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 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.

HT: Venkat

The case library:

* Zango’s reply brief [warning: 3+ MB file]

* 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