8132 – The Court Gets with the Program


Good Samaritans, which began with the bible, have made it to the internet.  This case dealt with a company called “Zango,” which provides free access to its popular catalogs, if customers agree to receive on-line pop-up ads as they browse the internet.  Zango was zinged by a company called Kaspersky Lab which distributes software called “Kis.”  Kis filters and blocks potentially malicious software known as “malware” and Kis classifies Zango’s program as “adware,” a type of malware and blocks it.  In other words, Kis delivers the kiss of death to Zango’s business model,  since consumers who don’t pay the fee get the pop-ups blocked anywhere.  Zango sued but Judge Rymer with rhyme or reason held that Kaspersky Labs is entitled to immunity under the Good Samaritan Provision of the Communications Decency Act, which basically provides immunity to anybody who restricts access to harassing or otherwise objectional material on the internet. So you may see fewer pop-ups popping up thanks to the parable of the Good Samaritan.


Zango, Inc. vs. Kaspersky Lab, Inc., Ninth Circuit Court of Appeals, 6-25-2009, Rymer, J., USLW Vol. 78, No. 1, Pg. 1010, 7-7-09