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

[C. Savinovich]

Yeah, I look forward for the day companies that offer "Unlimited"
termination service per month begin to have their service categorized as
"Illusory" service.  That would be sweet (and just).

 

CS

 

 

From: asterisk-biz-bounces at lists.digium.com
[mailto:asterisk-biz-bounces at lists.digium.com] On Behalf Of Dean Collins
Sent: Monday, April 20, 2009 10:52 AM
To: Commercial and Business-Oriented Asterisk Discussion
Subject: [asterisk-biz] FW: "illusory" terms of service

 

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
 <mailto:dean at cognation.net> 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


 


 


 
<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
<http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=1043
57>  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
 <mailto:dean at cognation.net> 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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