Zango suffers major setback in its legal posture; loses to Kaspersky

Earlier this week, we reported that Zango had backed off its case against PC Tools.

Now, Zango’s court case against Kaspersky was thrown out because Kaspersky enjoys immunity as a result of the Communications Decency Act.

You can see the decision here, at Ben Edelman’s site (who, as a consequence, has also updated his list of legal actions by adware/spyware companies).

Ben points to the relevant statutory language as being:

"No provider or user of an interactive computer service shall be held liable on account of ... any action taken to enable or make available ... the technical means to restrict access to the material described [i.e. material that the provider or user considers to be obscene, lewd, lascivious, ... or otherwise objectionable]."

You can read this language yourself here. (Under Sec. 230).

This is very big news folks. Big news. This decision may have far-reaching consequences for security companies in the inclusion of malicious and/or potentially unwanted software in their software.