I never said it could, BUT, you would have to go to Los Angeles County and file there to *SHOW* that it did offend state or federal law. You would have to establish jurisdiction in another court/district (jurisdiction is a whole topic in and of itself in law school). Your best bet to being able to file "locally" (at least somewhat) would be if you could move it into federal court in some manner, but you'd pretty much have to have your class certified first, and you'd never find an attorney who would take this case... there's NO money in it...
Remember, it's totally okay to put things that offend state and federal law in a contract, but good luck enforcing those portions of the contract (or the contract as a whole if you were stupid enough to not put in a severability clause). They can TRY and enforce the offensive parts of the contract, and then your recourse would be to show that they did offend state and/or federal laws.
Imagine a loan shark. The court will enforce the debt to the debtor, but would reduce the interest down to a level that complies with usury laws.
You don't file in small claim's court in the Plaintiff's Jurisdiction (i.e. yours), you have to file in the Defendant's Jurisdiction. Furthermore, RTFEULA!!! Sec 13 explicitly states that any claims will be resolved in Los Angeles County Court.
Sec. 13 - "This License Agreement shall be deemed to have been made and executed in the State of California without regard to conflicts of law provisions, and any dispute arising hereunder shall be resolved in accordance with the law of California. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in any state or federal court located in the State of California, County of Los Angeles, having subject matter jurisdiction with respect to the dispute between the parties."
Somebody really needs to teach you guys the BASICS of the US legal system...
I'm sorry, but your ACLU-eque interpertation shows your ignorance of, well, reality. ANY freedom is not absolute. We have liable, slander, and simply speech that is not protected. Some examples of unproceted speech would be the "Fire!" in a crouded theater, or a call from a KKK/nazi leader to kill all the minorities.
Freedom of religion is not absolute either. Look at the problems that native americans have with payote, and as much as Michael Jackson would like it, if I started a religion that one of the tenants was child rape, that activity/religion would not be proctected.
Forgive the lack of real cite for most of this stuff, no WL/LX access now.
Similarly, "freedom of the press" is not absolute either. Journalists DO NOT, despite their assertion that they have the right, have the right to not divulge a source if a court orders them to. Look at the Taricani case in Rhode Island. (http://www.turnto10.com/plunderdome/3983915/detai l.html).
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Remember, it's totally okay to put things that offend state and federal law in a contract, but good luck enforcing those portions of the contract (or the contract as a whole if you were stupid enough to not put in a severability clause). They can TRY and enforce the offensive parts of the contract, and then your recourse would be to show that they did offend state and/or federal laws.
Imagine a loan shark. The court will enforce the debt to the debtor, but would reduce the interest down to a level that complies with usury laws.
Seriously people...
Sec. 13 - "This License Agreement shall be deemed to have been made and executed in the State of California without regard to conflicts of law provisions, and any dispute arising hereunder shall be resolved in accordance with the law of California. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in any state or federal court located in the State of California, County of Los Angeles, having subject matter jurisdiction with respect to the dispute between the parties."
Somebody really needs to teach you guys the BASICS of the US legal system...Freedom of religion is not absolute either. Look at the problems that native americans have with payote, and as much as Michael Jackson would like it, if I started a religion that one of the tenants was child rape, that activity/religion would not be proctected.
Forgive the lack of real cite for most of this stuff, no WL/LX access now.
Similarly, "freedom of the press" is not absolute either. Journalists DO NOT, despite their assertion that they have the right, have the right to not divulge a source if a court orders them to. Look at the Taricani case in Rhode Island. (http://www.turnto10.com/plunderdome/3983915/detai l.html).
There have been courts that HAVE increased protection for journalists. (http://www.cleveland.com/news/plaindealer/index.s sf?/base/news/1107426969235690.xml).
Freedom is NOT absolute guys! There are limits that affect us every day. deal with it.