View Poll Results: Have you heard of this before?
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Yes, I had heard of this issue before and I'm outraged!
Yes, I've heard of this before and frankly couldn't care less.
No, this is the first time I've heard of this and I'm outraged!
No, this is the first time I've heard of this and frankly couldn't care less.
Thread: Ezula - Kazza
08-18-2001, 09:59 AM #16
Update August 18:
The effort to stop ezula has been great as have been the results. Many advertisers have withdrawn from the program, Kazaa no longer installs TextTop by default, it has been reported that ZDNet is no longer offering the Kazza download, and TrustE has revoked thier seal of approval.
We are all doing a great job individually, but the collective effort would be much more efficient if the left hand and the right hand were working together.
With this in mind, and at the request of Harith Al-Jibury from the affiliates union, I have sent an email to Jim of Gethighforums and Steve of Geekvillage, in an effort to "Unite For The Fight". I understand both have thier own sites in the works to help in squashing any future companies that come along, that is a step in the right direction. However, we have a specific fight today, and with the weekend here we will be somewhat limited with our efforts. It is my fear that the ship will lose some of its steam. I have suggested that Steve, Jim and myself sit down and figure out a UNITED gameplan for monday morning, selecting groups of vols. to handle different aspects.
I have faith that everybody can realize the impact that we could have as 1 army instead of several smaller armies, and as with any great fighting machine, it must be better organized.
It was late when I sent my email to Steve and Jim, and speaking for myself, I hit the brickwall lastnight and had to sleep, I am sure they are doing the same. Once I get an affirmative response from both Steve and Jim, we will put our heads together and figure out what is next.
Another local webmaster, Heidi from Knowledgehound.com, and myslef have put our heads together and are working the fight locally in San Antonio in addition to what we are doing on the internet front. We have 2 radio shows lined up, with a possibility of 4 more radio shows,newspaper,and 2 television stations. My media contact is also putting together a list of cable contacts as well as major network contacts for us. He will also be helping us to find a qualified copyright attorney.
I ask all of you to go to both http://gethighforums.com/Forum10/HTML/001409-2.html and http://184.108.40.206/forums/showthread.php?s=&threadid=12229&perpage=15&pagenumber=2 and not only volunteer to join in the fight but let it be known that a united front is what is needed.
I will keep all updated on the efforts to "Unite For The Fight"
08-18-2001, 02:17 PM #17
I don't know
about joining the fight because of lack of resources is one thing, and time is another, but on my page I have put a link to that one page on your site dave that explains it all, and I put it clearly marked and clearly explained below it, I hope this all works out.
08-18-2001, 04:36 PM #18
08-18-2001, 04:37 PM #19
The efforts to stop "scumware" have had great results this far, ezula is no longer set by default to install, Kazaa has lost its TrustE seal, many advertisers have withdrawn, there are dozens of webpages that have been built around this issue, and atleast 2 complete websites are being built now.
With this said, many people have voiced the opinion that we would be better served by organizing our efforts, the left hand working in conjunction with the right would make our efforts much more efficient. As long as the websites being built and all the individual pages continue, an organized front line can only serve to furthur the progress.
Because I have been so outspoken about this issue, I have been asked by a few people to help organize this. Again, because of the passion I feel towards this, I accept. I have enlisted the help of HaHa(knowledgehound.com) to help me in this matter.
Asking that all people maintain the efforts that they have put forth in thier own sites, we would also request that certain efforts also be put towards the "global" cause.
We ask every individual who has strong beliefs on what this current technology will do the internet as we have come to know it to please email us at email removed
We believe the main concerns at this time should be in identifying programs, as well advertisers and affiliate service providers that participate in the theft of our intellectual property. There are other issues that teams will need to be created to handle such as templates team, screenshots team, mailing team, and the list goes on. It is because of the fact that there are so many angles to work that this organizing is needed.
We are no different than any of you, we are all small fish in a great big pond, our time is limited just as your is, but there are certain people taking the little bit of food left that us little fish can eat, if we do not fight in a passionate and efficient manner we will all be belly up.
We ask if you are a part of any community, large or small to recruit others to join in this organized fight. If you are a community leader, please contact us and lets all "Unite For The Fight".
"Unite For The Fight"
Last edited by HTML; 03-21-2005 at 10:02 AM.
08-19-2001, 09:40 PM #20
great job you are doing, i think the affirmative leadership role you are taking on is what this movement needs because this cause has an unlimited supply of outraged webmasters, but without somebody "coordinating" and "managing" everybody's efforts this cause will be stuck in the starting gates.
i think the search for a copyright attorney is a great move, but i wanted to make a comment. it's important to realize that 'copyright' infringement may not exist since this media is new technology that most attorneys may not be able to understand or apply to real world precedents.
however, i believe that when you speak to the attorney it is imprerative that you make them understand that the real copyright issue is the "confusion" among the kazaa download users who do not fully read the complexly written legalese contract telling them that the yellow links are not endorsed or part of the originating web site.
it is important to make it clear to the attorney that mostly teenagers are downloading kazaa for its song sharing technology, and not only do teenagers not read the tos agreement, but their entire family household is now confused about the true source of the yellow links and they will all "believe" that these links are part of the original web page or endorsed by the web page owner, and THAT ISSUE is the real copyright infringement i think.
i think general webmaster anger about anything else has no relevance, since the "overlaying" links might not be copyright infringement per se, but instead it is the "confusion" among family household members as to the true source of the yellow links that is the real point i think (every teenager who downloads kazaa has several other people using their family computer, and those other family members will assume the yellow links are related to the web site owner since it was the teenager who installed the kazaa program).
if the teenager is under 18, then how can the parents be "bound" to the deceptively hidden terms of service contract hidden inside the kazaa download? how can the parents have been expected to "affirmatively consent" to the terms of service if their 16 year old son is the one who installed it?
also, i think a copyright attorney might only be part of the correct type of law, because there are "unfair" competition laws being broken i believe, and this might even be a stronger case than copyright infringement.
in jim's forum, lisasmiles came forward with an ill thought out post for the opposition stating that "consumers want choices" and "who are we to limit consumers from seeing price comparisons on our own web pages so that they get the best deal".
the point to make about unfair competition to the attorney is that in the real world consumers would also probably like competing car dealership representatives to enter the car salesman's office (just before signing the deal) and make competing offers before you sign your contract with the dealership you are about to buy a car from. what lisasmiles (and others) must realize is that these type of "competing offers" being shown by your competitors in your own place of business violate unfair competition or unfair advertising laws (not copyright infringement) and consumers just do not possess that choice to undermine businesses in their own place of business with customers that they attracted to their place of business with their own money.
it would be great to be able to post our web site address on the office wall of ezula's headquarters in San Francisco, but that would be unfair and/or deceptive advertising, but not copyright infringement.
anyway, just be sure and explore the unfair advertising aspect with a qualified attorney and not just the copyright infringement aspects, since they both weigh very heavily i think.
i'll be gone for 4 weeks starting tomorrow afternoon so i can't help until afterwards, but i'll be able to monitor your discussions from time to time while i am gone and i look forward to seeing your progress in organizing this effort.
i didn't have much time to prepare a web site (just a couple hours), but i created a preliminary web site, and to remain anonymous i placed it online at:
i will link it to your request for help and other pages calling for specific action when those pages get created and the movement gets more organized, anyway, good luck and i'll be around after a few weeks.
[i don't like the tripod server or the little tripod pop up, but i want to remain anonymous so i cannot host it on my other domains, hence it is hosted at tripod]
Last edited by HTML; 03-20-2007 at 01:11 PM.
08-19-2001, 11:20 PM #21
you may not be an lawyer
but it sounds like you know a thing or two about law Great case.
08-20-2001, 08:24 AM #22
Great site on the yellow virus!
One thing anyone trying to get rid of ezula needs to download adaware, free from http://www.lavasoft.de
if you want to remove the spyware that comes bundled with it.
Last edited by HTML; 03-20-2007 at 01:11 PM.
08-20-2001, 08:25 AM #23
Blackhole, great to see you posting here. You raise some very valid issues.
IMHO, the best legal avenue to take is that of "Unjust Enrichment", of course with that said the best thing for a lay person to do is gather documentation, lay all evidence in front of a group of attorneys, as well as suggestions for possible recourse, then let them show how they got thier degrees
I am looking forward to hearing back from my contact, probably today, and I intend to follow thru with what information I receive, I do think though that with the threads going on here at http://220.127.116.11/forums/forumdisplay.php?s=&forumid=55 that the battle is just about over. All that is required is a good letter writing campaign to those mentioned in the thread. What is going to make it even easier is when the government finds out they are spreading material that is not even suitable for those over 18. With the surf+/kanoodle partnership, they have stooped to levels Ezula only dreamed of.
A court battle will undoubtedly take atleast 2 years, in that time literally 100's of new companies would arrive on the seen, there would be so many they would be suing eachother for using the others link colors. Now that surf + is sending people who click on the word "them" to sex shops, even from sites belonging to the federal government as well as those of disney and microsoft. The government will act faster than any court of law that you or I would have immediate access to.
I have emailed those that offered there help, and request they continue with screenshots of government sites as well as the largest of the large corporate sites, following up with emails. I would suggest to upload these shots to your url and link to them, do not overflow your legislators mail with attachments. I do not expect many will be doing this, most people only seem concerned with getting websites up and plastering thier names all over them or trying to make money off the situation. The more I study this and the more sites I visit the more disenchanted I have become.
08-20-2001, 08:53 AM #24
Thank you to everyone for doing their bit.
It's going to take time, but this recent move linking to porn sites will certainly hasten our cause.
This technology needs to be stopped, the web is still very much the wild frontier and we need to start enforcing some rules!
A good one would be to determine copyright and ownership of domains.
In the dim dark recesses somewhere I seem to recall a court ruling about illegal linking, where someone linked to anothers site without permission - anyone remember?
08-20-2001, 09:39 AM #25
i agree that a legal solution might take too long, but i am still interested in hearing about any findings that you might become aware of after the next week or two in this regard.
the best solution will be to get the backbone centers to detest web spam as much as email spam, thus preventing isp's from allowing ezula type companies from running a central keyword server, and putting them out of business.
i agree that getting the big boys involved is the best bet too, especially government sites and legislators, they carry the biggest stick in the playground.
i will be linking to many other things, and to some of those things you mentioned also, i will be investing more time in the content of that site definitely.
see ya around dave.
08-21-2001, 12:29 PM #26
Sorry it took me a bit to get a link up. Since you have links to all the other relevant places on your page and in this thread, I linked here.
Keep me posted about news.
08-21-2001, 12:34 PM #27
Rats, my two minute editing limit was met (errrr, Dave, can we extend that time limit a bit?).
McAffee.com is one of the ezula merchants!!! Gotta go yank links.
08-21-2001, 12:58 PM #28
Hi everyone, I downloaded surf+ to gather screen captures and it's amazing to see all websites defaced with green hyperlinks!
Yesterday the surf links were leading to casinos and xxxporn sites, today with the pressure put on filemix the links lead to a search engine, so at least it shows something is up!
I have some interesting screen captures of the Australian Prime Ministers web site with surf + links that lead to a ******, ironic when the oz government has banned internet gambling!
Now I have surf+ I need to get rid of the rotten thing,and the only way is to get into dos!
It has a built in popup window killer...which doesn't work, at times it throws up 100+ windows at me.. quite disturbing when it comes out of the blue!
We need to address this technology as a whole, kazaa, surfplus, gator and smart tags!
believe me it's not a pretty sight, green slashes everywhere...wonder what it would look like if I downed kazaa too, and may as well throw in smart tags too!
This technology is wrong, webmasters must have the right to maintain the integrity of their sites without outside interference.
08-21-2001, 05:10 PM #29
a new issue, and a favor.
If anybody still has the surf+ or ezula could you send me some screen shots of AHFB as well as the urls being linked too. I would like shots of bpth surf+ & ezula, but just send me what you have and I will be greatful.
I spent the weekend trying to get the "big boys" together and working as a team, while Steve at geekvillage was very immediate with a response, and even took the time to call me long distance, Jim from gethighforums never even took the time to say no thanks.
After spending more and more time at gethighforums it has become painfully obvious that his agenda is more of a personal one than that of the entire webmaster community. Many people have built "pages" revoving around the ezula issue, and most of these are understandably branded to thier individual sites, as is that of AHFB. A couple have built or are building entire websites around the issue, stopscum.com has fought the urge to use the issue as a means of self promotion. While the website being built by gethighforums(I am not even going to put a link), looks like a self-promoting billboard. I find it incredibly distasteful and unprofessional, and I am proud to NOT be playing a part.
08-21-2001, 08:38 PM #30
I agree, we need to be united in this fight and not fragment. This technology cannot be allowed to go unchecked and this includes, kazaa, surf+, gator and smart tags.
The potential danger is staggering and must be stopped!