The Ninth Circuit has agreed to hear Valve's appeal over the September 2024 Steam Subscriber Agreement. Valve is challenging a district court ruling that found its retroactive forum selection clause likely unconscionable and unenforceable against the users in this case. Six of those users have filed a separate appeal after the same court refused to confirm their arbitration awards.
The appeals concern different orders. Valve's appeal follows a May 27 decision denying its request for a preliminary injunction. The district judge allowed an early appeal on July 30 and stayed the case. The Ninth Circuit granted Valve permission on September 16. Valve's opening brief is due October 28, according to MIXED Reality News.
What the six users are appealing
Gregory Fish, Ethan Lefebvre, Christian Graber, Jeremy Lucas, Alec Birenbaum, and Lance Vicente appealed on September 21. They want the appeals court to review two July orders that denied their requests to confirm arbitration awards against Valve. Their lawyers have also asked the district court to confirm that their appeal was filed on time.
The Ninth Circuit has grouped 358 people on the case's appellee list under the name "Users of Valve's Video Game Platform, Steam." That number describes how the appeal is being administered. The six named users' appeal concerns their own arbitration awards.
