AviaGames Fails to Get Arbitration in Bots-as-Players Lawsuit

Video game developer AviaGames Inc. failed to convinced a federal appeals court to force arbitration on players who allege the company duped them into believing they were playing human opponents when they were actually playing bots.

A three-judge panel for the US Court of Appeals for the Ninth Circuit in a Wednesday ruling said Avia’s terms of service agreements requiring players to arbitrate their disputes are unenforceable because the clauses are unconscionable.

“Given the multiple unconscionable provisions in the arbitration agreement, the district court was within its discretion to find that Avia ‘engaged in a systematic effort to impose arbitration ...