From GrepLaw: A Massachusetts federal court has upheld the "click-wrap" agreement providing that any lawsuits by AOL users against AOL must take place in Virginia, regardless of where those users are. Most software agreements these days have some kind of provision to limit lawsuits. That's why it's important to read your user agreement before you agree to it; and if you don't like one of the provisions in the agreement, take your business elsewhere. Be sure to let the company know why.
And, if you're pissed at AOL, get a Virginia lawyer who understands the Internet. [EDIT: I no longer live, work, or practice in Virginia, nor do I currently take cases involving AOL. If you need to reach me for some other reason, you can find me here.]
UPDATE: Yale's LawMeme had a link to the opinion, Hughes v. AOL. According to the opinion, plaintiff Hughes failed to file papers opposing AOL's Motion for Summary Judgment. In effect, AOL won this one by default. Silly pro se plaintiff.
Lesson number two: Don't file a lawsuit without a lawyer any more than you would remove your own appendix without a doctor. I will be surprised if AOL doesn't ask for sanctions on this case.Posted by wasylik at June 3, 2002 05:46 PM