[asterisk-biz] FW: "illusory" terms of service

[Dean Collins]

While not restricted to online websites I'm wondering if some of the
people on this list running USA based ITSP's could be affected by this
court case.

 

 

 

Regards,

Dean Collins
Cognation Inc
dean at cognation.net
<mailto:dean at cognation.net> +1-212-203-4357   New York
+61-2-9016-5642   (Sydney in-dial).
+44-20-3129-6001 (London in-dial).

________________________________

From: Dean Collins 
Sent: Monday, April 20, 2009 10:45 AM
Subject: "illusory" terms of service

 

First posted at:
http://deancollinsblog.blogspot.com/2009/04/illusory-terms-of-service.ht
ml


 


 


"Illusory" terms of service
<http://deancollinsblog.blogspot.com/2009/04/illusory-terms-of-service.h
tml>  


Wow I'm not sure how many people caught this or understood the
ramifications of it.

I'm trying to do some additional research to find out what this means
but this ruling at MediaPost.com
<http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=
104357>  this morning caught my eye.


Lynn determined that Blockbuster's contract with users was "illusory"
because the agreement said that movie rental store could change the
terms and conditions at any time.
A Blockbuster spokesperson declined to comment on the case or state
whether the company will appeal. 

The decision is a blow to Blockbuster because individual consumers would
have had a difficult time bringing cases one-by-one against the company.
But the decision paves the way for attorneys to argue that all consumers
affected by Blockbuster's participation in Beacon should be able to
proceed as a class. 

Internet law expert Venkat Balasubramani said Lynn's decision
invalidating Blockbuster's user agreement was potentially far-reaching
because many Web companies reserve the right to make changes to their
terms of service. "It seems broad and could have impact on the terms of
service used by a lot of different companies," he said.


I'm fairly sure this has to be appealed as couldn't this throw a lot of
User Agreements out the window? (I know it would affect my agreement at
www.LiveBaseballChat.com <http://www.livebaseballchat.com/>  out the
window).

Any thoughts about how this affects your business? Post below.




 

 

 

Regards,

Dean Collins
Cognation Inc
dean at cognation.net
<mailto:dean at cognation.net> +1-212-203-4357   New York
+61-2-9016-5642   (Sydney in-dial).
+44-20-3129-6001 (London in-dial).

 

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