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Last month I wrote about a dispute between the Federal Trade Commission and a spyware distributor where the FTC alleged that an End User License Agreement, which essentially told downloaders that they were downloading spyware, was a false and deceptive trade practice. Two events cause me to revisit this issue. First, the FTC has gone after another spyware distributor, and second, Sony Corporation has caused the surreptitious installation of a rootkit-type program to enforce its digital rights management on its music CDs, claiming authority to do so under an End User License Agreement.

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