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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