Horny Jo’s Daily Blog

NewYorkCountryLawyer writes “In a decision that could have far-reaching implications, a federal court in Pennsylvania has held that the California arbitration clause in the ‘take it or leave it’ clickwrap agreement on the Second Life website is unconscionable, and therefore unenforceable. In its decision (pdf) in Bragg v. Linden Research, Inc., No. 06-4925 (E.D. Pa. May 30, 2007), the Court concluded that the Second Life ‘terms of service’ seek to impose a one-sided dispute resolution scheme that tilts unfairly, ‘in almost all situations,’ in Second Life’s favor. As a result, the case will stay in Pennsylvania federal court, instead of being transferred to an arbitration forum in California.”

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LazloHollyfeld writes “A New London Superior court judge this morning granted a defense request seeking a new trial for Julie Amero, the former Norwich middle school substitute teacher convicted of exposing her middle school students to Internet porn. Acting on a motion by Amero’s attorney, William Dow III, Judge Hillary Strackbein placed the case back on a trial list. Amero had faced 40 years on the conviction of four counts of risk of injury to a minor. State prosecutor David Smith confirmed that further forensic examination at the state crime lab of Amero’s classroom computer revealed “some erroneous information was presented during the trial. Amero and her defense team claimed she was the victim of pop-up ads — something that was out of her control. Judge Strackbein said because of the possibility of inaccurate facts, Amero was “entitles to a new trial in the interest of justice.” After the brief court appearance, a smiling Amero stood next to her attorney. “I feel very comfortable with the decision,” Amero said. Dow commended the state for investigating the case further. A new court date has yet to be scheduled. Amero has reentered a not guilty plea.”

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Liam Cromar writes “Philippe Gildas, a French television presenter is suing Microsoft for ‘violation of intellectual property’ — in particular the use of the ‘Vista’ trademark. It appears that Gildas registered the trademark two years prior to Microsoft’s application, planning to use the trademark for a new television channel, Télé Vista, which was to be launched later this year. Apparently, Gildas believes that Microsoft’s ‘hogging of the limelight’ presents an ‘obstacle to the launch’. Gildas has not, however, registered the Vista trademark in categories of activity 9 and 42, which cover software. With this in mind, his case might be hard to prove.”

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