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

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

Malwarebytes v. Enigma Software Group USA

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

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.

Case status

Decided · October 13, 2020

Read the opinion (PDF)
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

Timing

Decided October 13, 2020

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

Activity

Docket activity3
  • Opinion added: Opinion

    Oct 13, 2020 | Court records

  • Brief added: Petition

    May 11, 2020 | Court records

  • Court Order added: Lower Court Orders/Opinions

    Mar 6, 2020 | Court records