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	<title> &#187; Virtual World</title>
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		<title>Visually impaired gamer sues Sony &#8212; No jury trial in sight</title>
		<link>http://wlflawyers.com/blog/visually-impaired-gamer-sues-sony-no-jury-trial-in-sight/</link>
		<comments>http://wlflawyers.com/blog/visually-impaired-gamer-sues-sony-no-jury-trial-in-sight/#comments</comments>
		<pubDate>Tue, 01 Dec 2009 04:54:18 +0000</pubDate>
		<dc:creator>zjlevine</dc:creator>
				<category><![CDATA[Video games]]></category>
		<category><![CDATA[Americans with Disabilities Act]]></category>
		<category><![CDATA[Arbitration Clause]]></category>
		<category><![CDATA[Online Games]]></category>
		<category><![CDATA[Second Life]]></category>
		<category><![CDATA[Sony Online Entertainment]]></category>
		<category><![CDATA[Terms of Service]]></category>
		<category><![CDATA[Virtual World]]></category>

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		<description><![CDATA[A visually impaired gamer has brought a lawsuit against Sony Entertainment claiming violations of the Americans with Disabilities Act (ADA) for failure to make its video games and online video games accessible to differently-abled players. Regardless of the merits of this claim, Sony is seeking the enforcement of an arbitration clause in the Terms of [...]]]></description>
			<content:encoded><![CDATA[<p>A visually impaired gamer has brought a lawsuit against Sony Entertainment claiming violations of the Americans with Disabilities Act (ADA) for failure to make its video games and online video games accessible to differently-abled players. Regardless of the merits of this claim, Sony is seeking the enforcement of an arbitration clause in the Terms of Service of its game to bar this claim from being brought to court. The plaintiff argues that this clause is unenforceable and that his motion for a jury trial should be granted.</p>
<p>Under the Sony Terms of Service all claims against the company by users must be submitted to binding arbitration. A similar clause was challenged for the virtual world Second Life in <a href="http://itlaw.wikia.com/wiki/Bragg_v._Linden_Research"><u>Bragg v. Linden Research</u></a> in 2007. A contract clause is generally upheld regardless of whether the parties have had an opportunity to discuss or negotiate the language as long as the clause is not so one-sided as to be oppressive. While not held to be oppressive,the clause in Second Life&#8217;s Terms of Service was stricken as unenforceable because while there were other virtual worlds for Bragg to play, the court agreed with him that they were not &#8220;reasonable&#8221; alternatives.The reason for this determination is that Second Life allows its users to retain intellectual property ownership in their online creations, which at the time was a policy completely unique to Second Life. In the present case the plaintiff did not present an argument that he didn&#8217;t have any reesonable alternatives to Sony&#8217;s game(s), to the contrary, his complaint lists several games and virtual worlds that offer accommodations similar to the ones he is seeking. For this reason, and because his complaint does not sufficiently allege unenforceability, it is unlikely that the court will grant plaintiff&#8217;s motion for a jury trial.</p>
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