November 9, 2017

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Judge Grants Malwarebytes Motion to Dismiss Lawsuit by Enigma Software Group Under the Communication Decency Act

SANTA CLARA, Calif. – Nov. 08, 2017 – Malwarebytes, the leading advanced malware prevention and remediation solution, today announced the dismissal of claims brought by Enigma Software Group USA LLC (“Enigma”). The United States District Court, Northern District of California, San Jose Division recognized that Malwarebytes is entitled to immunity under 47 U.S.C. § 230(c)(2)(B) with respect to all of Enigma’s claims and ordered the Court Clerk to close the file on November 7, 2017.

The complaint alleged Malwarebytes detects Enigma’s SpyHunter® and RegHunter® as Potentially Unwanted Programs. Malwarebytes argued that all of Enigma’s claims (false advertising in violation of the Lanham Act, tortious interference with contractual relations and tortious interference with business relations) are barred by the immunity provisions of the Communications Decency Act based on the Ninth Circuit’s opinion in Zango, Inc. v. Kaspersky.

“This is a critical win, not only for Malwarebytes, but for all security providers who will continue to have legal protection to do what is right for their users,” said Marcin Kleczynski, Chief Executive Officer of Malwarebytes.

A copy of the Clerk’s filing (Case 5:17-cv-02915-EJD Document 105) may be found online at https://www.malwarebytes.com/pdf/press/OrderGrantingDefendantsMotiontoDismiss.pdf.

 

About Malwarebytes

Malwarebytes is the next-gen cybersecurity company that millions worldwide trust. Malwarebytes proactively protects people and businesses against dangerous threats such as malware, ransomware and exploits that escape detection by traditional antivirus solutions. The company’s flagship product combines advanced heuristic threat detection with signature-less technologies to detect and stop a cyberattack before damage occurs. More than 10,000 businesses worldwide use, trust and recommend Malwarebytes. Founded in 2008, the company is headquartered in California, with offices in Europe and Asia and a global team of threat researchers and security experts. For more information, please visit us at http://www.malwarebytes.com/.

Malwarebytes founder and CEO Marcin Kleczynski started the company to create the best disinfection and protection solutions to combat the world’s most harmful Internet threats. Marcin was recently named “CEO of the Year” in the Global Excellence awards and has been named to the Forbes 30 Under 30 Rising Stars of Enterprise Technology list and the Silicon Valley Business Journal’s 40 Under 40 award, adding those to an Ernst & Young Entrepreneur of the Year Award.

 

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