Twitter Tries To Move Patent Trial By Saying All Twitter Users Agree To Settle Legal Disputes On Twitter's Home Turf
from the nice-try,-but-no dept
It's no secret that patent holders suing for infringement prefer certain venues. And, many tech companies based in the Bay Area like to try to get those cases moved to a local court instead. There's been some efforts to move cases to better locations, but thanks to some tricky games, lawyers can frequently keep the cases where they were filed.Apparently Twitter thought that it might try some tricky lawyers' games of its own to get one case transferred. The company tried arguing that because the patent holder, Dinesh Agarwal, who was suing them was also a Twitter user, it meant he'd agreed to Twitter's terms of service... which state that all lawsuits against the company must be brought in San Francisco. That's pretty clearly a tortured reading of the Terms of Service, because this lawsuit had nothing, whatsoever, to do with Agarwal's use of the service... and the judge didn't buy it, allowing the case to continue in Virginia, where it was filed. As the judge noted, agreeing to this "would potentially foster satellite litigation in every patent case involving a social networking market participant," basically guaranteeing that such lawsuits could only be brought where social networking companies wanted them to be brought.
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Filed Under: jurisdiction, location, patents, terms of service
Companies: twitter
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Was East Texas full?
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Full of something ... very aromatic
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"Terms Of Service" are irrelevant.
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140chars?
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Inconsistant Law
But, then again, that's what they agreed to. Are Terms of Service agreements legally enforceable or not? Or, are they only enforceable on a case-by-case basis as each individual judge sees fit, so that one never knows in advance?
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fta -> "he found that Twitter’s contract regarding where lawsuits must be heard didn’t necessarily apply to patent suits. "
Could it be that the judge found the patent lawsuit was unrelated to the TOS? This must be beyond your comprehension.
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Of course I did. Comment went right over your head? I'm not surprised.
Could it be that the judge found the patent lawsuit was unrelated to the TOS? This must be beyond your comprehension.
Which is an inconsistency since the language of the TOS covered all suits (which would cover patent suits as well). This must be beyond *your* comprehension.
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Re: Re: Re: Inconsistant Law
Get a clue.
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I don't see where anyone said otherwise, either. But that doesn't mean it isn't inconsistent. And if the next judge comes along after the fact and says that this ruling doesn't apply to agreements entered into on the third Tuesday of the month, then so be it. And that would be inconsistent too.
Get a clue.
Maybe you should try actually reading comments before responding to them.
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Re: Re: Re: Re: Re: Inconsistant Law
You mean like this one?
"But, then again, that's what they agreed to. Are Terms of Service agreements legally enforceable or not? Or, are they only enforceable on a case-by-case basis as each individual judge sees fit, so that one never knows in advance?"
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One can not expect the courts to make unreasonable terms within a TOS or any other conveyance enforceable.
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Not sure where you want to go with that, possibly you have the answer. Please enlighten us. The Judge made a decision and you clearly disagree, that is your prerogative.
I fail to see how use of the twitter service has anything to do with patent ownership. What is the motivation for inclusion within the TOS? I suppose in your Bizarro World one could demand anything within the Terms Of Service and expect to get it. How about mandatory arbitration - yeah, lets include that.
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It was a question. You mean you don't know? Then what are you spouting off about?
The Judge made a decision and you clearly disagree, that is your prerogative.
It was a question, one you clearly didn't like being asked. It wasn't in agreement or disagreement.
I suppose in your Bizarro World one could demand anything within the Terms Of Service and expect to get it.
You suppose wrong, and it is truly bizarre for you to suppose such a thing. The Terms of Service agreement was a *voluntary* agreement, no one was forced into it. One of the parties apparently had a change of mind later and found a judge to get them out of it.
How about mandatory arbitration - yeah, lets include that.
For your information, that's a clause in many agreements. I just started a new job and the employer included mandatory arbitration in the job offer. I didn't like it, but I didn't have to take the job either.
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I was unaware of the requirement to know all prior to stating an opinion - sorry about that everyone - my bad.
"It was a question, one you clearly didn't like being asked. It wasn't in agreement or disagreement."
You give yourself too much credit. I thought it was an irrelevant question.
"The Terms of Service agreement was a *voluntary* agreement, no one was forced into it. One of the parties apparently had a change of mind later and found a judge to get them out of it."
There are many problems with the concept of a TOS or EULA being considered a contractual agreement. Some of the cases actually make it to court where the terms have been determined to be unenforceable. Why do you have a problem with this?
"I just started a new job and the employer included mandatory arbitration in the job offer. I didn't like it, but I didn't have to take the job either."
Exactly. It sucks that corporations enjoy a high unemployment rate in bad economic times which they helped create. Taking away ones right to their day in court is not acceptable and that is why I used it as an example. There are things one must do to survive, but in a society which claims to be "the best ever" reality disagrees. I find it encouraging that the judicial system still has the wherewithal to make decisions which uphold the rights of the individual. So flame on dude - I think the judge was right. Tell us why you think the ruling was wrong.
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If the agreement was intended to cover all suits *except* patent suits, it could have been written to say that. If Agarwal thought the terms were unreasonable, maybe he shouldn't have agreed to them.
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And what would be wrong with that?
Not that I'm all for click through EULA's (indeed I think they should simply be banned outright in any form that they might be made to appear). But, if they are going to allow them to exist then I see no issue with twiter or whomever making their customers agree to bring patent cases in their home turf. Indeed, it seems like more companies ought to do this.
It would be a great deterant to forum shopping.
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Awesome - they should also require your first born.
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Read the opinion and Masnick's comment and you will agree
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Re: Read the opinion and Masnick's comment and you will agree
As I understand it, VS Technologies is not legally incorporated. Thus, it does not have it's own legal identity, as a corporation does. Rather, it is an alias for Dinesh Agarwal.
Hard to dispute that.
I think I just did.
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freezes over
That's true, unless you'd rather wait until hell freezes over like large multinational infringers!
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For reference, it is under section 14 and states: "You agree that any claim asserted in any legal proceeding by you against Valve shall be commenced and maintained exclusively in any state or federal court located in King County, Washington, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts."
So does that mean that such a clause is illegal?
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Who knows? It's all up the whims of the individual judge in the particular case. That's why it's inconsistent. And inconsistent law is bad law.
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I look forward to the day when Indentured Servitude becomes part of the everyday Terms Of Service.
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Seen the iTunes terms lately?
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