Zango v. Kaspersky Ninth Circuit Oral Arguments
By Eric Goldman
The Ninth Circuit has posted the audio of the February 2, 2009 oral arguments in Zango v. Kaspersky, the important 47 USC 230(c)(2) case about vendors’ abilities to classify third party content as spam, viruses, adware/spyware, etc. The judges were Betty Fletcher, Pamela Rymer and Raymond Fisher.
The judges’ questions were pretty good. Judge Fisher was by far the most spirited jurist at this hearing. It was interesting to hear him tell Zango’s counsel that he thought Batzel and Roommates.com are irrelevant to the case. But Judge Fisher also asked a tough question of Kaspersky’s counsel about why McAfee has blocked him from getting to websites he wanted.
The case library:
* Zango’s reply brief [warning: 3+ MB file]
* Kaspersky’s answering brief [warning: 5MB file]
* Zango’s appeal brief [warning: 2.1MB file]
* Kaspersky’s Response to TRO Motion
* Zango’s TRO motion