How is this allowed?

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Axilla
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How is this allowed?

Post by Axilla »

Another one of those aim profile things... says something about "I found "SN" picture here" and has a link, link goes to a website that automaticaly downloads a program and installs it on your computer. The page that comes up says "Upon visiting this site, you have agreed to the terms located at link" they also have a link that shows you how to remove it from your computer.

What pisses me off is that they install the program on your computer before you have a chance to agree to these terms

Code: Select all

By entering the site, http://www.buddypicture.net, you agree that you authorize an automatic install of our adware which will create a link to buddypicture.net, in place of your current America Online Instant Messenger (AIM) profile. The adware will automatically install a file called b.exe on your computer. This program IS NOT a virus, worm, nor trojan horse. It is simply adware. This file will not harm your computer nor will it delete your files. If you would like to uninstall our adware at any time, please read the directions at the bottom of this disclaimer page. If you do not agree with the above terms, please exit this website now, 
by clicking here. 

Limitation of Liability. buddypicture.net shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the materials on this website. In no event shall buddypicture.net be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however it arises, whether for breach or in tort, even if buddypicture.net has been previously advised of the possibility of such damage. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the website and will not make a claim against buddypicture.net for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the materials. You agree to hold buddypicture.net harmless from, and you covenant not to sue buddypicture.net for, any claims based on using the website. Furthermore, I agree to review the material before retrieving it and assure the operators that any material which I retrieve will not violate the federal, state, or local obscenity laws or community standards for the community into which I choose to bring the material. I will only use the files for informational purposes, not to harm anyone. I will not use any of the files to destroy or hurt other people's computers. I will not download any files unless I live in a country that allows me to legally use them. 

Should you have to agree to the terms BEFORE software is installed on your computer? That seems be the way that all other programs i have ever downloaded or even bought have been. Its like me shooting someone in the face and then saying "By participating in this face shooting you have already agreed to these terms: You do not hold me responsible for damaged face, death...."

Any ways, i didnt get this because i use mozilla (actualy i dont know if it asks you to install software because i have popups off, but these websites stil piss me off) But be carefull what you click on in peoples profiles.

(my friend started this on another forum, im just reposting to get responses)
Michael wrote:In plain English: I am a boy.
For those AOL speakers out there: i ma b0i wat r u a/s/l ken i c ur b00bs?
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Post by MikeZed »

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Everyone on the Big-O Software board are fucking dumbasses except MikeZed because he actually knows common sense.

Axilla is the gayest person on this board.
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Post by Anthony »

This program IS NOT a virus, worm, nor trojan horse
Seems the people that Mcafee and Norton, and anyone else that has the "right" to call something a virus disagree with the site...
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Post by Timelessblur »

Is that illegal to do?
http://www.myimgs.com/data/timelessblur ... omulan.jpg
Yeah I know I got pulled in but its a nice way to kill time
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Post by Axilla »

Timelessblur wrote:Is that illegal to do?
That's what I'm thinkin.
Michael wrote:In plain English: I am a boy.
For those AOL speakers out there: i ma b0i wat r u a/s/l ken i c ur b00bs?
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Post by Timelessblur »

Axilla wrote:
Timelessblur wrote:Is that illegal to do?
That's what I'm thinkin.
I am still trying to figure out how they get it past the windows securty where it does not let you download anything with out your permistion. Beside if that crap ever did get on my computer not like it could do much because it can not access the net which out me giving it permession to. I just love my handdy dandy firewall
http://www.myimgs.com/data/timelessblur ... omulan.jpg
Yeah I know I got pulled in but its a nice way to kill time
my link for kings of Choas
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Post by harra »

Ethical.....no.

Legal.....probably so. The lawmakers are just now starting to address technology. Technology is usually way ahead of lawmakers.
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Post by Anthony »

I don't think it is legal to make someone accept your terms and condition before they visit your site... Perhaps if you are being linked from another site and can see it there first that would be okay (not by me), but I do think you MUST know or be expected to know the laws before they can take action against you...
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Post by harra »

Since Axilla is the one with a penchant for legality (since he wants to become an attorney) I'm sure he might agree with me on this one....

Many people confuse unethical and illegal (not saying you are Anthony). I guess it's because many unethical behaviors should be illegal
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Post by Anthony »

Well I don't think it is a matter of what it should be... But rather what it is... The only problem is there are no laws to control it...

I would think it would be fair to say that The United States could make a law making it illegal to install any software on a US citizens computer with out their permission. How? Simple... Resolve the IP... If it is a American based IP, don't install the darn thing...

The United States and every other major Internet company really needs to get together and make some laws that are the exact same across borders... Sure people can move their severs but when you cover the major Internet Countries, it makes it much harder and expensive to pull off...
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Post by harra »

I don't know, but I am starting to wonder if the Internet is going to cause a need for more "globalized" laws. Prior to internet technologies it took some effort to perform criminal activity that affected people across multiple national borders. Now it is very easy to wreak criminal havoc worldwide and hide behind a spoofed IP address and e-mail account
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Post by Anthony »

Indeed. The problem is no one wants to take the intial action, and the people that make that comment false simply don't have the power to make local laws let alone national ones... Who am I to expect global laws to be created?

CA has laws against SPAM... Why don't they push for national laws? As far as I can tell it's working... I have seen emails prefaced with "ad" (or whatever it is that's required)... So it's working...

Step 1: Make local laws (done)
Step 2: Makes those laws national
Step 3: Have other countries adopt those exact laws
Step 4: Give someone complete control over the issue like the FCC, and FTC has... The W3 would be a prime place to have this control... And I don't think they would mind having it... And they would't get out of hand (IMO)...
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Post by Moon Child »

harra wrote:Many people confuse unethical and illegal (not saying you are Anthony). I guess it's because many unethical behaviors should be illegal
I think you are right, but its a person's thought of what is ethical that causes problems such as Enron and others.
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Post by harra »

Moon Child wrote:its a person's thought of what is ethical that causes problems such as Enron and others.
Deep down I believe those people knew what they were doing was unethical. It was so unethical it may be deemed illegal and thereby set precedents (sp?) that could be used by others. Alot of rationalization goes on in business where people weigh what is good for business against what is good for their fellow man. I hate to say it, but I believe what is good for business (aka greed) will win out most of the time.

Watch the History Channel sometime and you'll find that most of the successful businessmen weren't ethical. Henry Ford, Carnegie (sp?), Rockafeller, etc. Ethics were far removed from their business decisions. That may be why they were also extremely philanthropic to help ease their guilt
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Post by Moon Child »

What you said is true. We spent a while talking about ethics in my business law class, and you pretty much summed up our entire discussion in your post.
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