is it legal?

[Corwin]

edited SEO

[Banned: bidawinner]

Ethics aside because it's clear you dont care about that part.. yes it'slegal and no it is not legal depends on which Court Case you wish to refer too.

So it's upto you if you want to risk being sued or not

Originally Posted by bidawinner

Ethics aside because it's clear you dont care about that part.. yes it'slegal and no it is not legal depends on which Court Case you wish to refer too.

So it's upto you if you want to risk being sued or not

LOUDcash is not responsible for any content provided by third parties, including advertisers, or for any third party sites that can be linked to/from the Intellectual Property. LOUDcash and its licensors make no other warranty of any kind, whether expressed or implied, including without limitation, warranties of merchantability, fitness for a particular use, and non-infringement.

Affiliate shall indemnify, defend and hold LOUDcash harmless (including LOUDcash's legal and expert fees) against any and all damages, claims and awards brought or assessed against LOUDcash, resulting from a breach of any warranty, representation or covenant made by Affiliate under this Agreement; or arising from any action against LOUDcash arising from Affiliate's use or display of LOUDcash's Intellectual Property or arising from any breach by Affiliate of any of the provisions or requirements of this Agreement, provided that LOUDcash promptly notifies Affiliate in writing of any such claim and promptly tenders the control of the defense and settlement of any such claim to Affiliate at Affiliate's expense and with Affiliate's choice of counsel. LOUDcashshall cooperate with Affiliate, at Affiliate's expense, in defending or settling such claim. Affiliate will not enter into any settlement or compromise of any such claim without LOUDcash's prior consent, which shall not be unreasonably withheld.

LOUDcash may change this Agreement at any time upon publishing a notice in LOUDcash. Any use of the Intellectual Property after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications

So In otherwords ..If someone sues you because Loudcash filled their computer with garbage you are on your own..

You are signing an agreement with a company that allows spyware to be downloaded on the uninformed... that says that they arent going to be held liable.. and YOU are signing thats..

Go ahead roll the dice

[Ovicide]

Originally Posted by Corwin

i would like to know if www.loudcash.com is legal

Thanks for pointing out that thread. I didn't know about Loudcash.

It looks as though most people who are using Loudcash are satisfied with it.

I'd like to read an informed legal opinion about it, also.

[Corwin]

edited seo

[Banned: bidawinner]

Corwin ..exactly what would you expect Loudcash to tell you .. lol

The Bottom line is this ..if anyone ever sues you because of the crap served up by the loudcash toobar you are serving up or any of the 3rd part programs that load up on peoples computers ..Loadcash is saying once you agree to become an affilaite that you are agreeing you wont hold them liable..

Like I said ..go aheead and roll the dice

As far as Loudcash being to cheap to to buy a DNf membership...wellthat speaks for itself

As far as being Legal .. these spyware programs have been on both sides of the legal decisions..I dont believe loudcash has been around long enough to geerate any suits .. but I will bet they will .
Here is a part of the Bill moving throughthe house now

Judiciary's Internet Spyware Prevention Act of 2004, dubbed "I-SPY," carries criminal penalties, including up to five years of jail time, for those who add software to computers without users' know"ledge or authorization"

now Loudcash is going to tell you that it's fine because people are giving concent...

But howmany peopel doyou think REALLY givetheir concent ? and whenthe craphits the fan ..remember you signed a Loudcashes agreement .you arent going to hold them liable.. so who gets the short end of the stick when it alcomes tumbling down ?

Go ahead roll the dice .. the facts are the odds are in your favor..besides if it ever goes wrong you you gets the stiffest penalty you'll be out in 15months on a 5 year .

At best all you have to worry about is your what your conscious and ethics..but hey it's your life and if you want to throw away your ethicsfor a fewbucks and are willing to do time or pay heavy fines if it ever goes wrong .. have it

[jberryhill]

So In otherwords ..If someone sues you because Loudcash filled their computer with garbage you are on your own..

That's not what that says.

What it says is that you will not hold Loudcash liable for things that result from your malfeasance, breach of warranty made under the Agreement, etc.

As for legislation that is merely sitting in committee:

http://thomas.loc.gov/cgi-bin/query/z?c108:H.R.4661:

I can't see how it would apply to most of what is commonly called 'spyware' in the sense of stuff that watches what you do and serves ads, since what is required, and again, this is not even a law yet, is:

-----
`(a) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and intentionally uses that program or code in furtherance of another Federal criminal offense shall be fined under this title or imprisoned 5 years, or both.

`(b) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and by means of that program or code--

`(1) intentionally obtains, or transmits to another, personal information with the intent to defraud or injure a person or cause damage to a protected computer; or

`(2) intentionally impairs the security protection of the protected computer;

shall be fined under this title or imprisoned not more than 2 years, or both.
-------

You have to have an actual intent to do the things I've highlighted in bold. If your intent is to serve ads and collect PPC revenue, then how on earth would that be intending to defraud, intending to injure, intending to cause damage, or intending to impair security protection?

As far as the question, "Is Loudcash legal?" goes - I can't quite interpret what the question is driving out.

Is selling Microsoft software legal? Yes. Does Microsoft software do anything illegal? I have no idea. There is 128 bit encryption products in there which can't be exported.... They've been accused of anti-trust violations, patent infringement, gosh all sorts of things.

Does Loudcash software scour people's computers for credit card numbers and send them to some kid in Russia? I don't know.

[Ovicide]

Originally Posted by jberryhill

That's not what that says.

What it says is that you will not hold Loudcash liable for things that result from your malfeasance, breach of warranty made under the Agreement, etc.

Thanks for reading their terms of service, and for commenting, John.

My wish is to avoid accidentally breaking the law, or accidentally inviting trouble.

I may give Loudcash a try.

[Banned: bidawinner]

Originally Posted by jberryhill

`(1) intentionally obtains, or transmits to another, personal information with the intent to defraud or injure a person or cause damage to a protected computer; or

`(2) intentionally impairs the security protection of the protected computer;

shall be fined under this title or imprisoned not more than 2 years, or both.
-------

You have to have an actual intent to do the things I've highlighted in bold. If your intent is to serve ads and collect PPC revenue, then how on earth would that be intending to defraud, intending to injure, intending to cause damage, or intending to impair security protection?

I disagree about your interpretation of Intent John.

It's clear that the affiliate understands that in the PROCESS of serving ads through this program disruption havaoc will occur on the recepients computer, the affilaite to be already acknowledges this ... Intent is very clear ..their Intent is to Profit while in the process of damaging and inmnpairing the receipienst computers.

Now I certainly am not an attorney but I'll bet you any attorney worth his salt could use that angle of attack and shred the defence to pieces.. everyone who has posted about these types of programs ADMITS they screwup the recipients computers.

You are saying that it isnt logiocal for the affiliate to damage the hands that feed them.. but thats easily put to rest with simply looking at the Tabacco industry .who Kill their customers !

[Tony]

If you have never downloaded a loudcash active x then you have no right to talk crap about it. It installs much less programs then many of the others out and uses much less system resources then many of the others.

[fabian05]

''Judiciary's Internet Spyware Prevention Act of 2004, dubbed "I-SPY," carries criminal penalties, including up to five years of jail time, for those who add software to computers without users' know"ledge or authorization"
''

what this means is that you can't install software without presenting the 'yes' button.
As long as you run a program like this with activeX controls and force the user to agree yes and have a link to terms and conditions you're legally convered.
Furthermore: This 'spy' act is mainly for US companies,, very hard for any US agency to come after a foreign company.

Just my 2 cnts ;-)

[Steen]

I don't understand how it can be illegal if one willingly downloads software to change/"enhance" their computer experience. Filling it up with ads? I don't see the problem, however you might have an ethical problem with it.

[Mr Webname]

Heroin is said to change/enhance life experience and when injected is done willingly by the recipient - I have my own view of the distributors who profit from it.

[jberryhill]

Now I certainly am not an attorney but I'll bet you any attorney worth his salt could use that angle of attack and shred the defence to pieces..

Defense against what? We are debating a piece of pending criminal legislation that (a) is not the law anywhere, and (b) would involve "an attorney" who is a federal prosecutor.

Do I know that Loudcash's software impairs security of a "protected computer" within the meaning of 18 USC 1030:

the term ''protected computer'' means a computer -

(A)

exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government; or

(B)

which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States;

Without doing further unpaid research here (and it may come as a shock to some here that there are people who make a living practicing law), I'll make an assumption that LoudCash's software is of the variety of software which watches things that go on in one's computer, compares its observations to key events stored on the mothership somewhere, and launches pop-ups etc. based on those key events. It may also hi-jack browser homepages etc.

Yes, I have three children in my house ages 10-16 who use several computers connected to my network at home, and yes, it is a nearly full-time occupation de-lousing those computers about every third day on account of little "surprises" bundled with all of the fun "free downloads" they can't resist. I use spybot, adaware, hi-jack this, two different popup stoppers, and two anti-virus programs, to deal with scumware, spyware, malware, etc. I wouldn't do client-related work on any of those machines for all the tea in China. I'm keenly familiar with what's out there.

But on the assumption, and it is only an assumption, that we are talking about run-of-the-mill adware, and if a specific authorization step is required to install it - e.g. a "yes" button, and if we were talking about an actual law; then I can't for the life of me imagine a jury returning a criminal verdict against, not the person responsible for the software itself mind you, but against an affiliate who provided a referral link to the download, on any theory that the affiliate intended to cause a breach of security on a "protected computer" as defined above.

There are a lot of stupid, annoying, unethical, bogus, and bad things in this world which are not illegal. But this legislation looks to be targeted at something significantly more nasty than garden-variety adware.