more on Spyware as Trespass?

[David Farber <dave () farber net>]

Begin forwarded message:

From: hugh crawford <hugh () hughcrawford com>
Date: October 16, 2005 3:31:40 PM EDT
To: dave () farber net
Subject: Re: [IP] Spyware as Trespass?


Dave, perhaps an Interesting Person can shed light on this.

 In light of the lawsuit mentioned in the Spyware as Trespass? mailing


"A federal trial court in Chicago has ruled recently that the ancient
legal doctrine of trespass to chattels (meaning trespass to personal
property) applies to the interference caused to home computers by
spyware."

...

"
 Sotelo v. DirectRevenue, the plaintiff filed a complaint against
various defendants alleging that, without his consent, the defendants
caused spyware to be downloaded onto his computer. In a nutshell, the
plaintiff alleged that the spyware tracked his Internet use, invaded his
privacy, and caused damage to his computer.

The plaintiff alleged the following five causes of action: trespass to
chattels, consumer fraud, unjust enrichment, negligence and computer
tampering, and he sought monetary damages and injunctive relief
prohibiting the offending conduct.
"
What about the audio CD copy protection schemes that automatically  
install and run software in the customer's PC without notice or  
permission? From what I understand they use the autorun feature on  
Windows to install new device drivers that cripple certain aspects of  
the computer, and on Macs simply lock up the drive requiring a visit  
to Apple service.

They seem to fit the description of "trespass to chattels, consumer  
fraud, unjust enrichment, negligence and computer tampering"

Would a ruling against spyware cover such protection schemes that  
surreptitiously install new device drivers or otherwise impact the  
functionality of the user's computer?

 Are there any lawyers on this list that would care to explain /  
speculate?





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