- Jan. 2, 2020
-- The Court of Appeals for the Ninth Circuit has denied Malwarebytes' Petition for Rehearing and Rehearing en banc and ordered that Enigma Software's lawsuit against Malwarebytes for anticompetitive, unfair trade practices can proceed in the District Court for the Northern District of California. The Ninth Circuit Court also ordered that no further petitions for rehearing or rehearing en banc will be entertained by the Court. For the Court's Opinion, go to https://www.enigmasoftware.com/
12-31-2019.pdf and https://www.enigmasoftware.com/
Malwarebytes had previously filed its Petition for Rehearing and Rehearing en banc in response to the Ninth Circuit's ruling in favor of Enigma Software in the appeal of its lawsuit against Malwarebytes − and the Ninth Circuit's ruling that Section 230 of the Communications Decency Act is "not limitless" as claimed by Malwarebytes. For the Court's prior Opinion, go to https://www.enigmasoftware.com/legal/court-opinion-us-cou...
. In its newly issued Order and Opinion, the Ninth Circuit effectively confirmed its previous rejection of Malwarebytes' position that Malwarebytes could unilaterally decide to block any software it wanted for any reason it chose, without ever having to account to anyone for the harm it causes or for practices that violate anticompetition laws.
As previously noted in other publications and its suit, Enigma Software originally filed its lawsuit against Malwarebytes based on Malwarebytes' anticompetitive, unfair trade practices of blocking Enigma Software's SpyHunter, an award-winning, independently tested, certified anti-malware program that has protected millions of users from cybersecurity threats worldwide. As set forth in the allegations of the lawsuit, Malwarebytes targeted Enigma Software precisely because Enigma Software is a successful competitor whose safe and effective anti-malware tool is popular with users. As also described at length in the lawsuit, Malwarebytes' anticompetitive blocking practices have specifically harmed consumers by depriving them of the right to use the security software of their choice, as well as the right to choose to have multiple layers of anti-malware protection on their devices to better protect against ever-increasing malware risks and cybersecurity threats.
To see the video of the Oral Argument of the case before the 9th Circuit Court of Appeals, go to https://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000015143
Opening Legal Brief filed by Enigma Software: https://www.enigmasoftware.com/