Zango Files Reply Brief in Zango v. Kaspersky

By Eric Goldman

Zango has filed its reply brief in Zango v. Kaspersky [warning: 3+ MB file]. Some points that caught my attention:

* the brief starts out by quoting one of Kozinski’s unfortunate rhetorical detours in that 230 wasn’t intended to create a lawless no-man’s land on the Internet. I’m sure some Zango haters would note the irony of Zango thinking this language benefits them. From my perspective, this is just another example of plaintiffs cutting and pasting pieces of the opinion to try to bolster their case.

* the brief doesn’t acknowledge the existence of the significantly adverse e360insight case. Zango wasn’t required to cite it, but the CDT brief did mention it, and I expect this precedent to figure prominently in the ruling.

* I thought this was an interesting statement (on page 19 of the PDF): “Notwithstanding the overheated protestations of Kaspersky and the holier-than-thou ideologues that it relies upon, millions of people find Zango not only acceptable, but desirable.”

The case library:

* Amicus brief by CDT in favor of Kaspersky

* Kaspersky’s answering brief [warning: 5MB file].

* National Business Coalition on E-Commerce and Privacy amicus brief in favor of Zango

* Zango’s appeal brief [warning: 2.1MB file]

* The district court’s dismissal and my commentary

* TRO Denial and my commentary

* Kaspersky’s Response to TRO Motion

* Zango’s TRO motion