Nature of the Case
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Facts
Plaintiffs sued in a class actions against RealNetWorks (D) claiming that D’s software products secretly allowed the company to access and intercept users’ electronic communications and stored information without consent. The software is called RealPlayer and Realjukebox. Users can download it off the company website. Before a user can install and use the products, they must accept the terms of the company license which appears on the user screen. In paragraph 10 there is a statement regarding unresolved disputes shall be submitted to arbitration in the State of Washington. D contends this creates binding arbitration. P contends that the writing does not constitute a writing as required by the Federal Arbitration Act and the corresponding state act. P contends that electronic agreements are not written agreements because the user cannot print or save the D agreement. D argues that the agreement constitutes a writing and that it can be printed and saved.
Holding and Decision
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Legal Analysis
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