Spyware maker is threatening spyware detector with legal action
RetroCoder, maker of surveillance software SpyMon, wants SunBelt, maker of CounterSpy, to stop flagging Spymon as spyware. According to RetroCoder, SunBelt is in violation of the End User License Agreement (EULA) of SpyMon.
The EULA forbids its use by a researcher for an antivirus or anti-spyware company, or business related to these.
Further, the EULA continues with a legal condition: “If you do produce a program that will affect this software’s ability to perform its function, then you may have to prove in criminal court that you have not infringed this warning.”
RetroCoder claims that SunBelt broke this agreement; “In order to add our product to their list, they must have downloaded it and then examined it. These actions are forbidden by the notice”.