Enigma Software Group Files Notice of Appeal Taking Case Against Malwarebytes for Predatory Unfair Practices to the 9th Circuit
Enigma Software Group pressing appeal on its claims that Malwarebytes has abused the law to gain competitive advantages over competitors.
Malwarebytes unfair business practices hurt software companies, as well as consumers' right to free choice.
CLEARWATER, Florida, Nov. 22, 2017 /PRNewswire/ -- Enigma Software Group USA, LLC ("ESG"), maker of the anti-malware program SpyHunter 4, today announced it has filed a Notice of Appeal in US District Court in its case against Malwarebytes, Inc. In October 2016, Enigma Software Group sued Malwarebytes for unlawfully blocking consumers from using Enigma Software Group's SpyHunter 4 through a series of predatory tactics. Earlier this month, a District Judge dismissed Enigma Software Group's lawsuit. Respectfully disagreeing with the Court's Opinion, Enigma Software Group has now filed a Notice of Appeal to take the case to the 9th Circuit Court of Appeals.
"This case is about fighting unfair business practices and protecting consumer choice," said Enigma Software Group spokesperson Ryan Gerding. "Malwarebytes has made it virtually impossible for our customers to use our software the way they want to."
Enigma Software Group argues that Malwarebyte's blocking of SpyHunter 4 is a far cry from merely recommending their product over others. Malwarebytes' not only quarantines and disables SpyHunter 4, but also makes it difficult for users to install SpyHunter 4 − thereby rendering the program effectively useless. This tactic by Malwarebytes against a strong competitor denies consumers the right to select security software of their own choosing.
Further, Malwarebytes contends Section 230 of the Communications Decency Act gives the company unlimited power to block, quarantine, and disable any software program that it finds "otherwise objectionable", and that the company does not even need to act in "Good Faith" when making those arbitrary judgments. Enigma Software Group believes this is a perversion of the true intended meaning of the statute.
Malwarebytes has identified SpyHunter 4 as a "Potentially Unwanted Program", when nothing could be further from the truth. Enigma Software Group's customers have voluntarily downloaded SpyHunter 4, voluntarily installed SpyHunter 4, and voluntarily paid for continued use of SpyHunter 4. Yet Malwarebytes believes it is "Potentially Unwanted". Hundreds of paying Enigma Software Group customers have complained about not having access to SpyHunter 4's protections since Malwarebytes began disabling it last year.
"We believe consumers should be able to choose which security products, and how many security products, they want protecting their computers," Gerding said. "We know that many consumers want to have multiple layers of protection and opt for multiple security products. By disabling SpyHunter 4, Malwarebytes is robbing consumers of that choice. We believe the guiding principle should be users' free choice in a market where all anti-malware products are available to consumers, and where the products compete based on their quality and customer satisfaction − not based on unfair business practices."
Case--5:17-CV—02915-EJD – Enigma Software Group USA, LLC v. Malwarebytes, Inc.
About Enigma Software Group USA, LLC
Enigma Software Group USA, LLC is a privately held international systems integrator and developer of PC security software, with offices in the United States and the European Union. The company's specialties are the development of PC security software, online security analysis, adaptive threat assessment, and detection of PC security threats, as well as malware custom fixes for its millions of subscribers worldwide. ESG is best known for SpyHunter®, its anti-malware software product and service. SpyHunter 4 has repeatedly scored top grades in comparative testing by independent third-party testing labs such as AV-Comparatives and AV-TEST. SpyHunter 4 has also been certified by OPSWAT and TRUSTe.
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SOURCE: Enigma Software Group USA, LLC
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