The Courtroom: Silencing the Critics: DirectRevenue & MyPCTuneUp
Eric Howes is just the latest of spyware critics to receive a cease and desist from a company called Direct Revenue LLC. The story breaks at Broadbandreports where Eric mentions the problem surrounds MyPCTuneUp.com and Spyware Warrior. The C&D letter can be found here. Eric's response is located here. Of interesting note is the last paragraph in the response...
Spyware Warrior seeks only to offer consumers and citizens useful information about advertising software and the "anti-spyware" products available to remove such programs. Although we are always happy to correct information that is proven to be in error, Spyware Warrior will not hesitate to avail itself of any and all legal remedies to defend its right to publish such information, including but not limited to the State of California's "anti-SLAPP" law (see "Code of Civil Procedure," Section 425.10-425.16 a http://caselaw.lp.findlaw.com/cacodes/ccp/425.10-425.16.html), a statue which provides for strong penalties against those who seek to intimidate critics into silence.
There has certainly been a rift in 2005 where spyware critics are getting served C&Ds. Some of those are backing down, and others are not.
