this post was submitted on 16 Aug 2024
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Piracy: ꜱᴀɪʟ ᴛʜᴇ ʜɪɢʜ ꜱᴇᴀꜱ
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Guy dies in Disneyland. Family sues. Disney lawyers say he can't sue since guy-that-died had subscribed to Disney+ before and agreed to the terms of service. The terms of service he probably scrolled by when he registered say "you can't sue us". That was the most recent move I've heard.
That's an insane oversimplification of the proceedings but it appears like it's gonna come down to this clause. The clause that the user signs upon registering to Disney+ is a binding arbitration clause. You can read more about that here: https://www.investopedia.com/terms/m/mandatory-binding-arbitration.asp
Basically says you waive your right to sue us. Ianal btw. Also Discord has this same clause in their terms of service.
Disney is taking it waaaay further than anyone else by saying a free trial to D+ means any legal interaction with Disney goes to arbitration, not just for D+.
Arbitration clauses in EULAs are bullshit anyway, but if this isn't thrown out of court in a way that kills the concept of being able to sue for damages when every business adds this clause.
If this holds up in court and becomes precedent it will create a lot of people with nothing left to lose with a lot of grudges against these companies. I can't say I would have any sympathy if executives became targets for heinous acts of violence stemming from such an injustice.
This. With digital feudalism now crossing into the physical realm this way, it'd be nice to see people finally sharpening their guillotines.
It was a woman that died I believe, and it's her husband suing. It was him that signed up for the trial though, not the wife. The death was also caused by anaphylaxis, after the couple repeatedly checked in about the allergy being accommodated and were assured it would be.
Right. I was not aware of that. This whole thing is just horrible. Really hope this clause can't be enforced. Disneyland's neglect caused a death.
Yeah like, lawyers and corporations are messed up, but this really feels like a new low.
AYO how is that legal? What some random commercial company made up can't be above the law, right?
Capitalism!
:-(