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Enigma allowed to sue rival Malwarebytes

by on09 June 2023

You can’t say our programme is potentially unwanted

The Ninth Circuit Appeal Court has allowed Enigma software to proceed with its lawsuit against Malwarebytes for flagging its anti-spyware software as a 'potentially unwanted program.'

The lawsuit alleges that Malwarebytes has engaged in anti-competitive conduct under the Lanham Act and tortious interference with Enigma's business.

However, the ruling has been blasted by some in the industry and legal experts because it does not show that the court knows how the industry works.

Eric Goldman, professor at Santa Clara University School of Law said security companies use the terms 'malicious' and 'threat' and the judgement means that there will be more disputes over such classifications in the future, making the job of cybersecurity companies tougher.

Goldman said anti-malware software vendors will now simply minimise their financial and legal risks by removing supposed anti-threat programs from their list of suspect apps even if they display dangerous behaviour.

Enigma said: "Malwarebytes has disparaged Enigma's products for commercial advantage by making misleading statements of fact. Trying to wrap them in a First Amendment flag does not make them less offensive or actionable."


Last modified on 09 June 2023
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