And the Oscar goes to...
No, inserting a tracking method in a product is not an invasion of privacy.
Its the whole providing a product to an end user (free or not) with no notification that it will communicate to a third-party server and not giving the end user any kind of accept/decline authorization for it to do that is an invasion of privacy.
The other programs you mentioned, require you to check mark a EULA. Check out point 7 of this EULA as an example: http://liveupdate.openwares.org/EULA.htm
It is irrelevent that all it does is ping another server.
I'm not sure why my opinion says that to you. It's a complete misrepresentation of what I typed. I am not sure how declaring I wouldn't buy one of your products equals the whole cookie jar scenerio.
Actually, it was my opinion, not an accusation (stated as though it was a formal charge or stating it as though it were fact). Additionally, to prove libel (a false publication, as in writing, print, signs, or pictures, that damages a person's reputation), you'd need to show my opinion was made with maliclous intent, reckless disregard or show it to be a false statement.
as to the section on the criminal activity, I think it is http://cybercrimes.net/98MSCCC/Article4/section4082.html but IANAL.
In any event, as the EULA example I posted above shows, there is legal precedent for the necessity of allowing an end user the ability to authorize or decline communication with a 3rd party server within regards to software on their own pc. There was actually a pretty big case on this years ago. I'll see if I can find the caselaw.
Doesn't matter that it was free, incomplete or that you didn't capture their data. It's irrelevent what your program did or that it was benign. It is the same effect as placing a benign virus in a product and distributing it.
Funny, I thought I said 'same league' not 'a worse criminal', but I suppose you could take it how you like as it was abstract. Where did I attempt to discredit what you did? with my opinion again? oh please *LOL*.
It was your admission of your actions that formed interpretation and opinion of you, so I stand by my belief in my own opinion. I don't expect it to hold weight for anyone other then me.
I apologize if you feel I have somehow slighted your character, reputation or product with my opinion. I don't believe I have ever said you didn't have a right to be angry or that you didn't have a right to pursue justice over the downloads. By all means, the law is on your side in that regards.
I am sure facts all bear out you are ethical, moral, honest, honorable and a wonderful fellow who has been wronged and is now filled with righteous might over the illegal downloads of your product.
Unfortunately, you only have 1 chance to make a first impression with someone -- and that was what I posted my opinion about in regards to you.
Warlord Ralts said:...SNIP...
No, inserting a tracking method in a product is not an invasion of privacy.
Its the whole providing a product to an end user (free or not) with no notification that it will communicate to a third-party server and not giving the end user any kind of accept/decline authorization for it to do that is an invasion of privacy.
The other programs you mentioned, require you to check mark a EULA. Check out point 7 of this EULA as an example: http://liveupdate.openwares.org/EULA.htm
It is irrelevent that all it does is ping another server.
I'm not sure why my opinion says that to you. It's a complete misrepresentation of what I typed. I am not sure how declaring I wouldn't buy one of your products equals the whole cookie jar scenerio.
Thanks for the accusation that I invaded people's privacy and broke federal computing laws. Thanks for the libel. I appreciate your devotion to the facts, as well as the intent and scope of what I did.
Remind me, if I ever regain the ability to really care about things, to reread the section on how I'm a criminal.
Actually, it was my opinion, not an accusation (stated as though it was a formal charge or stating it as though it were fact). Additionally, to prove libel (a false publication, as in writing, print, signs, or pictures, that damages a person's reputation), you'd need to show my opinion was made with maliclous intent, reckless disregard or show it to be a false statement.
as to the section on the criminal activity, I think it is http://cybercrimes.net/98MSCCC/Article4/section4082.html but IANAL.
In any event, as the EULA example I posted above shows, there is legal precedent for the necessity of allowing an end user the ability to authorize or decline communication with a 3rd party server within regards to software on their own pc. There was actually a pretty big case on this years ago. I'll see if I can find the caselaw.
And additionally, if you read it again, this is what was done...
...SNIP...
The "Free Sample"...
Not my complete work.
Doesn't matter that it was free, incomplete or that you didn't capture their data. It's irrelevent what your program did or that it was benign. It is the same effect as placing a benign virus in a product and distributing it.
I like how an attempt was made, both to discredit what I did, and to claim that I am a worse criminal than those who download the RPG material...
Funny, I thought I said 'same league' not 'a worse criminal', but I suppose you could take it how you like as it was abstract. Where did I attempt to discredit what you did? with my opinion again? oh please *LOL*.
It was your admission of your actions that formed interpretation and opinion of you, so I stand by my belief in my own opinion. I don't expect it to hold weight for anyone other then me.
I apologize if you feel I have somehow slighted your character, reputation or product with my opinion. I don't believe I have ever said you didn't have a right to be angry or that you didn't have a right to pursue justice over the downloads. By all means, the law is on your side in that regards.
I am sure facts all bear out you are ethical, moral, honest, honorable and a wonderful fellow who has been wronged and is now filled with righteous might over the illegal downloads of your product.
Unfortunately, you only have 1 chance to make a first impression with someone -- and that was what I posted my opinion about in regards to you.