http://dockets.justi...cv05680/249708/ Actually I would like to interject into this coversation and go directly back to what Chris Prestely said:
[quote]Chris Priestly wrote...
6) I’ve seen reports that Origin is spyware. Is this true?Origin is not spyware, and does not use or install spyware on user’s machines. In order to allow Origin to install games and their patches for everyone to use, Origin implements a permission change that results in Windows, not Origin, reviewing the filenames in the ProgramData/Origin folder. This is an ordinary Windows function, not an information-gathering process.
[/quote]
Now let actually consider a definition of Spyware, for example, provided by Norton:
www.symantec.com/security_response/antispyware_approach.jsp#defining[quote]
Defining Spyware and AdwareWhile there are many similarities across the definitions used by industry groups, academics, antispyware companies, and others, the industry has yet to arrive at a common description for this quickly evolving and often confusing area. Symantec defines spyware and adware as follows:Spyware: Programs that have the ability to scan systems or monitor activity and relay information to other computers or locations in cyberspace.
Among the information that may be actively or passively gathered and disseminated by spyware are passwords, log-in details, account numbers, personal information,
individual files, or other personal documents.
Spyware may also gather and distribute information related to the user's computer,
applications running on the computer, Internet browser usage, or other computing habits.
Spyware frequently attempts to remain unnoticed, either by actively hiding or by simply not making its presence on a system known to the user. These types of programs can be downloaded from Web sites (typically in shareware or freeware), email messages, and instant messengers. Additionally, a user may unknowingly receive and/or trigger spyware by accepting a EULA from a software program linked to the spyware or by visiting a Web site that downloads the spyware with or without a EULA.
....
Symantec's definitions do not imply a
value judgment on the appropriateness of spyware and adware programs or the businesses that support their development and distribution. Symantec's definitions describe the functionality of these programs so that they can then be classified according to their risk profile. [/qoute]
Now lets for a moment ignore the privacy issue. (just for a moment) By the Norton's anti-spyware
protocol defintion, then Origin is low-risk spyware because it collects information about on application called Orgin and Orgin's registered game applications regardless whether or not it sends privacy information. Unlike other malicious forms of protocol defined spyware, Origin does it actively and visibly to the user. In fact,
Mr. Chris Presely is correct that Origin
uses an ordinary Windows function, which is same Windows function that Windows Updates and make
Windows Update Spyware. In fact
by protocol definition Window Update, Window's Help, Window's Fix-It, Apple Update, Itune's Update, Mcaffee's Update, Norton's Update, and even Spysweepers update are all low-risk spyware not just Origin or Steam. Notice now, that I underlined the sentance's with unnoticed. Its important because is the fundamental difference between legal and protocol defintions of spyware. For something to legally be considered spyware it must be passive and go unnoticed by the user.
So in the legal sense, Mr. Chris Presely is correct that Origin is not spyware because it activates this same Windows function that requests user approval each time it changes windows or sends information out.
Now for those of you nay-sayers still out there, the solution is simple you don't want spyware you don't let it install and change the Orgin system files to your behavior. However, at least recognize its the same spyware you agree or agreed to each time you do a Window Update. (I mean this literally that the .txt and .dat file that stores you user information sends stuff out every time you install a new game or DLC. For most normal applications its part of the, ""create a save point"", ""regesterion check", and/or "file check" sub-processes you see in the Setup window. ((For you computer savy people, yes this same Window function sends out something every time you access and application like MS Word. However, in the MS Word case its sending out a Kernel registery key (literally the .reg) to Microsoft.com server see if it matches the registery key that you registered on live.com or the actual server database with. Because the .reg was created by Origin the first place, should not ever change, its not considered Spyware by Norton or even Window's protocol code. When it updates and installs something new it checks the entire orgin applications and all the other information files that may have changes as you played.))
If anything Origin need to have something so the user can specify how often and when it updates, which I pretty sure by the time I write this it already has or will have.
____________________________
[quote]Lumikki wrote...
[quote]Dr Bob UK wrote...
Origin isn't spyware.[/quote]
Origin client is spyware like.
Maybe not by normal defination of spyware. As usually spyware has to stay hidden, but when it's forced, what's the different. Example if you install spyware in someone else computer and the person knows that there is spyware, but can't remove it. It doesn't make it less spyware.
In my eyes any program that collects information from users, so that user it self doesn't know or can't stop this information collection and software will send that information ourside of users computer to someone else, is spyware.
Now just because we know that Origin collects information,
if we read the EULA, what most people does not. Doesn't change facts that you can't avoid this information collection. Origin still collects information about users behavior, like what softwares user is using and so on.
Only way to avoid this spying is STOP PLAYING EA GAMES, what are connected to Origin client.
[/quote]
Now I would like to move on to something different that I really
never got an answer from Chris Presely about.In EA/Orgin EULA there is a statement that says "YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND EA FOREGO THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL." in a section about abitration. If you read the about arbitration section there is the express intent that EA wants to resolve its issue via an alternative means first rather than going to court.
However, my issue with it is the fact that Playsation is being sued right now over this same clause in Fineman v. Sony Network Entertainment International LLC et al.
You can read documents about the case here:
http://dockets.justi...cv05680/249708/ My question was how close is EA legal team watching this case?