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December 1, 2005 5:10 PM PST

Adware maker sues over 'high risk' designation

Advertising software maker 180solutions has filed suit against security company Zone Labs for allegedly telling some of 180solutions' customers that its software products are "high risk."

Such a characterization has damaged the reputation of the products, 180solutions contends, prompting one potential business partner to postpone a deal and many of 180solutions' users to uninstall the software, according to a copy of the suit obtained by CNET News.com.

The suit comes as 180solutions attempts to improve its public image and continues to take fire from anti-spyware groups, which characterize many adware products as computer-privacy time bombs.

Now, 180solutions is firing back. In the lawsuit, filed in the Superior Court of King County, Wash., last month, the company claimed that Zone Labs identified both the Zango and 180search Assistant applications, which deliver pop-up ads to users as they perform Web searches, as a "potential threat to the user's security and/or privacy."

These claims are false, according to 180solutions. The Bellevue, Wash.-based company has asked for unspecified monetary damages and an injunction forcing Zone Labs to cease its current classification of the products.

Anti-spyware and adware companies have feuded for years as Internet users have unwittingly installed ad-supported software that displays or downloads advertisements while an application is being used. Adware companies are often willing to pay others to distribute their software products, a policy that has led to many well-publicized abuses, according to anti-spyware advocates.

These abuses have included attempts to bury download disclosures in lengthy legalese; installing software surreptitiously through Web browser security holes; and making it difficult to uninstall the pop-up programs.

"In my opinion, 180solutions is a perfectly legitimate target for anti-spyware companies," said Eric Howes, a spyware researcher at the University of Illinois. "The bottom line is that we continue to find unethical and illegal installations of 180's software."

At the heart of 180solution's suit is the assertion made by San Francisco-based Zone Labs that 180's products try to monitor a user's "mouse movements and keyboard strokes."

180solutions says that because it uses the programming function Windows API Hook, which can be used to track keyboard strokes and mouse movements, Zone Labs erroneously concluded that it's taking advantage of the function in this way.

"That's just flat-out wrong," said Sean Sundwall, a spokesman for 180solutions. The company said it tried to inform Zone Labs executives that its assessment was wrong, but failed to convince them.

"The legal option was the only one we had," Sundwall said. "But this is not the start of a wave of lawsuits against anti-spyware companies."

A Zone Labs representative did not return phone calls seeking comment on Thursday.

See more CNET content tagged:
180Solutions, Zone Labs Inc., anti-spyware, adware, risk

Add a Comment (Log in or register) 80 comments (Showing first 20 comments)
Go 180!
by December 1, 2005 5:52 PM PST
These companies make money by "protecting" users from
applications that can quite easily be removed from the add/
remove section.... the cross the line from notifying users about
application installations and enter the encouraging to remove
territory.

If I have an agreement with the user and you encourage the user
to violate that agreement you run the risk of being sued. And i'm
sorry but the argument that the "legalese" isn't fair probably
wont hold up in a court where legalese is the language spoken.

180 has definitely been seen exploiting security holes and that
should indeed be persued by appropriate authorities, however
the action of installing through a security hole is absolutely not
the same as merely existing on a desktop through a legitimate
user initiated install, and zone labs does not differentiate.
Reply to this comment View all 11 replies
Adware is evil
by sd1975 December 1, 2005 6:04 PM PST
I bought a PowerBook because of companies like 180. I don't care
if you are "spying" or not - until you pay for my computer stay off
my hard drive. Companies like 180 should be driven out of
business - they are nothing more than leeches.
Reply to this comment View reply
These people are thieves.
by Dead Soulman December 1, 2005 6:15 PM PST
Why do you need to know what I type on my keyboard? Unless you're spying on me and trying to find my passwords, I can't see a legitimate use for tracking what I type.
These guys are spyware. No need to get confused about their functions or activities.
Yes, they like to confuse users by using Loooooooooooooong user agreements that no one reads.
Zone Labs did the right thing. Microsoft is at fault too for dealing with these creeps.
Reply to this comment View all 2 replies
I hope 180 loses their A$$
by yrrahxob December 1, 2005 7:29 PM PST
I had to install an AS program to get rid of 180. I say a class action suit should be filed against them.
Reply to this comment
180 Removal
by GoLakers December 1, 2005 8:24 PM PST
Are you people retarded? You're able to sign up for an account on CNET but you can't remove 180 or Zango? I just installed and uninstalled both and I managed to do it just fine. Now pay close attention and follow the bouncing dot...

Click 'Start' button
Click on Control Panel
Click on Add/Remove Programs
Find 'Search Assistant' or 'Zango Search Assistant'
Click on one of them
Uninstall

This is fewer steps than it took to sign up for a CNET account.

Yes, pop-up ads are annoying, but let's at least be honest about the facts here.
Reply to this comment View all 6 replies
Anyone hungry for more ads?
by Gary.M December 1, 2005 8:49 PM PST
It seems to me that any program that hooks into the Windows keyboard/mouse APIs and transmits some of the data that it monitors is inarguably a security RISK. This word "risk" implies uncertainty, not the stuff of accusations. And even taking 180solutions at their word doesn't eliminate that RISK.

If a virus or worm is ever spread that does nothing but change the destination to which this data is sent, sending it to perhaps a foreign address rather than 180solutions, it would still go unnoticed by any security scanners that don't flag these programs as a RISK. And other minor modifications to this adware could multiply that risk a hundredfold. One of the least examined aspects of this type of adware is how it opens up new doors for more sinister exploits.
Reply to this comment
Let 180 Die
by ron williams December 1, 2005 9:36 PM PST
180 is nothing but an evil ad empire. Let them die. There programs are a pain in the a$$ to un-install. Ohh, and for the people who say it is so easy to uninstall, how about they use spybot search & destroy to check for spyware on there system. Ohh is that 180solutions you see. Oh damn.
Reply to this comment
GARBAGE!
by df561 December 1, 2005 10:26 PM PST
they have no business monitoring key strokes period!
Reply to this comment
Why not...
by grabacontroller December 1, 2005 10:38 PM PST
Find a better method to make money instead of popups. Maybe put banner ads in the software or offer paid versions of the software.
Reply to this comment
^^^^^^^
by beemer10 December 1, 2005 11:19 PM PST
How's idownloads working out for ya Arlo? Still can't find legit work?

You and your ilk are limited thinkers and must pray upon little Susie and little Billy to get what you want out of life. You and your ilk have the ethics of a racoon on a moonless night.

Sleep well tonight with this thought on your mind. You aren't welcome where decent folk dwell.
Reply to this comment View reply
Message has been deleted.
by beemer10 December 1, 2005 11:22 PM PST
Reply to this comment View reply
I wanna see the source....
by fireball74 December 1, 2005 11:41 PM PST
I think they should prove they aren't logging keystrokes and mouse clicks by opening the source for the trial. Seriously, why don't they actually prove it instead of just saying so? A company that has, in fact, allowed it's ad-supporting software to be installed illegally on systems, and by virtue of the business encourages it, should own up to it's responsibilities.

That being said, there are many adware companies that have underhanded techniques associated with their software. One well known technique is to make it extremely difficult to uninstall their software. So difficult, in fact, that it takes many hours for someone to eradicate it from a system, and they are a computer professional. These companies are sedious and lude in their approach to advertising. Personally, I'd like to see each CEO indicted on charges od computer fraud and invasion of property and privacy.
Reply to this comment View all 2 replies
It wasn't ZoneLabs
by dona83 December 2, 2005 5:48 AM PST
I hated 180Solutions and everything else that came into my
computer WAY BEFORE I knew there were solutions to remove your
software, and it was extremely painful finding the right solutions.
Thankfully I found Lavasoft Adaware and Microsoft Antispyware,
but in the relentless defensive stance I've seem to have taken not
only on my computer but surprise every other PC that my friends,
family, etc. had, I switched to a Mac.
Reply to this comment
How about a legal defense fund for ZoneLabs
by ram1901 December 2, 2005 6:55 AM PST
Is there a legit way we can set up and contribute to a legal defense fund for Zone Labs to help in the fight again adware pop ups.. I'd be the first to contribute..
Reply to this comment View reply
Spy-adware
by sderf December 2, 2005 7:40 AM PST
Will someone tell me who put the people in charge of all the computers in the world. For some reason these folks think they own my computers. If I wanted this junk on my computer I would ask for it. I am all for a law like the no call list to fine all the folks or put them in jail if they get on my computer without permission.
Lets just think that my computer is copyrighted so if you mess with it throw you in jail or fine you for a million dollars or so.
derf
Reply to this comment
AD-ware?SPY ware
by aqvanavt December 2, 2005 8:20 AM PST
They say that there is a equal reaction for every action and for the most part I have to say it is so. There are those who wish to INVADE my computer and do so as if by right. I say, ok I'm a little guy and don't have a lot of teeth to fight back with so I arm myself with the best firewall and anti-spy/adware stuff I can. Thank you Sygate, Lavasoft, Spywareblaster and Mozilla Firefox. However having this go to court is just too scary. Their apt to say that not only can they keylog but that the Government must do so to protect the rights and freedoms of every American. And if YOU didn't have something to hide...well, YOU wouldn't compain would YOU.(insert evil laugh here)
Oh, and thanks Symantec for !@#$%^&*() with my firewall. If you think I'm buying yours forget it.
Reply to this comment
180 deserves everything they get
by December 2, 2005 9:12 AM PST
As a former computer technician, 180 solutions was a popular spyware/adware that I would find on people computers, and not one person knew it was there or why. It is one of the nastier adware programs I had to deal with, and usually took several programs to fully remove all traces of it.

They deserve to be run out of business.
Reply to this comment
As Expected 180 - You're scum
by andrewpugh December 2, 2005 10:16 AM PST
As a technician spending a large % of my last 2 years removing this rubbish from customers computers who had NO IDEA it was on there and never knowingly gave it permission to be installed in the first place I speak with some bias.

180 have knowingly abused millions of people via completely immoral and legally questionable methods, to make themselves money - now we seem surprised they are suing more innocent people to get what.... more money.

How these people are not in jail I do not know. Are there no decent lawyers out there willing to suit up? A class action with soo many people could actually bankrupt the owner of 180 and put a stop to this theft once and for all.
Reply to this comment
Right
by root1223 December 2, 2005 10:21 AM PST
"180solutions says that because it uses the programming function Windows API Hook, which can be used to track keyboard strokes and mouse movements, Zone Labs erroneously concluded that it's taking advantage of the function in this way."

What part of using a function that can track your keystrokes do they think is alright? Sounds like a keylogger to me. I don't know who is the most idiotic...180 Solutions or SCO. They both rank high on the idiocy meter in my opinion.
Reply to this comment
Legal Defense Fund
by December 2, 2005 10:40 AM PST
Go out and buy a copy of their software. Show'em you support them.
Reply to this comment
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