Re:DivX Now Installs Malware
by lifeisstillgood on Thursday September 19, 2013 @04:16PM
(#6413966)
sadly that won't count as fraud. if you read the text it does say cancel = don't install crapware. which is not deception just unethical.
If a person sends "offers of subscription" that just happen to look like a invoice, that is still fraud. It doesn't matter that people can elect not to "buy" by following the fine print that say "this is a offer".¹
If you want, I can list several similar crimes like salting the mine², the Romance scam², or the classic Nigerian scam. Each too allows the victim to opt out, each are equally fraudulent behavior, and equally illegal. The law do not require that the criminal has lied, only that deception has happened.
Giving the victim a chance to opt out does not give scammers a "get out of jail card". If it did, that would be the first thing any caught scam artist would say.
¹ http://www.actionfraud.police.uk/fraud-az-invoice-scams
² https://en.wikipedia.org/wiki/Salting_%28confidence_trick%29
I have seen installers with right bottom for OK, and left to Cancel install, as is is standard. However, a few steps into the installation, a toolbar question came up where OK meant install toolbar and Cancle meaning not installing toolbar but continue install. Bascially, left button Cancel went from aborting the install to continue the install through a sleight of hand trick (deception). Since its done for economical gain, its fraud - As clear case as it can get.
Fraud: intentional deception made for personal gain or to damage another individual.²
¹: 3 year binding agreement with first month free.
²: https://en.wikipedia.org/wiki/Fraud