Bragg V. Linden Lab - Case History

Case History

On May 1, 2006, Bragg initially filed his suit in the West Chester District Court in Pennsylvania. After retaining private counsel, Jason A. Archinaco, Bragg refiled on October 4, 2006. His new complaint named Philip Rosedale, the creator of Second Life, as an independent defendant.

On November 7, Linden Lab responded with three filings: they sought to remove the case to Federal Court, they sought to dismiss claims against Philip Rosedale due to a lack of personal jurisdiction, and they sought to compel Bragg to participate in the mandatory arbitration outlined in the Second Life Terms of Service.

Bragg opposed the removal and sought to remand the case back to state court. Linden Lab opposed the motion and was successful.

On May 30, 2007, Judge Robreno of the United States District Court for the Eastern District of Pennsylvania denied Rosedale’s motion to dismiss for lack of personal jurisdiction, finding that Rosedale met the minimum contacts threshold by his nation-wide personal marketing efforts to publicize Second Life. The Court also denied Linden Lab’s motion to compel arbitration, finding that the Terms of Service represented an adhesion contract that was unjustly biased towards Linden Lab.

On October 4, 2007, Linden Lab announced that it reached a confidential settlement with Bragg:

"The parties agree that there were unfortunate disagreements and miscommunications regarding the conduct and behavior by both sides and are pleased to report that Mr. Bragg's "Marc Woebegone" account, privileges and responsibilities to the Second Life community have been restored."

Read more about this topic:  Bragg V. Linden Lab

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