[linux-elitists] Radiate Proposes Settlement For $2 Million

Jay Sulzberger jays@panix.com
Sun Feb 4 10:46:40 PST 2001

The issue of "balance of rights between authors and readers of copyrighted
works" is a quite different issue from determining the proper punishment
for a Peeping Tom who peeps into millions of people's houses.

DoubleClick and Microsoft will lose the big class action suits which will,
no doubt at all, be brought against them.  Microsoft's recent browsers
track every movement of the user on the Web.


---------- Forwarded message ----------
Date: Sun, 04 Feb 2001 14:45:46 GMT
From: Matthew C. Andrea <mcandrea@bellatlantic.net>
Newsgroups: alt.privacy.spyware
Subject: Radiate Proposes Settlement For $2 Million

Have you seen this????

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Good News for Spyware Haters!!!

Well they really kept this one quiet.  Let's see what we can do about
changing that!  I stumbled upon this quite by accident while checking my
stats for visitors to the site.

Radiate, the largest producer of Spyware, has proposed a settlement for
the sum of $2,000,000 in response to a Class Action Law Suit accusing them
of gathering information without the user's knowledge (Spying) and has
admitted such in a legal document they were required to post on their site
although it's not accessible from the home page yet.  This is for programs
downloaded displaying their banners between March 3, 1996 and March 19,
2001.  If you did download programs with their banners part of the
proposal is to offer all users a coupon good for 50% off the purchase of


This is not in effect yet but a hearing will be held on March 19, 2001 at
9:00 a.m., before the Honorable Anthony Mohr, Superior Court Judge of the
Los Angeles County Superior Court, for the purpose of determining whether
their proposal should be approved.

I try to keep on top of these things but only found out because someone
came to my site from that page.  Let's spread the word and maybe other
Spyware producers will take notice so this sort of tactic can be

Below is an excerpt from the proposal.  If you'd like to read the entire
document go to:  http://www.radiate.com/class/class.html.

            "Radiate will post a disclosure on the home page of its
Internet Web Site that states in sum and substance, the following:

            Radiate has developed and distributed technology which allows
Radiate to send advertising to computers which have downloaded Radiate’s
technology as part of larger programs.  Radiate’s technology exchanges
information with a user’s computer, and as part of this exchange, Radiate
collects certain, nonspecific data about its users and aggregates its
data.  Radiate also asks users to answer nonspecific questions as part of
a survey which appears when a user first uses any program containing
Radiate’s codes, so long as no other program containing Radiate’s codes
has never been installed and used on that computer; in other words,
Radiate’s survey typically appears once and only once on any given
computer.  The unvolunteered information Radiate collects is limited to
data regarding the advertisements Radiate sends and the program containing
Radiate’s codes which a user has downloaded.  Radiate is very concerned
with the privacy of its users and, therefore, never sells data it
collects, never collects data uniquely identifiable without the user’s
knowledge, and never combines user-specific data with the generic data it
collects.  However, Radiate fully understands that if an adequate
disclosure of the functioning of Radiate’s codes is not made to the user
at the time of downloading, a user who subsequently learns of this
functioning may feel a level of distress or concern at the perceived
potential invasiveness of Radiate’s codes.  Accordingly, Radiate has taken
steps to ensure that the owners and distributors of the shareware programs
containing Radiate’s codes provide full disclosure of the functioning of

Radiate’s codes, as they are required to do pursuant to their licensing
agreements with Radiate.  In addition, Radiate provides on its own web
site, simple instruction to allow any user to fully uninstall any program
containing Radiate’s codes."


Happily Yours,
Jerry Campbell
Camtech 2000

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