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Second Life Arbitration Clause Unenforceable

NewYorkCountryLawyer writes "In a decision that could have far-reaching implications, a federal court in Pennsylvania has held that the California arbitration clause in the 'take it or leave it' clickwrap agreement on the Second Life website is unconscionable, and therefore unenforceable. In its decision (pdf) in Bragg v. Linden Research, Inc., No. 06-4925 (E.D. Pa. May 30, 2007), the Court concluded that the Second Life 'terms of service' seek to impose a one-sided dispute resolution scheme that tilts unfairly, 'in almost all situations,' in Second Life's favor. As a result, the case will stay in Pennsylvania federal court, instead of being transferred to an arbitration forum in California."

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  1. TOS invalidated for all MMOs, Gold sellers rejoice by phildawg · · Score: 0, Flamebait

    As most competent players have always felt, the TOS found in most all video games is unenforceable. How long until the first banned account decides to sue the video game companies for taking 'their' items and characters away. I'm very excited for this as it's one step closer to making gold selling legally acceptable.