Zango Loses TRO Motion Against PC Tools But Claims Win
By Eric Goldman Zango, Inc. v. PC Tools Pty Ltd., C07-0797-JCC (W. D. Wash. TRO denied June 5, 2007) The judge denied Zango’s TRO request against PC Tools. The actual opinion is efficient and somewhat non-committal, as befits an opinion…
PC Tools & Kaspersky Respond to Zango Lawsuit
By Eric Goldman PC Tools and Kaspersky have responded to Zango’s TRO requests in Zango v. PC Tools and Zango v. Kaspersky. PC Tools’ response reads like a typical anti-spyware gripefest about Zango generally, only some of which actually responds…
More Defendants Lose 230 Defense
By Eric Goldman On the heels of the Roommates.com train wreck, two more defendants have had their 47 USC 230 defenses rejected. Interestingly, both cases come out of Tennessee federal courts in the Sixth Circuit–not normally known as a problem…
May 2007 Quick Links
By Eric Goldman Spam * MySpace Inc. v. The Globe.com Inc., No. CV 06-3391 RGK (C.D. Cal. Feb. 27, 2007). This case has some personal interest because theglobe.com was one of my flagship clients before I left the law firm…
Steinbuch v. Culter Update: Cox Out, Cutler Bankrupt
By Eric Goldman Two updates in the always-interesting Steinbuch v. Cutler case. 1) Steinbuch v. Cutler, No. 05-970 (D.D.C. May 16, 2007). Ana Marie Cox, the Wonkette blogger–who was brought into the suit merely for linking to the allegedly tortious…
UCC 2B/UCITA Resurrected–ALI’s Principles of the Law of Software Contracts
By Eric Goldman Let me start with two relatively uncontroversial propositions: 1) UCC Article 2, drafted principally in the 1950s, was designed to govern the sale of tangible items, not software 2) Accordingly, Article 2 fits awkwardly when applied to…
Perfect 10 v. CCBill Update: Ninth Circuit Denies En Banc Rehearing
By Eric Goldman The Ninth Circuit has denied an en banc rehearing in Perfect 10 v. CCBill. In doing so, the court amended its opinion to reinforce that it really, really meant that 47 USC 230 preempts all state IP…
Pew 2007 Spam Survey
Pew has updated its periodic survey on user attitudes towards spam. Its conclusion: Spam continues to plague the internet as more Americans than ever say they are getting more spam than in the past. But while American internet users report…
Zango’s Busy Litigation Docket
By Eric Goldman I got a tip that Zango’s lawsuit against PC Tools had been removed to federal court, which prompted me to search for “Zango” in PACER for the Western District of Washington. I learned that Zango has a…
Zango Claims Spyware Doctor SE Surreptitiously Deletes Its Software
By Eric Goldman Zango, Inc. v. PC Tools Pty Ltd., 07-2-15844-8SEA (Wash. Superior Ct. complaint filed May 15, 2007) We’ve seen a fair amount of tussling between adware vendors and anti-spyware software vendors, including a battle over the incorporation of’…