Zango Inc v. Kaspersky Lab Inc

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ZANGO, INC.,  No. 07-35800 Plaintiff-Appellant, v.  D.C. No.

CV-07-00807-JCC

KASPERSKY LAB, INC.,

OPINION

Defendant-Appellee.  Appeal from the United States District Court for the Western District of Washington John C. Coughenour, District Judge, Presiding

Argued and Submitted February 2, 2009—Seattle, Washington

Filed June 25, 2009

Before: Betty B. Fletcher, Pamela Ann Rymer and Raymond C. Fisher, Circuit Judges.

Opinion by Judge Rymer; Concurrence by Judge Fisher

7973 7976 ZANGO, INC v. KASPERSKY LAB, INC.

COUNSEL

Michael Rosenberger, Gordon Tilden Thomas & Cordell LLP, Seattle, Washington, for the plaintiff-appellant.

Erik Paul Belt, Bromberg & Sunstein LLP, Boston, Massa- chusetts, for the defendant-appellee.

OPINION

RYMER, Circuit Judge:

We must decide whether a distributor of Internet security software is entitled to immunity under the safe harbor provi- sion of the Communications Decency Act of 1996, 47 U.S.C. § 230, from a suit claiming that its software interfered with the use of downloadable programs by customers of…