ENIGMA SOFTWARE GROUP USA v. MALWAREBYTES, INC.

No. 17-17351.

938 F.3d 1026 (2019)

ENIGMA SOFTWARE GROUP USA, LLC, Plaintiff-Appellant, v. MALWAREBYTES, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2019.


Attorney(s) appearing for the Case

Terry Budd (argued), Budd Law PLLC, Wexford, Pennsylvania; Christopher M. Verdini and Anna Shabalov , K&L Gates LLP, Pittsburgh, Pennsylvania; Edward P. Sangster , K&L Gates LLP, San Francisco, California; for Plaintiff-Appellant.

Tyler G. Newby (argued), Guinevere L. Jobson , and Sapna Mehta , Fenwick & West LLP, San Francisco, California, for Defendant-Appellee.

Dissent by Judge Rawlinson.


OPINION

OVERVIEW

This dispute concerns § 230, the so-called "Good Samaritan" provision of the Communications Decency Act of 1996, enacted primarily to protect minors from harmful online viewing. The provision immunizes computer-software providers from liability for actions taken to help users...

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