Wednesday, October 03, 2007

CDA To The Rescue--Again

In another example of the breadth of the application of the Communications Decency Act, federal judge John Coughenour granted Kaspersky Labs motion for summary judgment in a case brought in the Western District of Washington by spyware maker Zango. In his August 28, 2007, ruling Judge Coughenour held that Kaspersky Labs is a provider of an interactive computer service (a term that is critical to limiting liability under the CDA) because it is an "access software provider." This is great news for those of us who dislike spyware, and an interesting demonstration of how the parade of things against which the CDA offers exculpation continues to grow.

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