New.net, Inc. v. Lavasoft

MEMORANDUM AND ORDER REGARDING MOTION FOR PRELIMINARY INJUNCTION

FEESS, District Judge.

I

INTRODUCTION

This case presents a dispute between Plaintiff New.net, Inc., a company that downloads software to individual computers through the internet, often without the knowledge or request of the computer user, and Lavasoft, which produces and distributes software that locates programs like the one written by New.net, notifies computer users of their presence, and, if requested, removes these programs from the user’s hard drive. Through this litigation, New.net, whose business ultimately “depends on its…