Facebook Game Dispute Kicked to Arbitration
(CN) - A class action over "special offers" from Zynga's online Facebook games will head to arbitration, a federal judge ruled.
Rebecca Swift filed the 2009 lawsuit on behalf of players of YoVille game Zynga created for Facebook users. In addition to Zynga, Swift sued several entities that developed "special offers" that she said are fraudulent and meant to drive up profit.
When the case was first filed, Zynga and its co-defendants could not pursue arbitration provisions from their service contracts because of a doctrine in California law that held certain class waivers in consumer arbitration agreements as unconscionable.
In April 2011, however, the U.S. Supreme Court decided in AT&T Mobility LLC v. Concepcion that federal arbitration law pre-empts the state law.
Zynga moved to compel arbitration and stay litigation, saying Concepcion now requires courts to defer to contracts and enforce bilateral arbitration.
Swift countered that Zynga could not enforce its terms of service agreement, saying she did not give proper consent since she agreed by clicking a button beneath a block of text to access the game.
But U.S. District Judge Elizabeth LaPorte rejected this argument on the grounds that a reasonable internet user would know he was entering into a legal contract under those circumstances and could easily access the text of the terms of service.
LaPorte also found that Zynga had not waived its right to compel arbitration by raising the argument earlier. The law did not allow Zynga to elect arbitration before Concepcion and the "failure to reserve" argument is based on a misconstruction of the contract's language and purpose, the 17-page decision states.
Swift furthermore is not exempt from the arbitration clause as a victim of theft because she failed to argue that her claims met the definition of theft, LaPorte ruled.
The judge also held that Zynga's terms of service agreement was not unconscionable and therefore unenforceable. The legal definition of unconscionable requires both procedural and substantive unconscionablity, and Swift could not demonstrate procedural unconscionablity.
Definition Of Theft - News
Swift furthermore is not exempt from the arbitration clause as a victim of theft because she failed to argue that her claims met the definition of theft, LaPorte ruled. The judge also held that Zynga's terms of service agreement was not unconscionable
Nice to be magnanimous using other peoples money. There must be something in the water of DC. They get into office for 2 minutes and the first thing they want to spend other peoples money. We need a new definition of theft.BY tomfl on 08/09/2011 at
As this case illustrates though, fortunately, the definition of identity theft is growing too. Eduard Goodman, Chief Privacy Officer, Identity Theft 911 An internationally trained attorney and privacy expert, Eduard has more than a decade of experience
The solicitor brother says that the definition of theft is to dishonestly appropriate property with the intention of depriving another. It is immaterial whether it was done for gain or for the thief's own benefit. The amount involved was obviously
Depending on who you are, you might see this as righteous punishment for a prankster who was acting like a jerk or a disturbingly loose definition of what constitutes identity theft. I'm inclined to sit somewhere in the middle of the two.
Facebook Game Dispute Kicked to ... - Courthouse News Service
(CN) - A class action over "special offers" from Zynga's online Facebook games will head to arbitration, a federal judge ruled.
Rebecca Swift filed the 2009 lawsuit on behalf of players of YoVille game Zynga created for Facebook users. In addition to Zynga, Swift sued several entities that developed "special offers" that she said are fraudulent and meant to drive up profit.
When the case was first filed, Zynga and its co-defendants could not pursue arbitration provisions from their service contracts because of a doctrine in California law that held certain class waivers in consumer arbitration agreements as unconscionable.
In April 2011, however, the U.S. Supreme Court decided in AT&T Mobility LLC v. Concepcion that federal arbitration law pre-empts the state law.
Zynga moved to compel arbitration and stay litigation, saying Concepcion now requires courts to defer to contracts and enforce bilateral arbitration.
Swift countered that Zynga could not enforce its terms of service agreement, saying she did not give proper consent since she agreed by clicking a button beneath a block of text to access the game.
But U.S. District Judge Elizabeth LaPorte rejected this argument on the grounds that a reasonable internet user would know he was entering into a legal contract under those circumstances and could easily access the text of the terms of service.
LaPorte also found that Zynga had not waived its right to compel arbitration by raising the argument earlier. The law did not allow Zynga to elect arbitration before Concepcion and the "failure to reserve" argument is based on a misconstruction of the contract's language and purpose, the 17-page decision states.
Swift furthermore is not exempt from the arbitration clause as a victim of theft because she failed to argue that her claims met the definition of theft, LaPorte ruled.
The judge also held that Zynga's terms of service agreement was not unconscionable and therefore unenforceable. The legal definition of unconscionable requires both procedural and substantive unconscionablity, and Swift could not demonstrate procedural unconscionablity.
@ It looks like the content scrapers are hard at work, for some definition of work that includes theft.
She is the definition of a true follower. But anyway no more tweeting about that theft she aint that important.
The criminal law is quite clear in terms of riot,theft,burglary,assault etc.as defined by definition.The courts shud decide.
Second Refrigerator Theft a Week: Howard County Crime Roundup 
Riots were about theft, not protest: Cameron Definition Of Theft - Bookshelf
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Theft - Definition | WordIQ.com
Theft - Definition. Theft (also known as stealing) is, in general, the wrongful taking of someone else's property without that person's willful consent. ...
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