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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."
Oh darn now I gotta rewrite my new program's EULA that says "if you don't like my program or it breaks your computer, go **** yourself." Lol I think it's good idea to force game makers actually responsible for stuff that happens in it and its customers well being.
Google's Super Secret Search Algorithm: SELECT @search_results FROM internet WHERE @search_results = 'good'
Seems risky to say "no viable market alternative" to Windows on Slashdot, as arguable as that may be.
It would be interesting if MS were attacked on those grounds, because the obvious (IA certainly NAL) defense is highlighting the viable market alternatives, which any monopolist is loath to do. Likewise, all those who would enjoy seeing MS lose would be caught in the Catch-22 of admitting that [insert favorite minority OS] is a non-viable alternative... I think this has solid potential for some entertaining threads here and there.
Correct, it is obviously for censorship.
Please people, please: use IMNAL. We're not interested in your bedroom behavior.
I feel fantastic, and I'm still alive.
Well not entirely a monopoly on virtual land sales, I think there's someone who sells people title deeds to bits of the moon.
Video Game cheats, hints a