Malwarebytes may not be allowed to say rival's software is potentially unwanted
grounds, which exempts interactive service providers from liability for content moderation decisions.the district court's decision, creating in the process an anticompetitive animus exception to Section 230 of the Communications Decency Act that generally shields online service providers.
That appellate ruling meant that Malwarebytes may be liable for characterizing Enigma's software as PUPs if it's deemed to be a competitor – a decision that has the potential to discourage security companies from characterizing software as harmful.In 2021, the California district court, having been told by the Ninth Circuit to reconsider Enigma's lawsuit, again dismissed the complaint. So far, Malwarebytes has been generally winning, and Enigma losing.
When a company in the computer security business describes a competitor’s software as 'malicious' and a 'threat' to a customer’s computer, that is more a statement of objective fact than a non-actionable opinionby noting the district court’s ruling"validates the right of cybersecurity firms to identify potentially unwanted programs and recognizes the rights of users to choose whether or not to enable those programs on their devices.
[PDF], except for Enigma's claim of tortious interference with contractual relations. The case now heads back to the district court, subject to the appeals court's direction that New York law also needs to be considered alongside the false advertising claim. "In the context of this case, we conclude that when a company in the computer security business describes a competitor’s software as 'malicious' and a 'threat' to a customer’s computer, that is more a statement of objective fact than a non-actionable opinion," the appeals court decision reads."It is potentially actionable under the Lanham Act provided Enigma plausibly alleges the other elements of a false advertising claim.
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