Justices Urged To Reject Web Filter 'Doomsday Scenarios'

Law360 (July 28, 2020, 3:57 PM EDT) -- Enigma Software Group USA LLC has urged the U.S. Supreme Court to preserve its unfair competition claims against security software company Malwarebytes and told the justices Malwarebytes was spinning "fictional doomsday scenarios" in an attempt to win the high court's favor.

According to a brief from Enigma on Monday, the Ninth Circuit's ruling that Malwarebytes couldn't use immunity from the Communications Decency Act's Section 230 to defend its blocking of users from downloading and using Enigma's software was a "common-sense, textually grounded holding."

"The Ninth Circuit opinion agrees that Section 230 confers broad immunity; it clarifies only that the immunity is not 'unfettered' and cannot...

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