In May we reported that software company (or adware company according to some) Zango had filed a lawsuit against PC Tools the makers of Spyware Doctor. According to the company, Spyware Doctor removed its software without warning users and was seeking $35 million in compensation for ‘irreparable harm’ through the courts.
The decision to withdraw the suit came as a result of the court’s refusal to issue a temporary restraining order against PC Tools. The judge ruled that it was ‘unlikely that the Plaintiff will be able to prove that the Defendant’s software was unfair or deceptive.’ PC Tools CEO Simon Clausen said of the ruling:
It appears that Zango has realised they were not going to prevail in this matter and the case has been withdrawn on this basis. We believe the case should not have been brought in the first place. The outcome sends a strong message that PC Tools will not be changing their classification of programs as a result of the threat of legal proceedings.
This is excellent news for PC users everywhere as Zango have been embroiled in this kind of controversy before. In 2005, it unsuccessfully tried to bring a similar lawsuit against ZoneLabs, makers of ZoneAlarm Firewall, for labelling Zango products as ‘an elevated threat’. It’s encouraging news that the courts have supported Spyware removal software makers in not being intimidated by legal threats.
