• MHanak@lemmy.world
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    1 month ago

    Hold on i just realised

    Some arbitration clauses work both ways, meaning disney can’t sue you just as much as you can’t sue them

    So in theory if you signed up for a free trial or something, pirating (and distributing) any disney content would be absolutely legal

    Edit:

    Ok i looked up their terms of use (which was slightly harder because of the pile of articles about the latest lawsuit), and they have their bums covered:

    1. BINDING ARBITRATION AND CLASS

    (…)

    You and Disney agree to resolve, by binding individual arbitration as provided below, all Disputes (…) except for: (…) (ii) any dispute relating to the ownership or enforcement of intellectual property rights. (…)

    Source: https://disneytermsofuse.com/english/#BINDING-ARBITRATION-AND-CLASS-ACTION-WAIVER, accesed 2024-08-17

    Edit 2: added formatting to the quote

    • JPAKx4@lemmy.blahaj.zone
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      1 month ago

      Probably not, they say that you agree to settle your disputes with x corporation through arbitration, nothing about x corporation’s disputes with you. Don’t test the most expensive lawyers in the world, especially when they get to pick the arbitor.

      • MHanak@lemmy.world
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        1 month ago

        I am not saying that’s a good idea, but i know that for example discord’s arbitration clauze explicitly states that it works both ways, so it’s not impossible that disney’s does too

    • primrosepathspeedrun@lemmy.world
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      1 month ago

      that’s not how it works. the law does not exist to protect you; it exists to make you tolerate your exploitation and feel like it’s fair.

      edit: fixed one letter.

        • primrosepathspeedrun@lemmy.world
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          1 month ago

          right but it can’t protect the powerful without gaslighting you, because the direct use of violence for control is really really fucking inefficient, and the use of pure terror for control isn’t much better. you need to build the prison in your prisoners’ heads, y’know?

    • molave@reddthat.com
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      1 month ago

      That they have a specific exception for IP tells me all what they really think about their customers.

  • JusticeForPorygon@lemmy.world
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    1 month ago

    Same’s true if you sell something on Etsy

    The FTC has really gotten off their ass this year and I hope they take action against this arbitration clause bullshit because it needs to be illegal. Considering this is the second time this week I’ve heard about a cooperation doing this I can only assume it’s more common than we think. No fucking way a company should just be able to say “You can’t sue us if we violate your rights.”

    • Shelbyeileen@lemmy.world
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      1 month ago

      I’ve been opting out of every single one, but some companies are assholes and make you send it in through a written letter (Meta) or worse, automatically accept it if you’ve even just used the app/site/product after they send an email to you regarding changes. The fact that massive corporations also say all matters must be resolved in small claims court and with mandatory arbitration with the company’s arbitrator is incredibly illegal sounding. Fuck you AT&T. They were the company who fought for revoking arbitration rights in contracts. The Supreme Court decided it was legal.

    • primrosepathspeedrun@lemmy.world
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      1 month ago

      doing a hell of a lot worse than suing them needs to be normalized.

      not just agents and property of corporations who piss you off, but their executives, and any corporate lawyer or judge.

      edit: to remind them why they try to gaslight us with the courts. if you care about the law, break it. if you don’t, also break it.

  • Todd Bonzalez@lemm.ee
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    1 month ago

    Putting myself in her husband’s shoes, I can’t tell how I’d feel about this meme. On one hand, it trivializes his tragedy a little bit, on the other hand, it’s evidence that society is generally outraged about this.

    • Track_Shovel@slrpnk.netOP
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      1 month ago

      I’m going with the outrage side here: the fact that they are even suggesting that this is legal footing is an affront to humanity

      • inbeesee@lemmy.world
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        1 month ago

        Difference between this and helium is helium follows rules of the universe, and this fucking contract law is human-enforced.

  • Whirling_Ashandarei@lemmy.world
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    1 month ago

    I just watched this show for the first time while tripping with some friends… It’s so fuckin good we finished the entire season lol

  • Media Sensationalism@lemmy.world
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    1 month ago

    I did some digging and it seems like the family’s suit should actually be against the pub that was renting the in-park space from Disney. It’s just unfortunate that the prevalence of corporate propaganda in news media, especially in what would be a critical period for Disney to invest in damage control for their public image, makes it difficult to confidently believe one thing or the other in light of that finding.

    I never cared much for Disney to begin with, so I won’t waste any more time with verification. Regardless, the suit definitely shouldn’t be dismissed on their argument of the arbitration agreement alone because it would set an awful precedent, even if the suit itself happens to be toothless. I wouldn’t put it past Disney to try to take advantage of the situation to that end (They may be hoping the suit will be dismissed for arbitration because the judge already knows the suit is pointless so that future legitimate lawsuits against them for wrongful deaths in their park can be more easily dismissed on the same grounds).

    • dQw4w9WgXcQ@lemm.ee
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      1 month ago

      I just don’t get why Disney would go to that extent when the lawsuit should have easily been disregarded as not applicable to them. Digging up an old Disney+ membership to find some terms which could apply seems like a terrible PR move for their service.

    • Avatar_of_Self@lemmy.world
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      1 month ago

      I did some digging and it seems like the family’s suit should actually be against the pub that was renting the in-park space from Disney. It’s just unfortunate that the prevalence of corporate propaganda in news media

      He is suing both Disney and the pub. The pub obviously because they were negligent and Disney because it is in Disney World. It is up to the court to decide how much liability Disney should have vs. the pub, if any.

      I doubt Disney would be able to successfully argue that just because the restaurant is leasing space in Disney World that they have zero liability but that’s up to the court.

      • Saik0@lemmy.saik0.com
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        1 month ago

        He is suing both Disney and the pub. The pub obviously because they were negligent and Disney because it is in Disney World. It is up to the court to decide how much liability Disney should have vs. the pub, if any.

        It could very well be in the contract with the pub that Disney requires allergenic options to be available and the space doesn’t have sufficient space to keep those ingredients separate. In such an instance Disney absolutely bare a significant amount of responsibility.

  • WJWARLOCK@lemm.ee
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    1 month ago

    I read that in Charlie’s voice! Honestly, sounds legit. But…I’m single. No wife here! hahahaha…ha…ha…cries