: *****@q-h.ru
Name Server: NS1.AUTONAMESERVERS.COM
Name Server: NS4.REALDNSSYSTEM.COM
Created by Registrar: TUCOWS INC.
Last Updated by Registrar: TUCOWS INC.
Domain Registration Date: Sat Jun 05 23:32:49 GMT 2004
Domain Expiration Date: Sat Jun 04 23:59:59 GMT 2005
Domain Last Updated Date: Wed Jul 28 18:21:14 GMT 2004

the part that really gets me is:
Sponsoring Registrar: TUCOWS INC.
note also that the site is less than 2 monthes old...

on another note... you have a very good site there Mr. Howes
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suzi
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Joined: 27 Jul 2003
Last Visit: 19 Oct 2014
Posts: 10331
Location: at the beach

PostPosted: Sun Aug 01, 2004 8:31 pm    Post subject: Reply with quote

Quote:
(b) Unauthorized Use or Disclosure. You acknowledge that any unauthorized use or disclosure of the Software may cause irreparable harm to GES and its licensors. If an unauthorized use or disclosure occurs, You will take all steps that are necessary to recover the Software and to prevent its subsequent unauthorized use or dissemination.


That is just ridiculous. It makes me think they know how crappy their software is and are trying to prevent the word from getting out.

Does that agreement apply to the free scan or when you actually purchase the product?

Then there is the annoying little pop-up window asking if you want the free scan in the middle of the page. Rolling Eyes
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eburger68
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Joined: 23 Jun 2004
Last Visit: 18 Nov 2008
Posts: 575
Location: Clearwater, FL

PostPosted: Sun Aug 01, 2004 9:42 pm    Post subject: Reply with quote

Suzi:

You asked:

suzi wrote:
Does that agreement apply to the free scan or when you actually purchase the product?


Yes, it applies to the free scan. That license language is from the EULA that's presented to the user during installation.

ELH
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Scaramouche
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Joined: 06 Jul 2004
Last Visit: 03 May 2006
Posts: 141
Location: Manila, Philippines

PostPosted: Mon Aug 02, 2004 3:18 am    Post subject: Reply with quote

I don't know what things are like in the Ukraine but enforcing this EULA would violate several freedom of speech regulations, so I doubt that they could make it stick in any context. Theoretically it's something like an NDA, but it's still unenforceable (the entire scope of loss clause for example). I guess if they send you a cease and desist you can oblige but update the listing to say something like "This software's EULA is written to prevent discussion or review of its operation. Do you want it on your machine when there are so many better and liberally distributed alternatives?"

A work that is commercially available is protected in other ways so it's unlikely any judge would support a declaration like this one.
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eburger68
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Joined: 23 Jun 2004
Last Visit: 18 Nov 2008
Posts: 575
Location: Clearwater, FL

PostPosted: Mon Aug 02, 2004 11:31 am    Post subject: Reply with quote

Hi All:

Thanks for the replies and insights.

I've been mulling this issue over and taking another look at the EULA. The license terms in question are all predicated on the assertion of confidentiality, which is going to be difficult to assert when you're bragging on your home page that 24 million downloads of your software have occurred. At the very least, there could be no expectation of confidentiality with respect to aspects of the software that would be immediately visible and obvious to any user -- or any of the people who account for those 24 million downloads.

What the company really wants to do is stop people from talking about their software or their experiences with the software, but talking about one's experiences with and observations of the software as a normal user hardly violates the "confidentiality" of the software.

Thus, I've decided to update the rogue apps page to include Ad-Eliminator.

http://www.spywarewarrior.com/rogue_anti-spyware.htm

As this application is so clearly an Ad-aware knockoff, it's joined the company of Family #6:

http://www.spywarewarrior.com/family_resemblances.htm#6

Also included in this update is an odd and suspicious online scanning service called QuickCleaner (quickcleaner.com). Needless to say, I can't recommend the service to anyone at any price based on my experience with it. You can find screenshots of QuickCleaner on the oprphans and outcasts page:

http://www.spywarewarrior.com/orphans_outcasts.htm

Best,

Eric L. Howes
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suzi
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Last Visit: 19 Oct 2014
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PostPosted: Mon Aug 02, 2004 11:20 pm    Post subject: Reply with quote

I posted my experience with Ad-Eliminator on the blog, including screenshots:

http://www.netrn.net/archives2/000625.html
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John Kemp
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Joined: 06 Aug 2004
Last Visit: 09 Aug 2004
Posts: 1
Location: UK

PostPosted: Fri Aug 06, 2004 3:54 am    Post subject: Ad-Eliminator v5.0? Reply with quote

I too received a spam advert for Ad-Eliminator. Before I could delete it it gratuitously went ahead and told me I had 68 spyware items - took about 2 seconds. I suspect it was all an animated gif spoof scan, or maybe something activated by a web bug that picked up defunct registry entries only, rather than active spyware - I doubt that decent software could possibly do a proper job so quickly. However, I'd had no warnings from my McAfee firewall. SpyBot then told me I had about 6 spyware only. I WOULD NEVER BY FROM ANY SPAM - HOWEVER DESIRABLE THE PRODUCT.
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PostPosted: Mon Aug 09, 2004 10:16 am    Post subject: Ask me no questions.... Reply with quote

"You will take all steps that are necessary to recover the Software and to prevent its subsequent unauthorized use or dissemination."

I'm sorry, if I tell you, I'd have to kill you.
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egeezer
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Joined: 28 Aug 2004
Last Visit: 24 Oct 2004
Posts: 4

PostPosted: Wed Sep 15, 2004 7:57 am    Post subject: Reply with quote

Different domain, myspyerase.biz, similar stuff. Web page I saw touted "as seen on tech TV" - hah! Support link from home page? naw... a php form. update page? seems to be hard to find. link to tech tv? still looking.. maybe if you have a problem, the guy in the Ukraine will stop by to assist Wink

(I'm not reviewing the software, only observing the web page - I have no need to go further) Very Happy

Domain Name: MYSPYERASE.BIZ
Domain ID: D7104160-BIZ
Sponsoring Registrar: TUCOWS INC.
Domain Status: ok
Registrant ID: TU4ZDFBYP3G23M1Y
Registrant Name: Aleksandr Ahmetov
Registrant Organization: Total Guard Software Group
Registrant Address1: st. 40 Let Pobedu, b. 48, r.21
Registrant City: Poltava
Registrant State/Province: UA
Registrant Postal Code: 65000
Registrant Country: Ukraine
Registrant Country Code: UA
Registrant Phone Number: +38.0675078199
Registrant Email: *****@q-h.ru
Administrative Contact ID: TUIFPKPA6PKA7C8O
Administrative Contact Name: Aleksandr Ahmetov
Administrative Contact Organization: Total Guard Software Group
Administrative Contact Address1: st. 40 Let Pobedu, b. 48, r.21
Administrative Contact City: Poltava
Administrative Contact State/Province: UA
Administrative Contact Postal Code: 65000
Administrative Contact Country: Ukraine
Administrative Contact Country Code: UA
Administrative Contact Phone Number: +38.0675078199
Administrative Contact Email: *****@q-h.ru
Billing Contact ID: TUK3TWF1ZCHO7DXN
Billing Contact Name: Aleksandr Ahmetov
Billing Contact Organization: Total Guard Software Group
Billing Contact Address1: st. 40 Let Pobedu, b. 48, r.21
Billing Contact City: Poltava
Billing Contact State/Province: UA
Billing Contact Postal Code: 65000
Billing Contact Country: Ukraine
Billing Contact Country Code: UA
Billing Contact Phone Number: +38.0675078199
Billing Contact Email: *****@q-h.ru
Technical Contact ID: TUDW4NZZJCJFKGHA
Technical Contact Name: Aleksandr Ahmetov
Technical Contact Organization: Total Guard Software Group
Technical Contact Address1: st. 40 Let Pobedu, b. 48, r.21
Technical Contact City: Poltava
Technical Contact State/Province: UA
Technical Contact Postal Code: 65000
Technical Contact Country: Ukraine
Technical Contact Country Code: UA
Technical Contact Phone Number: +38.0675078199
Technical Contact Email: *****@q-h.ru
Name Server: NS1.AUTONAMESERVERS.COM
Name Server: NS4.REALDNSSYSTEM.COM
Created by Registrar: TUCOWS INC.
Last Updated by Registrar: TUCOWS INC.
Domain Registration Date: Sat Jun 05 23:30:45 GMT 2004
Domain Expiration Date: Sat Jun 04 23:59:59 GMT 2005
Domain Last Updated Date: Wed Jul 28 18:21:12 GMT 2004
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Debbie
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Joined: 22 Oct 2004
Last Visit: 23 Oct 2004
Posts: 1

PostPosted: Fri Oct 22, 2004 4:47 pm    Post subject: Another domain for Ad-Eliminator Reply with quote

I got an email today about Ad-Eliminator that looked too much like spam to be from any reputable company, so I did a Google search and came up with your site. It looks like they have a new domain, this time in the US.
When will these people give up?

Registrant:
APRM Inc
195 Piper Court
Fairfax, CA 94930
US

Domain name: ANTISPYWARECOER.COM

Administrative Contact:
Alan Taylor, David davidalan@gawab.com
195 Piper Court
Fairfax, CA 94930
US
+1.4154571656
Technical Contact:
Alan Taylor, David davidalan@gawab.com
195 Piper Court
Fairfax, CA 94930
US
+1.4154571656


Registrar of Record: TUCOWS, INC.
Record last updated on 21-Oct-2004.
Record expires on 10-Oct-2005.
Record created on 10-Oct-2004.

Domain servers in listed order:
NS4.ILUVDNS.COM 200.184.84.213
NS6.123MYDNS.COM 221.11.133.64


Domain status:
ACTIVE

-------------------------------------------------------------

They have another domain created on the same day with the same information:

ANTISPYWAREFREEX.COM
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