From checking the applications list, this doesn't seem to be running on my 2-year old HTC hero I brought unlocked ... What would be good to have is a sure fire

From checking the applications list, this doesn't seem to be running on my 2-year old HTC hero I brought unlocked ... What would be good to have is a sure fire way of checking if it's running, and a clear list of which phones have this and which don't. I hope someone is gearing up to sue the f- out of Carrier IQ, but if not, I'd like to have the information publicly available so we can all invoke those old free market principals of customer choice and choose not to buy any phones with this on.