Court sides with Bragg in Second Life suit

When Marc Bragg discovered a way to buy virtual land in Second Life at a cheaper cost than usual, he invested heavily in it to the tune of thousands of dollars only to find out one day that Second Life‘s administrators have cancelled his account. He didn’t take it well.

Bragg responded by filing a lawsuit which cites Second Life‘s terms of service as unfair and “one-sided.” To make matters worse for Second Life parent company Linden Labs, Chief Executive Officer Philip Rosedale was named the defendant. Linden Labs filed a motion to take Rosedale’s name off the list but it was denied by Judge Eduardo Robreno last May 30.

As it stands, Robreno and the Pennsylvania court where Bragg filed the suit rules that the terms of service that Second Life mandates to its citizens are not legally binding, therefore Linden Labs does not have the right to cancel accounts of violators. Judge Robreno wrote:

Linden presents the TOS on a take-it-or-leave-it basis. In effect, the TOS provide Linden with a variety of one-sided remedies to resolve disputes, while forcing its customers to arbitrate any disputes with Linden.

A motion was filed by the Linden legal team to dismiss the case and have Bragg arbitrate with the company outside of court but the motion was also denied by Robreno. We’ll update you on developments regarding this case as soon as news is forthcoming.

Via Reuters

When Marc Bragg discovered a way to buy virtual land in Second Life at a cheaper cost than usual, he invested heavily in it to the tune of thousands of dollars only to find out one day that Second Life‘s administrators have cancelled his account. He didn’t take it well.

Bragg responded by filing a lawsuit which cites Second Life‘s terms of service as unfair and “one-sided.” To make matters worse for Second Life parent company Linden Labs, Chief Executive Officer Philip Rosedale was named the defendant. Linden Labs filed a motion to take Rosedale’s name off the list but it was denied by Judge Eduardo Robreno last May 30.

As it stands, Robreno and the Pennsylvania court where Bragg filed the suit rules that the terms of service that Second Life mandates to its citizens are not legally binding, therefore Linden Labs does not have the right to cancel accounts of violators. Judge Robreno wrote:

Linden presents the TOS on a take-it-or-leave-it basis. In effect, the TOS provide Linden with a variety of one-sided remedies to resolve disputes, while forcing its customers to arbitrate any disputes with Linden.

A motion was filed by the Linden legal team to dismiss the case and have Bragg arbitrate with the company outside of court but the motion was also denied by Robreno. We’ll update you on developments regarding this case as soon as news is forthcoming.

Via Reuters