Security software provider
PC Tools
has won the first stage of the lawsuit brought against it by online media
company
Zango,
formerly known as 180solutions.
A court has denied Zango's application for a Temporary Restraining Order
which sought to compel PC Tools to entirely remove the detection of its products
by PC Tools' Spyware Doctor, claiming that it interferes with Zango's software.
"This result represents success for anti-spyware vendors and, most
importantly, a win for the public's right to choose what software is allowed to
be installed on their computers," said Simon Clausen, chief executive at PC
Tools.
"We see this ruling as a strong message to other adware companies which may
be tempted to bully anti-spyware makers into re-rating or removing their
products from their database of malicious programs."
On the issue of alleged unfair or deceptive conduct by PC Tools, US District
Judge John C. Coughenour said: "The Court finds it unlikely that [Zango] will be
able to prove that [PC Tools'] software was unfair or deceptive given that users
knowingly download [PC Tools'] software to avoid potential malware."
Regarding PC Tools' methods of classifying Zango products for its Spyware
Doctor program, the judge stated: "[PC Tools'] classification is not
unreasonable given Zango's past conduct and in light of other companies' similar
classification of the plaintiff's software."
Clausen added: "Zango's attempts to pursue and compel us into reclassifying
through legal action, rather than following due process, is not going to get
them anywhere and is certainly not the way to rehabilitate their image."
Zango believes that the Temporary Restraining Order was denied as it was no
longer necessary due to changes made in Spyware Doctor by PC Tools.
Zango said in its company blog that "while the Temporary Restraining Order
paperwork was denied today, the essential relief Zango sought in its motion was
in effect granted - by PC Tools itself" as the latest version of Spyware Doctor
neither eliminates nor blocks Zango software.
Zango has said that the lawsuit against PC Tools will proceed, as issues like
damages remain unresolved.
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