Appellate court affirms that Zango can't sue Kaspersky

Powered by SC Magazine
 

An appeals court has upheld a ruling that Kaspersky Lab did nothing wrong when it blocked users' access to Zango programs.

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 from Kaspersky. The company is protected under the US government's 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 non-threatening. But in September 2007, U.S. District Court Judge John Coughenour 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 US$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.

See original article on scmagazineus.com

Copyright © SC Magazine, US edition


 
 
 
Top Stories
Beyond ACORN: Cracking the infosec skills nut
[Blog post] Could the Government's cybercrime focus be a catalyst for change?
 
The iTnews Benchmark Awards
Meet the best of the best.
 
Telstra hands over copper, HFC in new $11bn NBN deal
Value of 2011 deal remains intact.
 
 
Sign up to receive iTnews email bulletins
   FOLLOW US...
Latest Comments
Polls
Who do you trust most to protect your private data?







   |   View results
Your bank
  39%
 
Your insurance company
  4%
 
A technology company (Google, Facebook et al)
  8%
 
Your telco, ISP or utility
  8%
 
A retailer (Coles, Woolworths et al)
  3%
 
A Federal Government agency (ATO, Centrelink etc)
  19%
 
An Australian law enforcement agency (AFP, ASIO et al)
  14%
 
A State Government agency (Health dept, etc)
  6%
TOTAL VOTES: 1842

Vote
Do you support the abolition of the Office of the Information Commissioner?