BearshareSurvey - DidYouKnow...
 

Hello Bearshare Users

Im just doing a survey
Here goes

Are you aware that your copy of Bearshare contains SpyWare ?


SpyWare is anonymous surveillance for profit.
SpyWare is any program running in the background tracking your web browsing habits which get recorded & sent out to a server on the web.

If you were aware of the SpyWare program(s) hidden inside BearShare would you still have downloaded it ? or searched for a spywareless gnutella client ?

for more info, search for spyware on the net

please reply with your answers & any comments
Thanks in advance for participating in this survey

Ha, ha!
 

Man, you have been under a rock for a while haven't you! :confused:

Why don't you go download a current version of BearShare, so you at least have some idea of what you are talking about.

If you are going to try to tear someone else down, making a fool out of yourself is not the smartest way of going about it. :p

Re: BearshareSurvey - DidYouKnow...
 

You should rephrase your questions as follows:<ol>
<li>Are you aware that your copy of Bearshare contains SpyWare [if you choose to install them]?</li>
<li>SpyWare is anonymous surveillance for profit [, and that revenue is needed because banner ad revenue by itself doesn't cover the cost of developing, distributing, and supporting BearShare].</li>
<li>SpyWare is any program running in the background tracking your web browsing habits which get recorded & sent out to a server on the web [, and that information is not associated with what you share or download through BearShare].</li>
<li>If you were aware of the [optional] SpyWare program(s) [which are described while installing BearShare] would you still have downloaded it?</li>
</ol>

I respect you CycloCide
 

You are a good man, CycloCide. You try to help and educate everyone, even people like that.

I try, but sometimes I just can't do it. :( But then I just sink down to their level. :eek:

im the original survey poster
 

hmmm, ok Cyclocide

Fair enough....
.... truth is i havent downloaded Bearshare to check out which spyware programs it contains or what the "opt out of spyware" options are like.
I have been reading alot about spyware recently & was very disapointed to find out that bearshare contained some.
Since i did not know what spyware was until recently, i was curious as to how many bearshare users know about it.... hence the survey.
You say the spyware is decribed during the install process... is it described in the 19th paragraph of the 23 paragraph user license agreement written in that tiny text that no-one ever bothers to read ?
I doubt bearshare goes out of its way to inform users about it. Of course I havent even checked for myself so,
bearshare users,
please feel free to enlighten me on this subject...

Does it explain _clearly_ so that someone who doesnt know about spyware will be educated enough about it that they can make an informed decision?
From what i can gather on the subject, most instances of spyware are on the shady side and they bank on the fact that you wont notice it or trust you the program enough to click "OK" on all the options .
Im not against Bearshare making some money for all their effort & time.
I am against software makers abusing consumer trust.
and ZeroShadow, dont worry about falling to my level cause I have been elevated to a higher level by Cyclo's helpful & educational attitude.
we're on the same team here, what am i? an RIAA employee? : )
-----------------------------------------------
Under S. 3180, of the proposed "Spyware Control and Privacy Protection Act," manufacturers that build spyware into their products must give consumers clear and conspicuous notice - at the time of installation -
that the software contains spyware. Such a notice would describe what information would be collected and to whom it would be sent. The spyware would then be forced to lie dormant unless the consumer chooses to enable it.

Onflow screenshot:

http://www.gnutelliums.com/graphics/...are/Onflow.gif

New.net screenshot:

http://www.gnutelliums.com/graphics/...re/New.net.gif

SaveNow screenshot:

http://www.gnutelliums.com/graphics/...re/SaveNow.gif

Select Components screenshot:

http://www.gnutelliums.com/graphics/...Components.gif

License Agreement:

Contents
--------

1. Introduction

2. Bundled Software

3. BearShare License Agreement

4. SaveNow License Agreement

---------------
1. Introduction
---------------

BearShare allows you to share, search, and download any type of file over the Internet or local area networks, as well as publishing your own content using its built-in web server.

Installation includes the Onflow Rich Media player, New.net Domain Names, and SaveNow from WhenU.com, Inc.

-------------------
2. Bundled Software
-------------------

This software is provided free of charge, requiring no payment from you whatsoever; In exchange, installed with BearShare are some small programs from other companies. Some bundled software allows you to view high quality advertisements, and some helps you save money when shopping on the web. We hope that this exchange is agreeable to you, it helps us produce free software! If not, we apologize for any inconvenience - you may uninstall the bundled software and use BearShare for free, as our guest, or you may uninstall BearShare entirely.

BearShare and the bundled software components are completely separate, and have their own uninstallers (through Add/Remove Programs). BearShare does not report information about you except as required to support the Gnutella protocol. Thank you for downloading and trying BearShare!

The Onflow Rich Media player allows web sites to display high quality animations if they want. This plug-in allows Onflow, our business partner, to calculate what sort of advertising contents you personally would be most interested in seeing on the sites that support it. This is of benefit to Onflow's advertising customers. Please support our free product by supporting Onflow! For more information about the plug-in and Rich Media, please visit http://www.onflow.com

The New.net plug-in allows you to see sites with all the new top level domains, such as .shop, .sport, .chat, .free, .mp3 and 15 more. New.net provides top level domain name resolution, as well as domain name registration services. Use of the New.net plug-in is governed by the Terms of Use, available at http://www.new.net/policies_terms.tp . For information about information collected by the New.net plug-in and its possible uses please visit these locations: http://www.new.net/policies_privacy.tp and http://www.new.net/policies_software.tp

------------------------------
3. BearShare License Agreement
------------------------------

By installing or running the program, you agree to be bound by the terms of this software license agreement. If you do not agree to the terms, do not install or use the software.

The BearShare installer, executables, documentation, and logo images ("Software") are provided to the End User for use only under the following terms. Free Peers, Inc. reserves any right not expressly granted to the End User. The End User owns the media on which their copy of the Software is stored, but Free Peers, Inc. retains ownership of all copies of the Software itself. The End User assumes sole resonsibility for the installation, use and results obtained from use of the Software.

1. License.
End User is granted a limited, non-exlcusive license to do only the following:

A. Install and maintain the software on one computer at any time.

B. Make one copy in machine-readable form solely for backup or archival purposes for the computer on which the Software is installed. The Software is protected by copyright law. As an express condition of this License, the End User must reproduce on the copy Free Peers, Inc. copyright notice and any other proprietary legends on the original copy supplied by Free Peers, Inc.

C. Transfer the Software and all rights under this License to another party together with a copy of this License and all written materials accompanying the Software, provided the other party reads and agrees to accept the terms and conditions of this License.

2. Restrictions.
The End User may NOT sublicense, assign, or distribute copies of the Software to others. The Software contains trade secrets. The End User may NOT decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human readable form. THE END USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 1.C ABOVE

3. Protection and Security.
The End User agrees to use its best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. The End User acknowledges that the Software contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to Free Peers, Inc.

4. Termination.
This License is effective until terminated. This License will terminate immediately without notice from Free Peers, Inc. if the End User fails to comply with any of its provisions. Upon termination the End User must destroy the Software and all copies thereof, and the End User may terminate this License at any time by doing so.

5. Disclaimer of Warranties.
THIS SOFTWARE IS PROVIDED BY FREE PEERS, INC. AND CONTRIBUTORS 'AS IS' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL FREE PEERS, INC. OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

FREE PEERS, INC. HAS NO CONTROL OVER ANY INFORMATION OR DATA SENT OR RECEIVED ON ANY GNUTELLA NETWORK. FREE PEERS, INC. MAKES NO GUARANTEES AS TO SUCH DATA. END USER ACKNOWLEDGES THAT CONTENT OBTAINED THROUGH THE GNUTELLA FILE SHARING NETWORK IN NO WAY IMPLIES ENDORSEMENT OR LIABILITY BY FREE PEERS, INC. FREE PEERS, INC., ITS OFFICERS, EMPLOYEES, AND AFFILIATIES SHALL NOT, DIRECTLY OR INDIRECTLY, BE LIABLE, IN ANY WAY, TO YOU OR ANY OTHER PERSON FOR THE DATA YOU RECEIVE USING THE SOFTWARE. BY USING THE SOFTWARE, END USER ACKNOWLEDGES THAT THEY TAKE FULL RESPONSIBILITY FOR THEIR ACTIONS, AND FREE PEERS, INC. AND ITS CONTRIBUTORS MAY NOT BE HELD LIABLE FOR ANY OF THEIR ACTIVITIES.

6. General.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Free Peers, Inc.

7. Acknowledgement.
BY INSTALLING THIS SOFTWARE OR USING IT, THE END-USER ACKNOWLEDGES THAT THEY HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

8. Copyright.
The trademarks BearShare, The Power To Share, Defender, FreePeers, and FreePeers Agent are Copyright(C) 2001 by Free Peers, Inc. all rights reserved worldwide, and may not be used without permission.

© 2000, 2001 Free Peers, Inc.

----------------------------
4. SAVENOW LICENSE AGREEMENT
----------------------------

LICENSE AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND USING SAVENOW (THE "SOFTWARE") PROVIDED BY WHENU.COM, INC. ("WHENU.COM"). USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE AGREEMENT (THE "LICENSE AGREEMENT"). BY INSTALLING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN. WHENU.COM RESERVES THE RIGHT TO REVISE THIS LICENSE AGREEMENT AT ANY TIME.

Functionality

SaveNow shows users relevant contextual information and offers as they surf the Web. There are a vast number of great offers and services available throughout the Internet. In addition, we negotiate a number of exclusive offers to maximize value for our users. SaveNow's goal is to show users information about these offers and services - right at the moment when they need it. SaveNow's offers and information are provided to users by showing a limited number of relevant interstitials or "pop-up ads" when users visit various sites across the Internet. SaveNow's offers are delivered independently from the site the user happens to be visiting when he/she sees a SaveNow interstitial.

The License

The software is licensed to you for your personal, non-commercial use only. Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limitation, you may not: (a) modify or create any derivative works of the software or documentation; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the software; or, without limitation, redistribute, sublicense, or otherwise transfer rights to the software.

Age Limitation

WhenU.com products and services are not available to individuals below the age of 13. By accepting this installation, you are representing that you are not a minor below the age of 13.

Disclaimer of Warranty

You expressly agree that the use of this software is at your own risk. The software is provided on an "As Is" basis, without warranty of any kind, including without limitation the warranties that it is free of defects and errors, fit for a particular purpose, or non-infringing. WhenU.com reserves the right to periodically update and/or upgrade the software at the company's discretion. Your installation of the software indicates your acceptance of potential future updates and/or upgrades to the software.

The information and services provided by the software and/or WhenU.com are similarly provided on an "As Is" basis, without warranty of any kind. The accuracy and reliability of any information content or services provided by the software and or WhenU.com should be independently verified by you as the user prior to making purchase decisions and or any other decisions based on such information content and services.

Privacy

By downloading SaveNow you give permission to SaveNow to display relevant contextual information and offers. In order to provide SaveNow users with such information, SaveNow delivers content based on the URL visited by the user and/or search terms entered by the user into a search engine. SaveNow protects users' privacy by determining on the client side whether or not to retrieve information from WhenU.com servers. Client-server communication takes place only on an as-needed basis, and SaveNow does NOT transmit a full history of URLS visited by the user to the WhenU.com servers. WhenU.com does NOT assemble personally-identifiable profiles of SaveNow users and personally identifiable information is not required in order to use the SaveNow software. WhenU.com may update it's privacy policy and license agreement for SaveNow at any time at the discretion of the company.

Limitation of Liability

To the maximum extent permitted by law, in no event will WhenU.com or its agents be liable for any damages arising from the use of or inability to use the software, including, without limitation, damages to users' systems and/or software and/or data, computer failure or malfunction, computer virus transmission, performance delays or communication failures, security breaches or any and all other damages or losses.

Thanks.
 

CycloCide that is BearShare version 2.2.5 information. In BearShare version 2.2.6 Vinnie has removed Onflow. So now there are only the two thirdparty adware program SaveNow and New.net.

------------------------------

Unregistered Guest sorry I didn't treat you as a Guest. Nice to see that you can be reasonable and admit that you didn't actually test BearShare out. :D I have to admit that even though I like BearShare I still did not install the adware/spyware with it. :D

When I started using BearShare and saw the adware in the installation, I started to worry that other programs might also be doing that, but that they might not be to up front and nice about it (i.e. options to not install) as Vinnie is in BearShare. So I downloaded a program called "Ad-aware" and scanned my computer. I had over 8 different adware/spyware programs on my computer (non BearShare ones). I had got them from my email program, shareware programs, one from a Microsoft program, lots of them and from all over the place. Not one of those programs ever told me they were installing adware/spyware on my computer. The email program wasn't even a free program, I payed for it and it still loaded me up with a spyware program. So to answer your question do other people know this in BearShare (and in other programs), my answer is that I know about this thanks to BearShare. And if it hadn't been for BearShare I would not have know about them in the other programs as well.

After that I realized that since BearShare is so up front about it even given the user the choice to not install the adware/spyware that BearShare was way better then a lot of other programs out there.

After all the reason BearShare is so popular and such a good Gnutella client is because BearShare is being developed so fast. Which is because Vinnie has quit his job at IBM and has been programming full time on BearShare. Any with the BearShare download being free how else can he earn enough money to keep going?

Nice to meet you. ;)

Re: Thanks.
 

Yeah, it looks like I forgot to update my local copy of the installer with the new version.

False Rumors
 

I was very disappointed to see how far people would go criticizing software they haven't researched or tried.

SaveNow is not spyware at all - it does not transmit information about you.

New.net is also not spyware, again no information about you is transmitted.

It could be argued that Onflow is not spyware either, but more of a "strong cookie". Onflow does not transmit information about *you* but it does seem to send information about which of its ads you clicked on or moved over (seems reasonable to me).

Yes, Onflow has been removed from BearShare.

The New.net disclosure screen was removed in 2.2.6 as well, however, language still appears "above the fold" in the license agreement. This was done to reduce the size of the installer by a bit. New.net has resolved the last small issue with their plugin, and it has been demonstrated repeatedly that it is not spyware. Since New.net doesn't show ads or do anything unusual I decided to streamline the installation process by removing the explicit disclosure screen with its accompanying graphic. The option not to install New.net is still provided, however.

Thanks, Cyclocide, for putting in the effort to set the record straight.

Note I was a BearShare user, I didnt stop using it because of the spyware it automaticly installed (in an older version), but I stopped using it because I found a better client (I'll leave it as that), but since I was a user I will answer the questions I would back then.

1) Was I aware? No I wouldn't have. It said it was installing some extra programs that had nice features that I didnt plan to use, but had to install (and they said it helps them out so I thought no problem), It was when I went into the message boards that I discovered that it was spyware, and that the Bearshare developers were irresponsible, they didnt even know for sure if it was spyware or not.

2) If I knew I wouldnt have installed it, I would have kept using LimeWire (the first one I used). Its nice that NOW its not a requirement, but they shouldnt have made it a requirement in the first place, and they should have been aware of what they were installing on other peoples computers (that is they should have been more responsible).

But I let by gones, be by gones (no personal grudge), I dont plan to ever install another BearShare, but that is mostly to do with me not trusting them anymore (they're irresponsible).

Nuff Said...

ahhh gnutella...
 

see this is one of the advantages of gnutella, if you don't like one client you just switch... I personally don't use Bearshare but I do tell others to use it, I also inform them of the spyware... basically bearshare is for windows users and I will admit it has been "idiot-proofed" rather nicely (at least the version that I did install a while ago) you don't need to mess with the options or anything and the network works nicely... it's very much like napster and that's what people want... I don't care if people include spyware in the program... 1) my life isn't that interesting that I worry about others stealing my identity 2) I got the prog for free... if I was paying for it and they felt the need to include the spyware then yes I'd be a little choked...

finally the one thing I dislike about bearshare but I will admit I know little about is, from what I understand, the current threats to eliminate Phex from the network because of bandwidth concerns... Gnutella is supposed to be an open protocol and it's about sharing and helping people... to me excluding clients with what I interpretted as "strong arm" tactics (threatining non-compliance between clients) is a little ridiculous...

Go look at the Phex website. They addmitted that they had problems with their program and they have changed it and released a new version to correct those problems. BearShare was just looking out for the good of the network.

zero those are 2 diffrent aspects of the same issue that is going on here, which you seem to not get. It doesnt make a diffrence what their intentions were, it does not change the fact they threatened phex. You dont pull out a gun and say your going to shoot someone every time they disagree with you, Vinnie basicly was on some power trip and decided to threaten people if they dont do what HE SAYS ("no debate"), sure he had good intentions but that doesnt change the fact he did it, he could have discussed it like a normal adult, but he decided acting like a demented little child was better, and justified it by saying this is for the network that him and Greg built (LOL, as if the users have nothing to do with that). He even was spreading FUD about it, by saying that Phex was responsible for a lot of traffic, when pressed for proof he had none. They are nothing but irresponsible punks (talking to people so arrogantly), that need to change their attitude before it destroys their public relations and reputation. You dont get anywhere in life by treating people like crap and being arrogant.

Cyclocide = Bearshare defender?
 

Cyclocide,

As forum moderator it seems rather odd that you 'educate' forum users on the details of spyware in Bearshare.

Looks like you have more to do with the Bearshare people than meets the eye.

Even if you personally 'like' the Bearshare program, as a good forum moderator you should stay well away from any discussions as to the pro and cons of features and undesirable functions of the software discussed here, and especially not take sites to one or the other.

Next you may 'moderate out' (=censor) articles posted which are against or for a specific program? I hope not.

If you have to voice your own opinion, you really must not do it as moderator, i.e. use a different name.
There is nothing wrong with having your own opinion and voicing it, while being a moderator too.
Wearing 2 hats is quite common, keeping them apart is the difficult bit.

This forum is so very useful to express and find information and concerns about Gnutella Network programs, but being 'educated' by the moderator on a program like Bearshare, which causes so much controversy, should not occur.

Please moderate, but do not speak for or against one or the other programs discussed here in your official function.

Thank you.

JD

Re: Cyclocide = Bearshare defender?
 

I'm educating users about misconceptions they have about the spyware in BearShare.


I don't.

Cyclocide,
you are 'helping' to push the Bearshare 'spyware' issue, by
Quote:
'I'm educating users about misconceptions they have about the spyware in BearShare.'

That's not would a forum moderator should do. It makes you appear biased.

As far as I/we know, Bearshare is the only Gnutella client having spyware bundled with its installation.
Many of us Gnutella users are unhappy with this and want to make others aware of it.

It is not for you or me to suggest how these developers should make money. That is not what the Gnutella network is about and should be about.
If they don't make money with it, they shall do something else.
There will be others who will have fun working on new clients in their spare time.

There are some great clients now around, such as Gnucleus and Gnotella V1.0.
Pure fun to use. No hidden spyware and/or encrypted packets and forceful upgrade behaviour.
So hopefully the Bearshare phenomena will slowly die down, for the good of the Gnutella Network and the cessation of the dreaded 'spyware' talk.

Enough said.

Greetings to you Gnutella fans

JD

Then what am I supposed to do when people post incorrect information?

As the moderator and forum GOD, this guy can do what he wants.
So everyone shut up!

Want to complain about something? Go talk to a local government geek about lowering taxes. That should keep you busy.

Best way to shut them up is the ban them, but do it and it makes you look bad.

Any one in this world is free to be as big an A-hole they want, but then everyone in the world is also permitted to beat the living crap out of an A-hole if they want, no need for government/politics, or any such there crappola. But this also includes moderators, they can be as much an A-hole as they want, but its not attractive to users, and if CycloCide wanted it to be a private club for his best friends to hang out then he would not allow anyone else to post in here, case closed.

So far CycloCide does not appear to be that bad to me (over reactive about it), I think that the Unregistered is just a tad bit over reactive, but CycloCide appear to be an adult about it (there should be more of that), and able to take care of himself with out needing some one telling "everyone shut up!", if CycloCide wanted that to be said he would say it. So calm down.

Mr 'Unregistered guest' who started this thread.

Could you please point out to me where it says a moderator cannot express their own opinion. I apologise in advance if you can.

Also, if YOU decide to download and install a program the onus is on YOU to read the TOS and related instructions, irrespective of how small or irreleavant you believe it to be. Don't come back complaining because of your inability or lasiness to read what is provided for you. If you dont wan't to, don't install it, or put up with what you get.

End of story

I dont think the unregistered was speaking that there was a rule or something, I think he was speaking of ethics. I know what he is talking about, why would any one hang out and discuss here, if it turns out this is a "pro-bearshare" only forum rather then a forum for all kinds of bearshare related discussions (including flaws with bearshare), if we wanted that we would more then likely speak at bearshare.net.

But again I digress I think the unregistered was a tad bit over reacting about the moderator bit. I dont see CycloClides response as being totally biased. It was more informative if anything, not enough to warrant.

I think its rather sad though that this whole thing went off topic way to much, and very few people tried to answer the questions, or at least reform the questions and answered them diffrently.