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image Spyware: Sunbelt's CounterSpy tells Hotbar it is indeed Adware image
Sunbelt Software Counterspy
Sunbelt responds to Hotbar with a very thorough explanation to Hotbar's CEO stating in no uncertain terms that Hotbar will continue to be listed as adware in their CounterSpy product. Sunbelt also indicates that even though Hotbar is a Microsoft Certified Partner and has the TRUSTe seal, that they forget to mention these certifications do not "approve" Hotbar's programs. So it appears Hotbar is offering false and misleading information to Netizens. In Hotbar's C&D to Sunbelt:

"Moreover, the most prestigious and popular anti-spyware programs in the industry do not detect Hotbar. Thus, for example, to name the leading programs, Microsoft AntiSpyware, Lavasoft's Ad-aware, Spyware Doctor, Mcafee, Panda, and Fortinet do not detect it, and many others are also in the process of joining them."
Sunbelt is quick to point out:

While it is true that the listed programs may not detect Hotbar, many leading anti-spyware and anti-malware programs (aside from Sunbelt's own CounterSpy) still do detect Hotbar, including: · Webroot Spy Sweeper
· SpyBot S&D (optional)
· Sunbelt CounterSpy
· Intermute SpySubtract
· CA Pest Patrol
· Norton AntiVirus
· TrendMicro PC cillin


After that detailed review, Sunbelt found that Hotbar does meet its targeting criteria:

Distribution & Installation
* installs via automated installation processes (e.g., for ActiveX controls) initiated by or at third-party web sites when the software is not functionally required to view the content of those third-party sites and is not directly and specifically solicited by users
* is bundled with a functionally unrelated, separate host application actually sought by users (i.e., as an "adware" bundle) and installs without first providing sufficient notice and choice to users and without securing their full, meaningful, and informed consent
* uses false, misleading, confusing, deceptive, or coercive text or graphics to induce, compel, or cause users to install the software

Advertising
* displays third-party advertising in pop-ups and windows that the software opens on the users' desktops and which are not part of internet content that users directly choose to visit or view without first providing sufficient notice and choice to users and securing their full, meaningful, and informed consent, or without offering users a means for permanently removing or opting out of the advertising short of purchasing a "pro" version of the product and/or incurring a fee
* embeds third-party advertising banners or messages within itself or other programs or within elements of the operating system itself without first providing sufficient notice and choice to users and securing their full, meaningful, and informed consent, or without offering users a means for permanently removing or opting out of the advertising short of purchasing a "pro" version of the product and/or incurring a fee.

System Reconfiguration
* reconfigures the user's browser home page, search settings, or other user-selectable browser preferences without first providing sufficient notice and choice to users and without securing their full, meaningful, and informed consent
* configures advertising-related programs to start automatically with the operating system without first providing sufficient notice and choice to users and without securing their full, meaningful, and informed consent
* installs or uses an auto-updater or similar mechanism without providing a readily accessible means for users to configure or disable that auto-update mechanism

Data Collection, Transmission, & Sharing
* collects and transmits data regarding user's internet connection, viewing, and communication habits and behavior for the purposes of advertising and marketing without first providing sufficient notice and choice to users and without securing their full, meaningful, and informed consent

Uninstallation
* uses an uninstaller that badgers, coerces, or tricks the user into refusing or canceling the uninstallation
* incorporates, uses, and/or deploys functionality to evade, thwart, undermine, or prevent detection and/or removal by "anti-spyware" and "anti-malware" utilities

Notice, Disclosure, Choice, & Consent
* disregards, thwarts, blocks, or impedes users' choice to cancel or opt out of installation
* discloses key terms related to advertising, system reconfiguration, and data collection / transmission practices only in an End User License Agreement (EULA) or Privacy Policy or in locations and documents that users are not likely to read during the installation of the software
* discloses key license terms and software functionality in language that is not simple, plain, straightforward, direct, unvarnished, and free of euphemisms
* uses false, misleading, confusing, deceptive, or coercive text or graphics to induce, compel, or cause users to install the software
And here comes the "in no uncertain terms" portion:

Based on its thorough and systematic review, Sunbelt concludes that Hotbar’s software does, in fact, meet Sunbelt’s criteria for potentially unwanted installations that the CounterSpy product line can present to users for possible removal. Therefore, at this time, Sunbelt will not be changing the status of Hotbar and its related programs.
Of course that isn't all, Sunbelt has just recently received another C&D letter from Abetterinternet (Direct Revenue). Sunbelt continues to fight the fight and does not back down, even after receiving cease and desists over and over again.

References:

- Our response to Hotbar blog by Sunbelt
- Scanned response to Hotbar
- Clean response to Hotbar
- iDownload C&D's
- Targetting Criteria
- Spyware Threats (C&Ds)
Posted on Thursday, 26 May 2005 @ 18:12:29 UTC by Paul (4901 reads)
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"Spyware: Sunbelt's CounterSpy tells Hotbar it is indeed Adware" | Login/Create an Account | 1 comment | Search
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Re: Sunbelt's CounterSpy tells Hotbar it is indeed Adware (Score: 1)
by OJ_did_it  on Friday, 27 May 2005 @ 12:56:03 UTC
(User Info | Send a Message | _JOURNAL)
Its just another example of A big company bullying another like Sunbelt.

Microsoft Antisipyware also detects and removes the HOTBAR...why doesn't HOTBAR issue a C&D to them? Wasnt Sunbelt and Giant once partners issuing the same product? I mean, if you look at the GUIS for MSAS and CounterSpy, they're the same.

HOTBAR is wasting its time...you kill one bird and there will be another and another...go ahead and spend your money--you might as well just give it to an attorney who will do nothing for you!


 
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