[Am-info] Court: Network Associates can't gag users

[Fred A. Miller]

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This MAY in the future be important in regards to MickySoft.

Fred

> Question:  Can vendors like Network Associates attempt to also use
> anti-review clauses in software licensee agreements to prevent public
> disclosure of security holes in their products?  This ruling probably
> only applies in the state of New York and Network Associates plans to
> appeal.

> Court: Network Associates can't gag users
> By Lisa M. Bowman
>
> http://news.com.com/2100-1023-981228.html
>
> In a victory for free-speech advocates and product reviewers, a New Yor=
k
> state judge has ruled that Network Associates can't prevent people from
> talking about its products.
>
> New York state Supreme Court Justice Marilyn Shafer issued a ruling,
> made public this week, prohibiting the security software specialist fro=
m
> trying to use its end-user license agreements to ban product reviews or
> benchmark tests.
> The judge called the company's attempted ban "deceptive" because it
> implied consumers who conducted the reviews would be violating the law,
> when they would not. Shafer has not ruled on damages.
>
> The New York attorney general's office began investigating the case
> after Network World Fusion magazine published an unfavorable review of
> the Santa Clara, Calif.-based company's "Gauntlet" firewall software in
> 1999. According to the ruling, Network Associates demanded a retraction
> and accused the magazine of violating its licensing agreement. At the
> time, the agreement stated that people could not review or test Network
> Associates products without prior approval from the company.
>
> The attorney general's office filed suit last year, claiming the
> licensing agreement's language may cause people to believe that they're
> breaking the law by reviewing the product without consent.
>
> "Such clauses censoring speech and criticism chill not only consumers'
> speech, but also prevent academics, consumer advocates and technology
> experts alike from openly and freely discussing software products," New
> York Attorney General Eliot Spitzer said in a statement. "Restrictions
> like these threaten to hinder the spirit of innovation and critical
> appraisal the public needs to keep software effective, efficient and
> safe."
>
> Network Associates said it plans to appeal the ruling. "I just don't se=
e
> how we've deceived anyone," said Kent Roberts, executive vice president
> and general counsel for Network Associates. "Our goal here was to
> actually increase the amount of information available to customers."
>
> Roberts said the company inserted the phrasing in question into its
> agreements to help make sure reviews and benchmarks reflected the
> current version of the product.

- --=20
"DRM.. Digitally Retarded Media. That's exactly what it is - content
that cannot reach its full potential because of artificial restraints." -=
Paul=20
Rickard
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