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Malwarebytes Obtains Section 230 Win

November 09, 2017

The Recorder reported that U.S. District Judge Edward Davila granted Malwarebytes’ motion to dismiss a lawsuit filed against it by Enigma Software Group USA under a rarely litigated provision of Section 230.

Judge Davila ruled Malwarebytes cannot be held liable for its decision to filter Enigma Software Group’s anti-malware products as “potentially unwanted programs.”

The court reaffirmed that internet security software companies have immunity under Communications Decency Act Section 230(c)(2)(B), exercising their discretion in deciding what material is “objectionable” and will be filtered by the software they provide to users.

According to The Recorder, Judge Davila affirmed that there is no “good faith” requirement to CDA Section 230(c)(2)(B) immunity, as courts do not need to examine whether a provider of the technical means to filter objectionable material acted in good faith.

Malwarebytes is represented by Fenwick’s Tyler Newby, Guinevere Jobson, and Sapna Mehta.

The full article is available through The Recorder website​ (subscription required).​​​