The Attorney General of New York has sued Network Associates,
the company behind the popular McAfee anti-virus and firewall
ranges, over a clause in its standard license agreement which
forbids public criticism of the products.
For several years, Network Associates has informed users in end
user licence agreements (EULAs) that they are prohibited from
publishing "product reviews" or "benchmark tests" without the
company's permission. Attorney General Eliot Spitzer's lawsuit
alleges that such restrictive covenants are illegal, and that they
harm the public by censoring discussions of a product's flaws and
defects.
"It is unconscionable that a reputable software developer such
as Network Associates would seek to chill and censor public speech
and debate about its products," said Spitzer. "It would be
unthinkable for an automobile manufacturer to use a contract to
preclude drivers from criticising their cars, or to bar automotive
magazines from pointing out product defects. By filing this lawsuit
we are seeking to hold software developers to the same
standard."
Spitzer's suit also alleges that the clauses infringe upon
consumers' and the media's freedom of speech and fair use rights
under copyright law. It contends that by informing software users
that the speech restrictions are justified under existing "rules
and regulations" – even though no such rules or regulations really
exist the company also committed an unlawful deceptive
practice.
