Actually, some of these do have absurd EULAs which screams "I'm Spyware", which the users always click through.
For example, EULA for iSearch:
- Functionality - Software delivers advertising and various information and promotional messages to your computer screen while you view Internet web pages. iSearch is able to provide you with Software free of charge as a result of your agreement to download and use Software, and accept the advertising and promotional messages it delivers.
By installing the Software, you understand and agree that the Software may, without any further prior notice to you, automatically perform the following: display advertisements of advertisers who pay a fee to iSearch and/or it's partners, in the form of pop-up ads, pop-under ads, interstitials ads and various other ad formats, display links to and advertisements of related websites based on the information you view and the websites you visit; store non-personally identifiable statistics of the websites you have visited; redirect certain URLs including your browser default 404-error page to or through the Software; provide advertisements, links or information in response to search terms you use at third-party websites; provide search functionality or capabilities; automatically update the Software and install added features or functionality or additional software, including search clients and toolbars, conveniently without your input or interaction; install desktop icons and installation files; install software from iSearch affiliates; and install Third Party Software.
In addition, you further understand and agree, by installing the Software, that iSearch and/or the Software may, without any further prior notice to you, remove, disable or render inoperative other adware programs resident on your computer, which, in turn, may disable or render inoperative, other software resident on your computer, including software bundled with such adware, or have other adverse impacts on your computer.
Additionally, disclaimers make them exempt from severe liabilitites:
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if iSearch is liable to you for any other reason, then iSearchâ€™s aggregate liability for all claims under such circumstances shall not exceed the greater of ten dollars ($10.00) or the amount paid by you for your use of the Software.
Sites that specializes in assisting others with the removal of malware from their system have also been targeted. SUZI over at Castlecops.com was sent a Cease and Desist letter threatening legal action if the site continue to clasify iDownload.com's software as malware. Similar letters were also dispatched to the Spyware Warrior folks.
Lavasoft Ad-aware has responded twice by removing the detection of WhenU from their database. No public announcement accompanied their updated definition. Inquiries in the Lavasoft Ad-aware forums resulted in closed threads. Instead of adding WhenU back into their database they removed hundreds of identifications. Including such families as PurityScan, MyWay and NewtonKnows.
Threats Against Spyware Detectors, Removers, and Critics