Web Page Framing Isn't Trespass to Chattels--Best Carpet Values v. Google

Web Page Framing Isn’t Trespass to Chattels–Best Carpet Values v. Google

This case is an old-school turn-of-the-century throwback (and not the good kind). Google’s search app framed the web pages users visit, and the frame included ads. Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the…

The 9th Circuit Keeps Trying to Ruin Cybersecurity--Enigma v. Malwarebytes

The 9th Circuit Keeps Trying to Ruin Cybersecurity–Enigma v. Malwarebytes

This case involves two anti-threat software vendors, Enigma and Malwarebytes. In 2016, Malwarebytes classified Enigma’s software as “malicious,” a “threat,” and a “potentially unwanted program” (or PUP), because the programs allegedly were “scareware.” Enigma challenged Malwarebytes’ classifications in court. Initially,…

If "Trespass to Chattels" Isn't Limited to "Chattels," Anarchy Ensues--Best Carpet Values v. Google

If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

Trigger warning: this is a terrible opinion. Let’s hope the judge corrects his errors or that the appeals court does it for him. * * * This opinion addresses a venerable issue in Internet Law: can a website control how…

As Expected, Malwarebytes Defeats Enigma's Lawsuit Without Section 230's Help

As Expected, Malwarebytes Defeats Enigma’s Lawsuit Without Section 230’s Help

Malwarebytes and Enigma offer competitive anti-threat software. Malwarebytes classified Enigma’s software as a “potentially unwanted program,” or PUP, and quarantined the programs. Enigma sued Malwarebytes for that classification/quarantine. Initially, the district court dismissed the case on Section 230(c)(2)(B) grounds. In…

Justice Thomas Writes a Misguided Anti-Section 230 Statement "Without the Benefit of Briefing"--Enigma v. Malwarebytes

Justice Thomas Writes a Misguided Anti-Section 230 Statement “Without the Benefit of Briefing”–Enigma v. Malwarebytes

Last year, the Ninth Circuit ruled that a plaintiff could plead around Section 230(c)(2)(B), the safe harbor for providing filtering instructions, by claiming that the filtering was motivated by anticompetitive animus. Last week, the Supreme Court denied certiorari. This isn’t…

Cybersecurity Experts Support Supreme Court Review of Enigma v. Malwarebytes Ruling on Section 230(c)(2)(B)

Cybersecurity Experts Support Supreme Court Review of Enigma v. Malwarebytes Ruling on Section 230(c)(2)(B)

On Friday, 14 cybersecurity experts filed an amicus brief with the U.S. Supreme Court, supporting Malwarebytes’ certiorari petition to review the Ninth Circuit’s 2019 Enigma v. Malwarebytes ruling regarding 47 U.S.C. 230(c)(2)(B)’s application to spyware classification decisions. The Juelsgaard Intellectual…

Section 230 Protects Classifying Non-Competitive Software as a Threat--Asurvio v. Malwarebytes

Section 230 Protects Classifying Non-Competitive Software as a Threat–Asurvio v. Malwarebytes

Section 230(c)(2)(B) says that filtering software makers aren’t liable for their classification decisions. This proposition provides the legal foundation for the anti-threat software industry. However, those expectations were disrupted by the Ninth Circuit’s 2019 in Enigma v. Malwarebytes, which held…

Ninth Circuit Doubles Down on Bad Ruling That Undermines Cybersecurity--Enigma v. Malwarebytes

Ninth Circuit Doubles Down on Bad Ruling That Undermines Cybersecurity–Enigma v. Malwarebytes

This case involves rival makers of anti-threat software. The defendant, Malwarebytes, classified its rival’s software as a PUP, or Potentially Unwanted Program. The rival sued. Malwarebytes defended on 47 USC 230(c)(2)(B), which provides a safe harbor for filtering software. Malwarebytes…

Rehearing Briefs in Enigma Software v. Malwarebytes

Rehearing Briefs in Enigma Software v. Malwarebytes

In September, in Enigma v. Malwarebytes, the Ninth Circuit issued a troubling Section 230(c)(2)(B) ruling that allowed plaintiffs’ allegations of anti-competitive animus to override the safe harbor for anti-threat software vendors. It was a 2-1 ruling on a key topic,…

Section 230 Helps Search Engine Defeat "Right to Be Forgotten" Lawsuit--Mosha v. Yandex

Section 230 Helps Search Engine Defeat “Right to Be Forgotten” Lawsuit–Mosha v. Yandex

Looking holistically at the broad arc of Internet Law history, I could make a good case that the EU’s Right to Be Forgotten marked the beginning of the end of the modern Internet. It was the first time that a…