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.