New. Net, Inc. v. Lavasoft

MEMORANDUM AND ORDER REGARDING DEFENDANT’S MOTION TO STRIKE AND DISMISS PLAINTIFF’S COMPLAINT PURSUANT TO CAL. CIV. PROC. CODE SEC. 425.16 AND FED. R. CIV. P. 12(c)

FEESS, District Judge.

I

INTRODUCTION & BACKGROUND 1

This case presents a dispute between two downloadable software providers, New.net whose software, NewDotNet, is downloaded onto individual computers often without the knowledge or request of the computer owner, and Lavasoft whose software, Ad-aware, is purposefully down loaded by the computer user to detect and remove programs like the one written by New.net. New.net complains that…