- Sept. 26, 2019
-- The Paris Commercial Court has issued an Opinion ruling that Enigma Software Group USA, LLC and EnigmaSoft Limited can proceed with their claims against Malwarebytes, Inc. and Malwarebytes Ltd. for Malwarebytes' predatory, anticompetitive tactics to unlawfully interfere with French consumers using ESG's and EnigmaSoft's award-winning anti-malware security software in France to protect themselves from ever-increasing cybersecurity risks. The lawsuit against the two Malwarebytes companies asserts claims under French law for Malwarebytes' unlawful conduct in France of falsely labeling ESG's and EnigmaSoft's programs as threats and "potentially unwanted programs" and blocking and interfering with French consumers' use of the programs. As alleged in the lawsuit, Malwarebytes' tactics have limited French users' ability to install multiple layers of computer security on their systems, thereby not only disregarding consumer choice but also leaving consumers potentially more vulnerable to possible cyberattacks.
As part of the French lawsuit, detailed technical reports were submitted by the French Bailiff showing how Malwarebytes blocked or interfered with French consumers accessing ESG's and EnigmaSoft's programs and made it difficult for users to get around Malwarebytes' blocking and interference.
In ESG's separate lawsuit currently pending in California against Malwarebytes Inc., the Ninth Circuit Court of Appeals recently ruled that Section 230 of the Communications Decency Act does not shield companies from liability for anticompetitive conduct and ESG's complaint sufficiently alleged that Malwarebytes engaged in such unfair anticompetitive tactics, such that Malwarebytes could not claim Section 230 immunity on a motion to dismiss. (For Court's Opinion, go to https://www.enigmasoftware.com/legal/court-opinion-us-court-appeals-ninth-circuit-enigma-software-vs-malwarebytes-case-17-17351.pdf
.) The legal claims filed by ESG against Malwarebytes Inc. in that lawsuit will continue in the California federal courts.About Enigma Software/EnigmaSoft Ltd
Enigma Software Group USA, LLC was the original producer of SpyHunter 4 (which is the subject of the litigation) and is an affiliated company to EnigmaSoft Limited. EnigmaSoft Limited is a privately held Irish company with offices and global headquarters in Dublin, Ireland. EnigmaSoft is best known for developing and distributing SpyHunter 5 (https://www.enigmasoftware.com/products/spyhunter/
), an anti-malware software product and service. SpyHunter 5 detects and removes malware, enhances Internet privacy, and eliminates security threats – addressing issues such as malware, ransomware, trojans, rogue anti-spyware, and other malicious security threats affecting millions of PC users on the web. SpyHunter 5 has scored top grades in comparative testing by independent third-party testing labs such as AV-TEST (https://www.av-
EN.pdf). SpyHunter 5 has also been certified by AppEsteem (https://customer.appesteem.com/
ENIGM), Checkmark Certified (http://www.checkmarkcertified.com/
and TRUSTe (http://clicktoverify.truste.com/