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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