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No. 19-1284October Term 2019Decided Oct 13, 2020

Docket 19-1284October Term 2019 (2019–2020)

Malwarebytes, Inc. v. Enigma Software Group USA, LLC

The key question is whether Section 230 gives broad immunity for blocking decisions or leaves room for suits claiming a company targeted a rival unfairly.

Case status

Current stage
Decided
Latest event
Decision released Oct 13, 2020
Case Accepted
Arguments
Decision ReleasedOct 13, 2020
What it's about

This case asks whether an internet security company like Malwarebytes can be sued for labeling a rival’s software as unwanted or harmful, or whether Section 230 protects that kind of blocking decision from civil liability. The Ninth Circuit allowed the suit to go forward, reasoning that Section 230 immunity may not apply when the blocking is allegedly motivated by anticompetitive animus.

Question presented

Whether the Ninth Circuit correctly held that 47 U.S.C. § 230(c)(2), titled “Protection for ‘Good Samaritan’ blocking and screening of offensive material,” does not provide immunity from liability for companies engaging in predatory practices that intentionally target competitors for anticompetitive reasons.

Case path

United States Court of Appeals for the Ninth Circuit / Decision released Oct 13, 2020

Area

Decided Supreme Court case

Briefing

What it's about

The case asks whether Section 230 protects an internet security company when it labels a rival's software as unwanted or harmful. The Ninth Circuit let the lawsuit continue, saying immunity may not apply if the blocking was allegedly driven by anticompetitive animus.

Vote

The case is pending, and oral argument has not been scheduled. Malwarebytes argues Section 230(c)(2) protects filtering tools, while Enigma argues immunity should not cover blocking aimed at a competitor for anticompetitive reasons.

Impact

The dispute could affect how far software and online services can go when they block or flag competing products. For example, security companies could face more lawsuits if rivals say those decisions were really meant to hurt competition.

What's next

The next sign of movement would be oral argument or another scheduling step from the Court. No decision window is available yet.

What is the core dispute in Malwarebytes v. Enigma?

The fight is over whether Section 230 protects Malwarebytes for flagging a rival's software. Enigma says that protection should not apply to anticompetitive targeting.

Why could this case matter beyond these two companies?

It could shape how security firms and online platforms label, block, or filter competing products. Businesses harmed by those choices may gain or lose a path to sue.

What should readers watch for next in this case?

Watch for oral argument or another scheduling move from the Court. There is no announced decision timeline yet.

Decision

Decision record

What the Court decided

The key question is whether Section 230 gives broad immunity for blocking decisions or leaves room for suits claiming a company targeted a rival unfairly.

Impact

The dispute could affect how far software and online services can go when they block or flag competing products. For example, security companies could face more lawsuits if rivals say those decisions were really meant to hurt competition.

Not official Court text.

Opinion documents

Timing

Decided October 13, 2020

The Court released its decision on October 13, 2020 without hearing oral argument.