PROSECUTION

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Users that installed Digsby long time ago agreed with EULA that did not have a paragraph about using computer resources while idle. That module was forced upon them via auto update and was enabled by default without even noticing them of it. Also, there is nothing in the EULA that makes users agree to check their blog regularly to find out what Digsby is up to.What they did was clearly wrong and I would have a hard time trusting them again.

Posted by Sx 12 Months ago. as a reply to this argument

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I dont think the legality is in question, but the morality of the trickery used. (meaning the auto opt-in) i don't think any of us would take issue if the crawling and whatnot were auto disabled, and gave you the option of enabling.

Posted by Neondemon 12 Months ago. as a reply to this argument

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Users being subjected to grid computing without very specifically opting in as a choice (read - check for yes) is nothing more than dishonest. It's not like the Digsby devs didn't know what they were doing by not including this option in the installer and then burying the disable button in the help section of options. Transparent? I think not.

Posted by Thedude 12 Months ago. as a reply to this argument

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Disclosing information in a blog post from months and months ago? What kind of defense is that? Who has the time to read developer notes in a blog about every program they use? The fact that they are going to use your computer to make some money is never clearly mentioned unless you read the EULA. All of the other crapware in the installer is up front so why should one suspect there is something lurking deep inside the help section of options?

Posted by Thedude 12 Months ago. as a reply to this argument

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I agree that EULAs should be read in full. In reality : not only people don't read eulas in their entirety but like with many customer contracts, it is often expected that customers won't bother to read them fully.I still believe Digbsy did something wrong : they knew that if given the choice most people would refuse to install the web crawling component. It was in their financial interest to have as many clients running it as possible. So they chose to hide it and sneak it into people's computers.The problem is not making money , this is what a business is for , the problem is how you make money.I personally have not problem running an IM client like MSN with ads.The key here is : giving a clear choice. I do not like the business model that consists in saying "hey we're free and look : no ads !" while tryting to sneak in crapware and other stuff.They've lost my trust and that of several others.As for a good im client I went back to giving Pidgin a try.

Posted by Galaxstar 12 Months ago. as a reply to this argument

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DEFENSE

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The original EULA states that the terms and conditions are subject to change without notice. This is like saying that your bank decided to change your interest rates without asking your permission first. Are you just never going to trust your bank again because they changed their policies and didn't give you a warning? It's standard procedure for any company with a very large user base that when they change a policy, they simply change it. If you get a notification telling you about it, then that is simply a courtesy, but they are under no real obligation to do so.

Posted by D14bl0 11 Months ago. as a reply to this argument

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From the December blog, clear as day: The module turns on after your computer has been completely idle for 5 minutes (no mouse or keyboard movement). It then turns off the instant you move your mouse or the press a key on the keyboard. We did this so it would have absolutely no effect on your computer’s performance and only uses processing power while your computer is not being used. It also runs as a “low priority” process so if any application on your computer asks for CPU power it will always get it before the research module gets it. Most of you hackers who stay up all night trying to crack into the Victoria's Secret rough cuts to actually see a woman for a change shouldn't worry, since you have to be AWAY and IDLE for a while, rather than sitting there surfing with only one hand.

Posted by Conspiracy Theory 11 Months ago.

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Well, Galax, I guess you've left Digsby then?

Posted by Conspiracy Theory 11 Months ago. as a reply to this argument

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Neo, I would imagine that none of us would take issue if our social security numbers, tax dollars, driver license numbers, and other private information wasn't distributed across the ether-world every day. The issue remains: look carefully at things that are free. Look carefully at things in general. Good luck buying a house, for instance. The seller doesn't have to disclose each and every thing that would dissuade you from buying. I think a lot of people who are upset here about "trickery" certainly don't mind using their own innovative minds to accomplish things. And I hardly think that protein folding alogorithms is some heinous activity to rant against.

Posted by Conspiracy Theory 11 Months ago. as a reply to this argument

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I would imagine that the old EULA said "subject to change." Digsby is free. Stop whining about your handout and keep up with the TOS and new disclosures.

Posted by Conspiracy Theory 11 Months ago. as a reply to this argument

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CASE SUMMARY

CASE HIGHLIGHTS

PROSECUTION

DEFENSE

CASE ARGUMENTS

PROSECUTION

DEFENSE