Legal actions and BOClean

A post in a thread at wilders caught my eye:

Afaicr Kevin has made some veiled remarks about pending and or current suits against PSC
I was just wondering about current status quo. ?

Is the anti Sony rootkit case still going??
Is M$ still after you
HAve any malware pushers tried an action? (cf Claria)

Note: I am not asking about Comodo and financial support or any commitments or details to try and push some commitments from Comodo: just an update on anything current or pending.

AIR; PSC was even involved in the bluemtn card issue with M$ : 1998 ??!!

If it came down to it I would like to help contribute funding to any legal action.

The high profile of peeps like KmcA and Rick Downes and any other victims of caught up in surreal scenarios puts extraordinary demands on them with imo cheapshots being the order of the day when they are trying to hold the line. :frowning:


Be a hell of a lot easier to be subversive than stand up for us.


I would wonder what kevin has in respect to the 4 year contracts with corporations & the GOV

Hehe … looks like our former competitors have been busy at work from the sounds of this. :slight_smile:

Nancy can probably provide better details since she was the one who had to deal with all this when it happened years ago and so many years past, it’s kind of a blur to me as to when and where now. We haven’t seen any lawsuits or threats thereof ever since the “Netbus episode,” but here’s the gyst of it …

Back in 2000, we were contacted by lawyers from a company called “UltraAccess” in Florida demanding that we remove detection for Netbus from BOClean. Apparently they did the same to every antivirus and antitrojan company as well and most (if not ALL) “cut and run” and removed Netbus detection out of fear of being sued.

WE however refused to do so and that had UltraAccess’ attorneys file suit against us. Forced us to go and hire a special “copyright” type attorney of some sort who was rather expensive too. Prior to going to trial however, Nancy and our attorney formulated a rather clever defense which would allow BOClean to continue to protect our customers as well as poke UltraAccess in the eye for attempting to take down our little “mom and pop software company.” I was instructed to build a new BOClean version which contained a new line in the configuration screen which said, “Do NOT detect Netbus trojan” or something to that effect. Our lawyers, their lawyers and a pretrial meeting with the judge then laid out the facts as “they’re a small company, they do not hold out their software nor distribute it to the general public, it’s sort of like a private club and they’re satisfying the requirements of those who have contracted with them for the software and the way it works.” And, by adding that “Do NOT detect …” bit, we’ve given the users the option of whether it gets detected and taken down or not - for those who want to use Netbus legitimately, there is no impediment and since there were still many “illegitimate” copies out there exploiting the public that had not been addressed, we satisfied the requirements of UltraAccess to allow it to be used unfettered legitimately as well as to protect against those situations where it wasn’t.

Bottom line is that the “settlement” involved having “Do NOT detect Netbus” as an option in BOClean for several years. UltraAccess went out of business in fairly short order, the AV’s and others eventually girded up their loins and grew some stones quite a bit later in time and we were off the hook on a basis of the defense we offered. After a few years, we added an EXCLUDER to BOClean and removed the “Do NOT detect Netbus” as the excluder made that option no longer necessary. But that was our one and only one lawsuit and word got around with what Nancy and our attorneys came up with as a rather clever “bulletproofing” of BOClean against all malware comers who would try to make us let them slip past us on a basis of law. :slight_smile:

No other lawsuits ever happened after that one though … kinda curious in a way how this is even coming up again all these years after the fact … COMODO has already bought us out and Melih has said numerous times that our “we cover it all” will remain in effect and in fact has taken the statement further by offering any malware group his personal “bring it on” if anyone wants to try to convince COMODO that BOClean shouldn’t cover any specific malware out of some legal fear campaign such as the one we endured years ago. So nothing to worry about here folks …

But it was Nancy that managed that piece of legal craftsmanship … she’s always been able to find extremely capable lawyers for whenever we needed one. (grin)

Your word has always been good enough for me Kevin.



Heh, better treat that woman right Kevin. ;D

When ever I need details about something that is needed and is historical in my life I always go to the wife. She can recall things I have forgotten. Oh yea…now I remember… :-*