I wanted to give a quick update on the lawsuit filed by Enigma Software Group against Bleeping Computer, LLC. On July 8th 2016, we received a very thorough
51 page opinion & order from the Judge regarding our Motion to Dismiss. Unfortunately, due to the very high standards required when deciding if a claim should be dismissed, only 1 out of 4 of Enigma's claims were dismissed. In summary, the libel claims, libel per se, and Lanham act claims are allowed to continue, while the Trade Libel/Commercial Disparagement claim was dismissed.
As frustrating as it is knowing that BleepingComputer.com did nothing wrong, my understanding is that during the Motion to Dismiss stage, the facts are not necessarily relevant when deciding whether the case should continue or not. It is instead based upon whether case law shows that the "claims", true or not, make for a valid and legal case.
The good news is that now we are at the stage of this process where it can be proven that comments made by Quietman7 were made purely to offer advice, were either opinion or true, and that this is not some "scheme" perpetrated by the site. We believe that when all the facts come out we will prevail.
At the same time, the fact that we have to continue to fight against this baseless lawsuit only increases our costs exponentially, which we believe is the very purpose of this suit in the first place.
I will be happy to try and answer any questions about this process, but for obvious reasons, I will not be able to discuss our current strategy or further details as to how we are proceeding.
