In re RealNetworks

RealNetworks, Inc. (RealNetworks) required users downloading its free software to accept a License Agreement displayed on screen, including an arbitration clause in the same font and size as the rest of the agreement and appearing as its final provision, in a pop-up window that stayed open until the user closed it; the clause designated Washington as the arbitration forum, didn't allow class arbitration, and required users to pay arbitration costs. A group of plaintiffs sued individually and on behalf of a class, and RealNetworks moved to compel arbitration under the Federal Arbitration Act (FAA).