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MagicJack SLAPPed with $50,000 penalty
Posted on February 24th, 2010 at 17:21 7 commentsI’ve been running a series of articles about Microsoft’s End User License Agreement – particularly the Win7 EULA – in Windows Secrets Newsletter. Microsoft’s EULA is hardly a paragon off clarity and fairness, but it pales in comparison to MagicJack’s.
Back in April 2008, Bob Beschizza at Boing Boing posted a short review of MagicJack’s EULA:
[The EULA] not only has one agree to ads with its paid-for system, but claims that the ads are necessary for it to work. It will also snoop on your calls to target ads more accurately, and has you sign away your legal right to take it to court if it defrauds or otherwise harms you. Delightful.
Neither the EULA itself, nor any other privacy or legal information, can be easily found at its homepage. It’s not even provided at the point of sale, where one enters credit card info, email and street addresses as such, so as to gain access to the service and have your MagicJack dongle delivered. I found the EULA’s URL through Google.
MagicJack took umbrage, and sued Boing Boing for defamation. Fast forward a year, and MagicJack not only lost the lawsuit, it was hit with a $50,000 penalty for what amounts to a frivolous lawsuit.
Fascinating wrap-up on the Boing Boing site.
7 responses to “MagicJack SLAPPed with $50,000 penalty”
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rc primak February 25th, 2010 at 06:11
Ugh!! I just read the BoingBoing article on the Magic Jack SLAPP lawsuit. It makes the company look butt ugly! I hadn’t realized what kind of EULA games and privacy violations the company may have been engaged in until I read this. My Dad has a Magic Jack installed on one of his computers. Anyone know how to uninstall the Magic Jack spyware –er, software?
Magic Jack owners should read the whole article – this is seriously messed up stuff on the part of Magic Jack!!
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Maghullyback February 25th, 2010 at 16:04
Hey Woody,
Check out this snippet of dialogue from the Iain M. Banks novel Use Of Weapons. Basically it’a a guy in a future world talking with his “intelligent” spacesuit. Remind you of anything?
“Suit; patch into the aircraft; assume control without letting anybody else know.”
“Assuming covert control-jurisdiction of single aircraft within range; confirm.”
“Confirmed. And stop asking me to confirm everything.”
“Control-juristiction assumed. Lapsing confirmatory instruction protocols; confirm.”
“Good grief. Confirmed!”
“Confirm protocol lapsed.”Published in 1990. Is this where Micro$oft got UAC from? Sounds like it to me.
Cheers Woody.
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rcprimak February 26th, 2010 at 04:52
So, if someone wants to remove the Magic Jack software, any idea how to remove it? The article says there is no uninstaller.
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oh terrific! one of my cousins use Magic Jack hardware and software on his laptop. don’t know how much he is using it though.
rc primak, one could try these “uninstall” steps here:
http://www.perfect-uninstaller.com/blog/how-to-unistall-magic-jack-software/ -
rc primak March 2nd, 2010 at 01:39
EP –
There actually turns out to be an uninstaller for the Magic Jack software — they just don’t provide it when you plug in the device. There’s a Lounge thread on the subject:
http://lounge.windowssecrets.com/index.php?showtopic=772729&st=0&gopid=828602&#entry828602
Thanks to moderator JoeP for the links to the instructions.
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rc primak March 2nd, 2010 at 01:40
Also, you cannnot run any super-uninstaller until there is an uninstaller for the software somewhere on your computer.
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DeVaughn Salter September 22nd, 2011 at 08:11
Did anyone attempt to unistall via control panel? Sounds logical to me.
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