The case highlights an ongoing battle between firms that
distribute spyware or adware, and those that offer the tools to
detect and remove it.
In many cases the distributing firms have protested their
inclusion in security blacklists, and have threatened court action
for misrepresentation and trade mark dilution unless mention of
their software is removed from detection programs.
Some of Hotbar’s programs are included on Symantec’s database,
inclusions that Hotbar has fought against since July 2004,
according to reports.
But Symantec has refused to comply with requests to amend its
database and yesterday announced that it had taken its own court
action, asking the US District Court for the Northern District of
California for a ruling that the relevant Hotbar program files are
indeed adware and can be treated as computer security risks.
It is seeking no damages in connection with the suit.
“By asking the court for clarification on this issue in our
favour, we hope to continue alerting our customers about the
presence of these program files, protecting them against possible
security risks," said Joy Cartun, senior director of legal affairs
for Symantec. "Through this effort, we're trying to ensure that our
customers have more control over the programs that run on their
computers."
Hotbar.com has made no comment so far.
