Standing up for free speech
NAI lands itself a hefty fine...
Network Associates Inc. (NAI) has landed itself a hefty fine to start the
new year after a New York court ruled against the company last month in a
legal battle that has been ongoing since early last year.
New York State
attorney general Eliot Spitzer sued NAI in spring 2002 over an
'unenforceable clause' on its software products and website, which curtails
the user's right to publish product reviews. The clause reads 'The customer
will not publish reviews of this product without prior consent from Network
Associates Inc.'. The NY attorney general asserts that this is a violation
of customers' rights to free speech.
Meanwhile, NAI claims that the sole purpose of the clause is to prevent the
publication of reviews of outdated versions of the software - and there
have been plans since February 2002 to update the wording to reflect this
more accurately. However, a year later, the company is still in the process
of changing the clause; NAI's legal representative Ken Roberts said, 'We're
trying to get it done as quickly as possible.'
Justice Shafer of the State
Supreme Court in Manhattan ruled that the clause was deceptive, and ordered
NAI to pay 50 cents for every copy of its products sold bearing the licence
- which, VB imagines, mounts up to a fair number and may somewhat increase
the speed with which the 16 words are updated.
03 February 2003
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