HELLO my friends my name is somayeh and I'd like to share with you some points about E-contract issue in cyberlaw Thank you for supporting my blog.
Tuesday, April 27, 2010
"Minimum contacts"
"Minimum contacts" is a term used in the United States law of civil procedure to determine when it is appropriate for a court in one state to assert personal jurisdiction over a defendant from another state. The United States Supreme Court has decided a number of cases that have established and refined the principle that it is unfair for a court to assert jurisdiction over a party unless that party's contacts with the state in which that court sits are such that the party "could reasonably expect to be haled into court" in that state. This jurisdiction must "not offend traditional notions of fair play and substantial justice(http://en.wikipedia.org/wiki/Minimum_contacts)
I know that this topic is not clear yet so to understand it better please read the below case:
Bragg v. Linden Research, Inc case
Linden is an online virtual world that provides virtual land in the lower price than the market. Mark Bragg found that by purchasing virtual land he can buy a land that valued $1000 only for $300. he did not read the contract carefully and also the contract had not clear detail so after a while Linden Lab claimed that Marc Bragg had violated their Terms of Servce by URL-hacking also Bragg’s account was suspended while Linden Lab conducted an investigation, and later closed completely. Bragg argued that by closing his account, Linden Lab also dissolved his virtual assets, which he valued at between US$4,000 and US$6,000.
Judge finding that Linden Lab met the minimum contacts threshold by his nation-wide personal marketing efforts to publicize Marc Bragg .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.
But in my opinion Bragg had some mistake he should view virtual property, read additional materials about purchasing virtual property, interact with other avatars that owned virtual property, and, ultimately, purchase virtual property themselves.
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