Security vendors have pledged support for antivirus firm Kaspersky in its US
district court battle against software firm Zango.
The two companies are in court to decide whether Kaspersky is acting
illegally in blocking Zango's ad-displaying software.
Zango offers access to multimedia files, games and utilities in exchange for
agreeing to install adware.
The vendor argues that its products should not be considered adware because
users are clearly informed about the ad-serving software before installing, and
that all users agree to a Zango end user license agreement.
Zango
was fined by the Federal Trade Commission in 2006 for using deceptive
practices to spread its software.
The company has since changed its distribution policies and affiliate
programme, and now claims to be completely in line with the requirements of the
settlement.
However, critics still argue that the agreements are
deceptively
formatted and that Zango and its affiliates do not clearly define the
software's function.
Other critics contend that users would not agree to install Zango if they
were informed about the full results of an install.
Security vendors including McAfee and Sunbelt Software, as well as the
Electronic Frontier Foundation, filed an Amicus Brief on Monday in support of
Kaspersky.
The group claims in the filing that Kaspersky is protected from legal action
by Section 230 of the Telecommunications Act 1996, which shields service
providers and companies which filter indecent or unwanted content.
"When Congress enacted Section 230, it articulated and pursued three distinct
legislative goals," reads the filing.
"In its brief, appellant Zango only emphasises one of the three goals, and
Zango ignores the goal most relevant here, which is 'to encourage the
development of technologies which maximise user control over what information is
received'."
A spokesperson for Zango declined to comment on the filing, but directed
vnunet.com to an earlier
Amicus Brief filed in support of the company by the National Business Coalition
on E-commerce & Privacy.
This filing argues that extending Section 230 protection to Kaspersky would
set a dangerous precedent and put too much power in the hands of security
vendors.
"It will effectively empower security software purveyors as the ultimate
arbiters of 'objectionable' content on the internet," read the filing.
"This will endanger many legitimate applications, programs, content and
online platforms."
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