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Contracts Keyed to Calamari
In re RealNetworks, Inc., Privacy Litigation
Citation:
2000 WL 631341Facts
Michael Lieschke, Robert Jackson, and Todd Simon (plaintiffs) sued RealNetworks (defendant), both individually and on behalf of a class of plaintiffs. The class claimed that RealNetworks’ software products secretly allowed the company to access their electronic communications and store information without their consent or knowledge. RealNetworks moved to enforce an arbitration clause contained in a pop-up window that appeared before their software could be the downloaded from their website. David Keel (intervenor) filed additional arguments in support of the plaintiffs’ opposition to arbitration. Keel claimed that RealNetworks’ arbitration agreement was unenforceable because it was both procedurally and substantively unconscionable.
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Defenses to Formation