Defunct Zango Loses Case Over Kaspersky's Filter Program

SEATTLE — Defunct adware company Zango now has become a loser at the federal appeals level.

The 9th U.S. Circuit Court of Appeals ruled this week that antivirus maker Kaspersky Internet Security is entitled to immunity, under the safe harbor provision of the Communications Decency Act, from a suit claiming that its software interfered with the use of downloadable programs by customers of Zango.

The court ruled that Kaspersky, which treated Zango's software as malware and "protected" users from it, could not be held liable for any actions it took to make the technical means to restrict access to objectionable material available to others.

Zango had argued that Kaspersky disabled the Zango toolbar that displays ads related to a user's searches. Whenever Zango's software tried to access the Internet, Kaspersky would display a warning and block the program.

Zango, which had worked with adult companies to find more customers, pulled the plug on its business in April after it was left unable to pay off its debts.

The company, in the complaint, attributed a decline in the number of its customers in 2007 to interference by the Kaspersky software and by other antispyware software that blocked the operation of the Zango program.

The 9th Circuit, in its ruling, said the case zeroed-in on the degree of threat posed to users by Zango's software.

“Kaspersky contends that Zango's software is adware, and possibly spyware,” the court said. “Spyware, which is often installed on a computer without the user's knowledge or consent, covertly monitors the user's activities and exposes the user to the risk that his or her passwords and confidential information may be stolen.

“Zango maintains that it installs its software only upon receiving user consent, and that it provides easy means of uninstalling Zango software from a user's computer.”

In its original case filed at King County Superior Court, Zango was seeking claims for an injunction, tortious interference with contractual rights, violation of the Washington Consumer Protection Act, trade libel and unjust enrichment.

After Kaspersky removed the case to federal court, the district court denied Zango’s request for a temporary restraining order, and Kaspersky subsequently filed a motion to dismiss, which was then granted on the ground that Kaspersky was entitled to immunity.

Zango argued that Congress intended statutory immunity under the CDA to apply to Internet content providers and not companies that provide filtering tools, but the court disagreed.

The case is Zango Inc. vs. Kaspersky Lab Inc., 07-35800.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More