Court Says Anti-Malware Software Maker Immune From Lawsuit From Zango

from the thank-you-section-230 dept

Infamous adware maker Zango may finally be dead, but its lawsuits live on. You may recall a few years back Zango sued security software maker Kaspersky for calling its product "spyware." A court found that Kaspersky has every right to label the software as it feels is appropriate, noting that it's immune from complaints from Zango under section 230 of the CDA.

Zango appealed, claiming that Kaspersky shouldn't be immune because the CDA was only supposed to apply to websites, not software makers. The 9th circuit appeals court clearly disagrees and points out that this is exactly the sort of thing Section 230 should protect. It's always nice to see courts reaffirm the immunity granted by Section 230 -- especially since those protections have been under attack lately. Update: Eric Goldman has more.
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Filed Under: section 230, spyware
Companies: kaspersky, zango

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  1. identicon
    Anonymous Coward, 29 Jun 2009 @ 7:14am

    Re: Re: Re: Re:

    I read the decision, and it is very close to crossing the line from "ruling by law" and "writing law by ruling".

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