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Second Life Arbitration Clause Unenforceable

Posted by Zonk on from the furries-have-rights-too-you-know dept.

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."

5 of 161 comments (clear)

  1. Second Goatse Unbelieveable by Anonymous Coward · · Score: -1, Troll

    Goat See

  2. Sorry, I disagree here... by Anonymous Coward · · Score: -1, Troll

    No one if forcing you to accept the agreement. Don't like it? Don't play the game.

    And "unconscionable" seems rather vague.

    And regarding this : "there were no reasonable available market alternatives to Second Life. Of all the virtual worlds out there, only Second Life granted its users property rights in virtual land."

    So what? How does this matter?

    Only in California would a kooky lawsuit like this more forward.

  3. Re:this seemed to be the important one for most ga by noshellswill · · Score: -1, Troll

    Yep: Yeomanry gonna love this. The decision buggers libertoon CONTRACT-NAZIs right where it hurts them most -- in the feckin' wallet. Whimper away. nss ******

  4. Re:Not a good decision, really by Anonymous Coward · · Score: -1, Troll

    there are folks whose in-game activities constitute their entire income


    And I really don't want an overstretched legal system wasting one second of time on such folk. Fuck 'em. Let their accounts be terminated without reason and let them lose their liquidatable assets and source of income. Then, when they've finished crying, I shall welcome them as potentially productive members of society.

    Dammit, I knew a lack of gold standard was great for allowing the government to magically create value out of *nothing*, but guess what, if I have permission to play in someone's back yard, and they tell me, "sure, you can play with the leaves," and then some retard offers me $1,000 for a leaf, there's no obligation on the park owner to let me stay in the park long enough to retrieve that leaf.

    And even that analogy's pretty crappy as we're talking about something that actually exists, as opposed to something that, even if it possessed the modicum of novel expression that would make for a copyright argument, would not be owned by the players anyway, per ToS.

    Ugh, you button-punching neanderthals, get off your computers and do something great. Nothing wrong with some downtime, but Jesus Christ, don't build a life from jacking off in some imaginary Universe.
  5. gn4a by Anonymous Coward · · Score: -1, Troll

    And wha7 suuplies