If it walks like a duck…
By Charles Miller

Many times when one attempts to clear things up by defining a few terms, confusion and disagreement may result. Such is the case when trying to classify adware, spyware and other malware.

Those readers who have not purchased a new brand-name computer in the last few years might have missed seeing what the big-name computer companies are doing now. I have to admit that I have largely missed out on these developments because, though I have bought a new laptop recently, the first thing I always do is to wipe the computer completely clean of everything installed by the manufacturer and reinstall a clean copy of Microsoft Windows.


What has become standard industry practice with companies such as Acer, Dell, Compaq, Gateway and others is that they pre-load many software programs that are not a part of Windows. The practice has good points and bad, and lately the scales have tipped in the direction of this being not so good.

The case of Dell Computers and the “MyWay Searchbar” is old news; however, the facts are now well documented. The “MyWay Searchbar”—also known as “MyWay Speedbar”—is an intrusive application that spies on users’ surfing habits, impairs computer performance, changes browser settings and is very difficult to remove.

Dell’s marketing department says MyWay is not spyware, but their own tech support department says it is. I say, “If it walks like a duck, if it quacks like a duck, then it very likely is a duck!”

As spyware goes, MyWay is mild. MyWay is owned by IAC Search & Media (formerly Ask Jeeves). They were a very reputable and highly respected search engine and portal. Unfortunately, MyWay started distributing their toolbar using some very disreputable methods.

They say you are judged by the company you keep. MyWay decided to team up with the now defunct peer-to-peer music sharing program Grokster which included “sponsor” software bundled into their installer. Some 20 “sponsored” programs bundled into the installer included Gator, Cydoor, eBates/Moe Money Maker thiefware and SideStep.

In the case of MGM Studios v. Grokster, 545 U.S. 913 (2005), the US Supreme Court unanimously held that Grokster could be sued for inducing copyright infringement. The case confirmed that using such file-sharing services to trade copyrighted materials is in fact illegal.

It also tacitly implied that Dell was keeping some rather notorious company. Dell pre-installed MyWay on many of their computers. When the user tried to uninstall MyWay, a window appeared insisting this “is not spyware,” but when the user clicked on [Uninstall] nothing happened. If the user phoned Dell technical support for assistance in uninstalling MyWay—that is, if they could ever successfully navigate Dell’s labyrinthine phone system— they could expect to eventually end up in the department that helps consumers remove virus and spyware infections. Oh, by the way, Dell technical support only charges its customers US$50 to help them remove MyWay, which they call “spyware.”

I have come down very hard on Dell in this column, but the fact is that many reputable manufacturers, websites, retailers and even financial institutions are guilty of doing similar things. There is a lot of room for interpretation and a lot of differing opinions as to what is malware and what is not.


Charles Miller is a freelance computer consultant, a frequent visitor to San Miguel since 1981 and now practically a full-time resident. He may be contacted at 044 (415) 101-8528 or email FAQ8 (at) SMAguru.com.