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Story URL: http://software.silicon.com/malware/0,3800003100,39131068,00.htm

Symantec asks court to brand Hotbar.com 'adware'
So users can easily uninstall the browser tools...

By Dan Ilett

Published: Wednesday 08 June 2005

Security firm Symantec has launched a legal battle against a web browser tool company in a bid to label them as adware promoters.

The antivirus giant, which denied it was seeking damages, is asking a court in California for the right to call programs from Hotbar.com 'adware'.

Symantec has argued that the programs are a threat to the internet and that a ruling against Hotbar would allow customers to uninstall the programs with the security firm's software.

Joy Cartun, senior director of legal affairs for Symantec, said: "By asking the court for clarification on this issue in our favour, we hope to continue alerting our customers about the presence of these program files, protecting them against possible security risks. Through this effort, we're trying to ensure that our customers have more control over the programs that run on their computers."

Hotbar was not immediately available for comment.

The case highlights the legal problems security firms are facing in their attempt to define spyware. Some firms use terminology other than 'spyware' and 'adware' to avoid libelling companies. Computer Associates, for example, uses the word 'pest' to describe spyware.

An IT lawyer who wished to remain anonymous told silicon.com: "Part of the difficulty in defining concepts is there is no common understanding of what constitutes adware or spyware. While legislation in this area is developing, until there is some certainty around what constitutes spyware and adware, security companies will have to be very careful in using the terminology, for fear of the software developers threatening legal action."