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Love’s Labour’s Lost in Cyberspace

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2 Responses

  1. Lawrence Cunningham says:

    Danielle,

    Very interesting. I generally concur, with a twist and an addition.

    The company does not seem to promise anything in the TOU/agreement so it is a stretch to claim the alleged performance breached any express contract term. Curiously, though, that may expand the role of the gap-filler of good faith. Silence on exactly what the company promises about maintaining the network might just include some of the basic housekeeping and honestly allegedly botched.

    I also like that the complaint seems only to be seeking as damages the return of subscriber fees paid. It refrains from seeking absurd amounts of punitive damages. Similarly, I also like that it limits its theories of liability to three simple ideas, rather than following the terrible habit of delineating a dozen different theories to see if any will stick.

    In short, I think it is a good complaint that the company should take seriously. At minimum, leadership should investigate the allegations, correct if true, and tell the public the truth.

  2. Thank you so much for that insight, Larry! Really appreciate it.