Activision Can't Push Data Breach Suit Into Arbitration

By Gavin Broady (April 4, 2013, 7:04 PM EDT) -- A California federal judge on Wednesday denied a bid by Activision Blizzard Inc. to force a putative class action over its data security protection into arbitration, rejecting the video game maker's interpretation of an invasion of privacy exclusion in its arbitration agreement.

Activision and subsidiary Blizzard Entertainment Inc. sought to compel arbitration in the dispute on the grounds that an exclusion in its arbitration agreements with named plaintiffs Benjamin Bell and Christopher Spellman covering invasion of privacy, theft, piracy or unauthorized use is only triggered when Activision itself is accused of committing those breaches.

"Had the parties intended to so limit...

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