Malware case pops up

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The Ninth Circuit Court of Appeals has agreed to review a case, in which ad-supported freeware company Zango sued spyware removal company Kaspersky Lab in 2007, alleging that Kaspersky interfered with Zango's relation­ships with its customers by deleting Zango's pop-up serving program.

The case was dismissed in an earlier court because of the Communications Decency Act, which allows services provid­ers to act in good faith to block objectionable material. However, Zango countered the decision based on its compliance with privacy and opt-out laws due to a 2006 FTC settlement.

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