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Surveillance Software Maker Challenges Anti Spyware Company Based on Breach of Licensing Terms Agreement
A recent report reveals that RetroCoder, the maker of surveillance software capable of logging keystrokes and taking screenshots of computer users’ activities, is threatening to sue Sunbelt Software, the maker of an anti-spyware program. RetroCoder claims that Sunbelt violated the terms of its product download agreement by downloading the surveillance software for the purposes of flagging it as adware or spyware in its anti-spyware program. The product download agreement expressly prohibits use of the software by an anti-virus or anti-spyware company for anti-spyware research. Critics, however, argue that such provisions would likely be unenforceable. They point out that these restrictive licensing terms may be found to be unconscionable, unfair, deceptive and otherwise against public policy, and that similar provisions have been rejected by the courts upon challenge in the past.
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