Linden Research, Inc., operates a multiplayer role-playing game in the virtual world known as Second Life at
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(a) In the federal district court in Pennsylvania that was hearing the suit, Rosedale, who lives in California, filed a motion to dismiss the claim against him for lack of personal jurisdiction. On what basis could the court deny this motion and assert jurisdiction? Is it fair to require Rosedale to appear in a court in a distant location? Explain.
(b) To access Second Life, a participant must accept its “Terms of Service” (TOS) by clicking an “accept” button. Under the TOS, Linden has the right “at any time for any reason or no reason to suspend or terminate your Account,” to refuse to return a participant’s money, and to amend the terms at its discretion. The terms also stipulate that any dispute be resolved by binding arbitration in California. Is there anything unfair about the TOS? Should the court compel Bragg to arbitrate this dispute? Discuss.
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Business Law Text and Cases
ISBN: 978-0324655223
11th Edition
Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Gaylord A. Jentz, F
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