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Lawsuits are deterants because adware companies make lots of money because big pocket advertisers spend money on them. Once advertisers are scared away, adware is no longer big money.
The terms spyware & adware are used very loosely. They shouldn't be.
There is spyware that logs your data for ad targeting purposes (Google & Alexa toolbars) and there is spyware that logs your computer use to steal passwords and bank account #s.
There is adware that displays ads within its own software. There is adware that displays pop ups/unders on someone elses web page. There is adware that overwrites a web publisher's own display ads (and affiliate codes.)
As for the government setting standards, and users agreeing to installation, what a load of horseshit. No one would agree to let you have tons of pop ups displayed on their PC. The terms are buried within giant TOS documents that no one reads anyways. What most people don't know is the only reason Zango got in trouble was for not running TOS on installation, which no one read anyway.
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