openPR Logo
Press release

Ninth Circuit Denies Malwarebytes' Petition for Rehearing - Court Rules Enigma Software can Proceed with its Lawsuit Against Malwarebytes for Anticompetitive Practices

01-03-2020 08:55 AM CET | IT, New Media & Software

Press release from: EnigmaSoft Limited

San Francisco, CA, January 2, 2020 − The Court of Appeals for the Ninth Circuit has denied Malwarebytes' Petition for Rehearing and Rehearing en banc and ordered that Enigma Software's lawsuit against Malwarebytes for anticompetitive, unfair trade practices can proceed in the District Court for the Northern District of California. The Ninth Circuit Court also ordered that no further petitions for rehearing or rehearing en banc will be entertained by the Court. For the Court’s Opinion, go to https://www.enigmasoftware.com/legal/ninth-circuit-order-amended-opinion-enigma-software-vs-malwarebytes-12-31-2019.pdf and https://www.enigmasoftware.com/legal/ninth-circuit-docket-entry-enigma-software-vs-malwarebytes-12-31-2019.pdf.

Malwarebytes had previously filed its Petition for Rehearing and Rehearing en banc in response to the Ninth Circuit's ruling in favor of Enigma Software in the appeal of its lawsuit against Malwarebytes − and the Ninth Circuit’s ruling that Section 230 of the Communications Decency Act is "not limitless" as claimed by Malwarebytes. For the Court's prior Opinion, go to https://www.enigmasoftware.com/legal/court-opinion-us-court-appeals-ninth-circuit-enigma-software-vs-malwarebytes-case-17-17351.pdf. In its newly issued Order and Opinion, the Ninth Circuit effectively confirmed its previous rejection of Malwarebytes' position that Malwarebytes could unilaterally decide to block any software it wanted for any reason it chose, without ever having to account to anyone for the harm it causes or for practices that violate anticompetition laws.

As previously noted in other publications and its suit, Enigma Software originally filed its lawsuit against Malwarebytes based on Malwarebytes' anticompetitive, unfair trade practices of blocking Enigma Software's award-winning, independently tested, certified anti-malware program that has protected millions of users from cybersecurity threats worldwide. As set forth in the allegations of the lawsuit, Malwarebytes targeted Enigma Software precisely because Enigma Software is a successful competitor whose safe and effective anti-malware tool is popular with users. As also described at length in the lawsuit, Malwarebytes' anticompetitive blocking practices have specifically harmed consumers by depriving them of the right to use the security software of their choice, as well as the right to choose to have multiple layers of anti-malware protection on their devices to better protect against ever-increasing malware risks and cybersecurity threats.

To see the video of the Oral Argument of the case before the 9th Circuit Court of Appeals, go to https://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000015143.

To see the Opening Legal Brief filed by Enigma Software, go to https://www.enigmasoftware.com/legal/opening-legal-brief-filed-by-enigma-software-vs-malwarebytes-case-17-17351.pdf.

EnigmaSoft Limited
1 Castle Street,
3rd Floor,
Dublin 2 D02XD82
Ireland

About EnigmaSoftware/EnigmaSoft Ltd

Enigma Software Group USA, LLC was the original producer of SpyHunter 4 (which is the subject of the litigation) and is an affiliated company to EnigmaSoft Limited. EnigmaSoft Limited is a privately held Irish company with offices and global headquarters in Dublin, Ireland. EnigmaSoft is best known for developing and distributing SpyHunter 5, an anti-malware software product and service. SpyHunter 5 detects and removes malware, enhances Internet privacy, and eliminates security threats – addressing issues such as malware, ransomware, trojans, rogue anti-spyware, and other malicious security threats affecting millions of PC users on the web. SpyHunter 5 has scored top grades in testing by independent third-party testing labs such as AV-TEST. SpyHunter 5 has also been certified by AppEsteem, Checkmark Certified and TRUSTe.

This release was published on openPR.

Permanent link to this press release:

Copy
Please set a link in the press area of your homepage to this press release on openPR. openPR disclaims liability for any content contained in this release.

You can edit or delete your press release Ninth Circuit Denies Malwarebytes' Petition for Rehearing - Court Rules Enigma Software can Proceed with its Lawsuit Against Malwarebytes for Anticompetitive Practices here

News-ID: 1888618 • Views:

More Releases from EnigmaSoft Limited

SpyHunter 5 Earns AppEsteem's
SpyHunter 5 Earns AppEsteem's "Deceptor Fighter" Certification & Blocks 100% of …
Dublin, Ireland, April 27, 2021 – EnigmaSoft Limited is proud to announce that AppEsteem has awarded SpyHunter 5 its "Deceptor Fighter" Certification. This Certification is awarded to anti-malware software that passes AppEsteem’s rigorous UwS (Unwanted Software) Handling Certification testing. The test measures how accurately and efficiently a security product identifies applications that AppEsteem has categorized as "deceptors" or certified as "clean." The results of the UwS Handling Certification Test are
EnigmaSoft Releases SpyHunter for Mac to Combat Mac Malware's Unprecedented Rise
EnigmaSoft Releases SpyHunter for Mac to Combat Mac Malware's Unprecedented Rise
Dublin, Ireland, April 23, 2020 - EnigmaSoft Limited has released SpyHunter for Mac, a powerful malware detection and removal product that brings advanced security and optimization technologies designed for and compatible with macOS. Although historically it was commonly perceived that Mac computers were more secure and not as susceptible to malware attacks as Windows systems, this perception has changed dramatically in recent years as Mac malware prevalence and complexity has

More Releases for Enigma

Author Alexa Aston Releases New Contemporary Romance - Hollywood Enigma
Author Alexa Aston Releases New Contemporary Romance - Hollywood Enigma From internationally bestselling romance author Alexa Aston – the final book in the exciting Hollywood Name Game – a stunning new contemporary romance series. Read for FREE with Kindle Unlimited! She’s a legal shark—sleek and deadly—but doesn’t trust anyone beyond her small circle of family and friends. He’s internationally famous—and yet a mystery to the world as he cloaks himself in privacy. Can they
Design Thinking Market Worth Observing Growth: Enigma, UpBOARD, Planbox
A new business intelligence report released by HTF MI with title "Design Thinking Market Research: Global Status & Forecast by Geography, Type & Application (2016-2026)" is designed covering micro level of analysis by manufacturers and key business segments. The Design Thinking Market survey analysis offers energetic visions to conclude and study market size, market hopes, and competitive surroundings. The research is derived through primary and secondary statistics sources and it
Home Service Validation System-A Social Enigma
[The “HOME SERVICE VALIDATION SYSTEM” is a rare American, unexplored, ultra-conservative home improvement contractor screening alternative Introduction [Among the leading reasons for most contract-related home maintenance and improvement improprieties in America is that private home decision makers neglect doing the necessary research on contractors. The "HOME SERVICE VALIDATION SYSTEM" can be enormously instrumental in changing that. It all begins with the "SERVICE VALIDATION FORM"] There is a website (match heading) where
Enigma Software Group Presses New French Lawsuit Claims Against Malwarebytes
PARIS, FRANCE, January 11, 2018 − Enigma Software Group USA, LLC ("ESG") has initiated a lawsuit against Malwarebytes Inc. and Malwarebytes Limited (Malwarebytes) in the Commercial Court of Paris over Malwarebytes' unlawful, predatory business practices in France, which are hurting French consumers and ESG. ESG's lawsuit against Malwarebytes asserts claims under French law for Malwarebytes' unlawful conduct of falsely labeling ESG's programs as "potentially unwanted programs" and blocking and interfering
Enigma Software Group Responds to Malwarebytes Incompatibility
CLEARWATER, FL, December 20, 2016 − Enigma Software Group USA, LLC ("ESG") began notifying its customers that Malwarebytes Inc., the maker of Malwarebytes Anti-Malware ("MBAM") and AdwCleaner, has begun intentionally blocking the installation and operation of ESG's programs SpyHunter and RegHunter for what ESG believes are competitive reasons. This action by Malwarebytes has created an immediate incompatibility between SpyHunter or RegHunter coexisting on the same PC with MBAM. Independent third-party certification
Enigma Software Group Files Suit Against Malwarebytes
CLEARWATER, FL, October 7, 2016 − Enigma Software Group USA, LLC (ESG) filed a complaint in federal court in New York today against competing anti-malware provider Malwarebytes Inc. The complaint, available here, alleges false advertising, unfair competition, and tortious interference with contractual relations. The complaint alleges that Malwarebytes this week began improperly detecting and reporting to consumers that ESG's anti-malware product SpyHunter® and ESG's registry cleaner product RegHunter® were Potentially Unwanted