suraj.sun writes "WOBURN, MA June 30, 2009 — In a precedentsetting case for the Internet security industry, the 9th U.S. Circuit Court of Appeals ruled last week that Kaspersky Lab 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 classified online media company Zango's software as malware and "protected" users from it accordingly, could not be held liable for any actions it took to manufacture and distribute the technical means to restrict Zango software's access to others, as Kaspersky deemed it "objectionable material." According to the court, "Kaspersky contends that Zango's software is adware, and possibly spyware."
The ruling protects a consumer's choice to determine what information and software is allowed on their computing systems, and protects the ability of anti-malware vendors to identify and label software programs that may be potentially unwanted and harmful to computer users.
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