Appellate court affirms that Zango can't sue Kaspersky
An appellate court judge has upheld a judge's decision to throw out a
lawsuit alleging that software from a leading anti-virus firm illegally
blocked programs from Zango, a now-defunct provider of online games that
previously settled with the federal government over adware charges.
The 9th U.S. Circuit of of Appeals ruled that Russia-based Kaspersky Lab
was not in violation of the law when it identified some Zango software as
malicious and blocked access to users, according to a statement Tuesday
from Kaspersky. The company is protected under the Communications
Decency Act of 1996, which bars it from being held liable for placing
restrictions on materials it deems inappropriate, the court ruled.
The court ruled that Kaspersky "is entitled to Good Samaritan immunity"
because it classified Zango software as spyware and adware, according to
Kaspersky.
Zango had sued Kaspersky to force it to classify Zango problems as
nonthreatening. But in September 2007, U.S. District Court Judge John
Coughenour, sitting in Seattle,
dismissed the lawsuit on the same grounds as the appeals court.
Zango, which
shut its doors earlier this year,
settled in 2006 with the Federal Trade Commission for $3 million and
was barred from downloading adware without users' consent. The agency said
Zango offered customers free web content, such as screensavers, games and
peer-to-peer file-sharing software, without telling them it also contained
adware. The adware, provided by third-party affiliates, allegedly monitored
the consumers' browsing habits in order to display targeted pop-up ads.