Cloudeight Internet LLC April 11, 2005
Re: Infringement of Rights - Your Detection of Hotbar as spyware/adware
We received your letter of March 11, 2005. We also note that you have published our correspondence with you on your website. Since your response distorts and misrepresents the facts in a manner which only causes Hotbar more damages, you are hereby demanded to publish the following reply on our behalf in order to present the complete facts:
First, we recently approached you since you did not comply with our letter of March 2004 and kept publishing your web page (under the name “Hotbar is spyware”) accusing Hobtar of being spyware. This page has only been removed recently subsequent to our recent letter. Therefore, we do not “have the wrong company” but rather have the “right” company, which just keeps causing us damages as part of its unfair practices, as detailed below.
As indicated in our first letter, many leading anti-spyware/adware companies DO NOT detect Hotbar as spyware or any other kind of an undesirable software (in addition, to the large companies mentioned in our first letter, here are some additional examples: spywareguide.com and their X-Cleaner/X-Block scanner, NoAdware, simplythebest.net, free-web-browsers.com, XofstSpy, Spyware Stormer, Bazooka, PcOrion, Spyware Nuker, Adwarespy and AlertSpy). Also, contrary to the false contentions in your letter, McAfee and Doxdesk DO NOT detect Hotbar or refer to it as spyware or adware. This is an objective fact that can easily be checked by anyone, but for some reason you keep choosing to ignore the facts and tell your user half truths or lies.
You also conveniently chose to ignore in your letter the fact that you consider Hotbar a business rival of yours (in the field of e-mail enhancement tools), which is the explanation for the harsh unjustified libelous statements you distribute about us. In this regard, your accusation that Hotbar’s software interferes with the operation of Outlook Express (which is simply unfounded) is false. In any event, it would only be fair to remind the readers of your website that Hotbar is a software which offers its users with great features that enhance the user’s surfing and e-mail experience. Millions of users download and use Hotbar’s software only for its great features. Thus, for the sake of illustration, you “forgot” to tell your readers that a search on Google for Hotbar + Emoticons turns up 47,800 results, more than the results you relate to in Google search for Hotbar + spyware - there are much more websites and users which praise the great features of Hotbar’s software rather than distribute false libelous statements about it.
In view of the above, the logical conclusion is that your vicious campaign against Hotbar is only an attempt to gain commercial advantage by using unfair practices and distributing libelous statements about a company that is more successful than yours. We are only left to regret that this is how you choose to compete and hope that you will at least have the decency to publish this response which sets the facts straight.
Oren Dobronsky, CEO