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.