CDA Software Immunity Isn't 'Limitless,' Split 9th Circ. Says

Law360 (September 12, 2019, 10:52 PM EDT) -- A split Ninth Circuit panel said Thursday the Communications Decency Act doesn't give "limitless" immunity to software providers that offer online blocking technologies, though one judge countered that the CDA's loophole is larger than her colleagues believe.

U.S. Circuit Judge Mary M. Schroeder penned the majority opinion reviving a case stemming from allegations that Malwarebytes Inc. configured its online blocking software to screen out similar software products offered by a competitor, Enigma Software Group USA LLC.

Judge Schroeder, joined by U.S. District Judge Robert S. Lasnik, sitting by designation, said the district court was wrong to toss the case based on...

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