Lavasoft

MEMORANDUM AND ORDER REGARDING DEFENDANT’S MOTION TO STRIKE AND DISMISS PLAINTIFF’S COMPLAINT PURSUANT TO CAL. CIV. PROC. CODE SEC. 425.16 AND FED. R. CIV. P. 12(c)

I.

INTRODUCTION & BACKGROUND

This case presents a dispute between two downloadable software providers, New.net whose software, NewDotNet, is downloaded onto individual computers often without the knowledge or request of the computer owner, and Lavasoft whose software, Ad-aware, is purposefully down loaded by the computer user to detect and remove programs like the one written by New.net. New.net complains that the injuries caused by Ad-aware’s inclusion of NewDotNet in its database are actionable under both state and federal law.

The Court previously denied New.net’s motion for a preliminary injunction to halt Lavasoft from including NewDotNet in its database. In ruling on that motion the Court concluded, among other things, that Lavasoft, through its software, was engaging in First Amendment protected speech. Now Lavasoft moves to dismiss the state claims in their entirety under California’s anti-SLAPP statute, which provides an expedited procedure for dismissing lawsuits designed to stifle speech on issues of…