Defunct Zango Loses Case Over Kaspersky's Filter Program

SEATTLE — Defunct adware company Zango now has become a loser at the federal appeals level.

The 9th U.S. Circuit Court of Appeals ruled this week that antivirus maker Kaspersky Internet Security is entitled to immunity, under the safe harbor provision of the Communications Decency Act, from a suit claiming that its software interfered with the use of downloadable programs by customers of Zango.

The court ruled that Kaspersky, which treated Zango's software as malware and "protected" users from it, could not be held liable for any actions it took to make the technical means to restrict access to objectionable material available to others.

Zango had argued that Kaspersky disabled the Zango toolbar that displays ads related to a user's searches. Whenever Zango's software tried to access the Internet, Kaspersky would display a warning and block the program.

Zango, which had worked with adult companies to find more customers, pulled the plug on its business in April after it was left unable to pay off its debts.

The company, in the complaint, attributed a decline in the number of its customers in 2007 to interference by the Kaspersky software and by other antispyware software that blocked the operation of the Zango program.

The 9th Circuit, in its ruling, said the case zeroed-in on the degree of threat posed to users by Zango's software.

“Kaspersky contends that Zango's software is adware, and possibly spyware,” the court said. “Spyware, which is often installed on a computer without the user's knowledge or consent, covertly monitors the user's activities and exposes the user to the risk that his or her passwords and confidential information may be stolen.

“Zango maintains that it installs its software only upon receiving user consent, and that it provides easy means of uninstalling Zango software from a user's computer.”

In its original case filed at King County Superior Court, Zango was seeking claims for an injunction, tortious interference with contractual rights, violation of the Washington Consumer Protection Act, trade libel and unjust enrichment.

After Kaspersky removed the case to federal court, the district court denied Zango’s request for a temporary restraining order, and Kaspersky subsequently filed a motion to dismiss, which was then granted on the ground that Kaspersky was entitled to immunity.

Zango argued that Congress intended statutory immunity under the CDA to apply to Internet content providers and not companies that provide filtering tools, but the court disagreed.

The case is Zango Inc. vs. Kaspersky Lab Inc., 07-35800.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Master Nico Relaunches Site Through YourPaysitePartner

Master Nico has relaunched his official website through YourPaysitePartner (YPP).

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Pornhub Blocks Access in France in Response to SREN Law

Pornhub parent company Aylo has opted to block access to its sites in France rather than comply with age verification requirements under the country’s Security and Regulation of the Digital Space (SREN) law.

ASACP Highlights Study on Parental Controls

The Association of Sites Advocating Child Protection (ASACP) is highlighting the results of a study on the underutilization of parental controls.

Sydney Screams Launches New Site Through Grooby's Blue.xxx

Sydney Screams has launched her new membership site, SydneyScreams.xxx, through Grooby's website management company Blue.xxx.

Mistress Mystii Is LoyalFans' 'Featured Creator' for June

LoyalFans has named Mistress Mystii as its Featured Creator for June.

Canadian Senator Revives Push for National AV Law

Sen. Julie Miville-Dechêne, whose previous multiple attempts to legislate national age verification requirements all failed, has introduced a new bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

Show More