CLEARWATER, FL, November 9, 2017 − Enigma Software Group USA, LLC’s (“ESG”) lawsuit against Malwarebytes for its anti-competitive conduct in blocking Enigma Software Group’s high-quality anti-malware program is proceeding to the Court of Appeals for the 9th Circuit. As Malwarebytes has already been informed, Enigma Software Group is pressing its claims on appeal for a full review of the limitations imposed under the law under Section 230 of the Communications Decency Act. Enigma Software Group’s lawsuit was originally filed over the predatory, anti-competitive practices of Malwarebytes in blocking Enigma Software Group’s independently tested, certified program that has protected millions of users from malware risks. As made clear in the lawsuit, Malwarebytes targeted Enigma Software Group precisely because Enigma Software Group is a successful competitor with millions of users choosing its program as a safe and effective anti-malware tool. As also laid out in the lawsuit, Malwarebytes blocking practices have harmed both consumers and Enigma Software Group, alike. Most significantly, the anti-competitive conduct of Malwarebytes deprives consumers of the right to use the security software of their choice − which will be one of the issues presented to the Appeals Court.
Enigma Software Group, respectfully, disagrees with the District Court’s characterization of the case facts and conclusions of law in its Opinion and is appealing the decision, as is its right under the law. Any suggestion by Malwarebytes that the legal dispute is over ignores the authority of the 9th Circuit Court of Appeals to review the merits of Enigma Software Group’s claims. Enigma Software Group has already previously pointed out the odd contradiction in Malwarebytes’ legal position, which logically allows every competitor of Malwarebytes to list Malwarebytes also as a Potentially Unwanted Program. Enigma Software Group believes that Malwarebytes’ legal arguments are wrong on the facts of this case and fly in the face of the law − and would potentially expose any company improperly applying the law to significant liabilities and damages as asserted by Enigma Software Group against Malwarebytes. Enigma Software Group steadfastly believes in the merits of its claims and has great confidence in the 9th Circuit Court of Appeals to review the strength of its case. Case No. 5:17-cv-02915-EJD-Enigma Software Group USA, LLC v. Malwarebytes, Inc.
Enigma Software Group’s Complaint
Enigma Software Group’s Legal Brief