A New York state judge recently ruled that Network Associates Inc. (NAI), a security software company in California, cannot use its end-user license agreements to restrict what its customers say about its products. The suit against NAI was initiated by the New York Attorney General's office last February after a magazine published an unfavourable review about NAI's software. NAI demanded a retraction and accused the magazine of violating its license agreement. At the time, the agreement included a clause which prohibited people from reviewing or testing NAI's products without its prior approval. In the lawsuit, the Attorney General alleged that this restrictive clause violated the media's and consumers' First Amendment rights to free speech, as well as their fair use rights. In her decision, Justice Marilyn Shafer struck down the restrictive clause as "deceptive". The court also enjoined NAI from "distributing, advertising and selling its software" with language that banned product reviews or benchmark tests. NAI has indicated that it plans to appeal the ruling. For a copy of the decision, visit: http://www.eff.org/IP/UCITA_UCC2B/spitzer-v-network-assic.pdf

E-TIPS® ISSUE

03 01 20

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