Zango Update


PC Tools and Kaspersky both filed Responses to Zango's TRO Motion.  You can access PC Tools' Response here and Kaspersky's here

Both are pretty readable from the non-lawyer perspective and contained an array of expected (and likely effective) arguments.  What jumped out at me?  Kaspersky's First Amendment argument.  Kaspersky argues that a TRO would constitute an unconstitutional prior restraint.  Kaspersky argues that a finding that Kaspersky's label is improper must follow a full factfinding (trial).  Courts (due to First Amendment concerns) don't ordinarily silence critics at the early (injunctive) stages.  This argument is most effective for a pure labeling claim.  (Spamhaus is making this same argument in its appeal, which will be argued tomorrow.)  Kaspersky also raises a Section 230 argument. 

On the whole, there's enough there that Zango's Motion for a Temporary Restraining Order will likely be denied.

[Also, Zango switched lawyers, from Corr Cronin to Gordon, Thomas. 

Finally, I have a short piece on cNet on the Zango litigation:  "Spyware Skirmishes:  Spy Versus Antispy".]

Update:  Prof. Goldman comments here.
 
 
 
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  • 6/5/2007 12:55 PM Technology & Marketing Law Blog wrote:
    By Eric Goldman PC Tools and Kaspersky have responded to Zango's TRO requests in Zango v. PC Tools and Zango...
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