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

[Eric Chamberlain]

There doesn't appear to be any new law here <http://amlawdaily.typepad.com/Blockbusterdecision.pdf 
 >  nor is it particularly Internet specific.  Basically, you can't  
make arbitration provision changes retroactively.


On Apr 20, 2009, at 7:51 AM, Dean Collins wrote:

> 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
> +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.html
>
>
>
>
> "Illusory" terms of service
>
> 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 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 out the window).
>
> Any thoughts about how this affects your business? Post below.
>
>
>
>
>
> Regards,
> Dean Collins
> Cognation Inc
> 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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