- cross-posted to:
- housing_bubble_2@lemmy.world
- cross-posted to:
- housing_bubble_2@lemmy.world
Disney tried to force the case into arbitration by citing the agreement on the widower’s Disney Plus trial account.
Disney has now agreed that a wrongful death lawsuit should be decided in court following backlash for initially arguing the case belonged in arbitration because the grieving widower had once signed up for a Disney Plus trial.
“With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” chairman of Disney experiences Josh D’Amaro said in a statement to The Verge. “As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”
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Josh D’Amaro said in a statement to The Verge. “As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”
Sounds to me like they just want to keep that umbrella waiver in the Disney+ agreement rather than have that, rightly, struck down in court. They are very much still working under the assumption that a subscriber clicking “I Agree” to watch The Mandalorian waives any right to trial against any business unit of Disney Corp for any reason.
Absolutely despicable.
You agreed to Disneys TOS
Assassins from Disney licking their fingers because they can legally kill you /j
Its the dumbest death you can have in an amusement park, dying because the restaurant didnt labeled their allergies right and that the corporation tries to dismiss it because of an DIGITIAL contract that was made for a digital service.
But this is the bs that you got by applying law so freely.
Yep, exactly.
They’re asserting and graciously waiving a “right” they invented themselves in order to keep that from being challenged in court.
Just this time, because I care about Disney so much, I’m waiving my right to steal from Disney.
They’ll set this precedent eventually. It will only take a few tries and especially against someone who cant fight back.
An umbrella arbitration clause like this, if it were argued at court, surely would only be held up for cases related to Disney+. At least one would hope. Having such an agreement cover entirely separate arms of a company is ridiculous.
Arbitration contracts, especially in click-through licenses, are always bullshit and should be universally thrown out.
Arbitration contracts
especially in click-through licensesare always bullshit and should be universally thrown out.There should be no reason why a corporation ahould be able to avoid the justice system for any reason.
I could see very specific cases where arbitration makes sense with a very well defined scope. “Parties agree that disputes over widget quality related to this agreement are to be adjudicated by the Widget Quality Counsel”. The courts are not always the best arbiters for every dispute.
However, what we have now is every corporation finding ways to slide arbitration clauses of global scope into every transaction. That is always bullshit.
If you give an inch, they take a mile. No forced arbitration clauses, anywhere, ever, period.
All unilateral contracts where one side holds all the cards and can arbitrarily dictate or even alter previously agreed to terms should be held to the strictest standards. This includes employment agreements, terms of service, license agreements and so on.
Contracts between equals can be more permissive.
Agreed. It’s pretty telling that none of these corporations would accept an open ended arbitration clause in their dealings with any other corporation.
Yeah, imo they got worried that people would start asking government agencies to make legislation about things like this, so theyd rather backtrack now so they can keep it as part of their TOS.
There was a heavily implied “THIS TIME” at the end of that statement.
“We got caught by the public, and we want to keep this excuse possible in the future. So we’re dropping it from now so the court doesn’t set a legal precedent that will fuck us over.”
I fucking hate Disney.
With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach
Yeah if they possessed sensitivity they would’ve never tried this. The only reason they changed their mind is public backlash which would’ve been obvious to foresee.
So they’re myopic and insensitive. Also just cruel. It doesn’t matter in the slightest if they could’ve gotten away with this. It’s straight evil to try it.
They said they decided to waive their right to arbitration. They still think that’s their right, fucking sickening.
I think they put it that way because they want to signal how powerful they are while pretending to be ethical
Exactly, i thought of this as a tapping of the holstered guns they’re openly wearing
Yeah, but they’re cap guns in this case. It’s an idiotic legal theory.
I’d say actually the only reason they backed down is because they realized they were going to lose and didn’t want to risk their arbitration clause getting struck down in a court.
This was exactly it.
They’ll wait for a case they can win for sure and let court precedent destroy their customers following.
If the reversed happened, it would be a massive win for consumers. The mouse can’t allow that.
Yeah, maybe. It definitely wasn’t for a selfless reason
That made me so angry!
When this story first came up, an Ars Technica commenter explained that the only thing to do in this scenario is to grieve with the widow, and that it was a ludicrous fight to have. It’s pretty bad for Disney to pretend like they agree with that viewpoint after already putting the widow through more distress.
deleted by creator
Yes. Not sure why you deleted this. It’s just true.
I deleted it because you already said it in your post :P
we’ve decided to waive our right to arbitration
That’s legalese for “We still think that we have that right, we will use it again”.
That’s legalese for “We still think that we have that right, we will use it again”.
Or for “we don’t want this to get invalidated in court - we need to save it so we can intimidate someone else in the future”.
“Just when we have less heat on us and the news doesn’t have everyone so riled up and hating us.”
I think they realized that this is the kind of case that could affect arbitration laws if pushed up in appellate courts.
“We’ve decided” lol. Keep telling yourselves that
“Right to arbitration”
lol they still think they have the right to arbitration.
They could settle out of cout for an amount that they could earn back in under a week. Now they wanna go to court where they’ll end up paying more. Get fucked Disney
we’ve decided to waive our right
“we are not wrong, fuck you”
I’m just confused how anyone thought this was a good idea to begin with. Surely the strong public backlash could have been easily anticipated.
Most of the time, nobody notices.
Most of the time it’s not as egregious as trying to use a free trial for streaming to force arbitration for wrongful death at an amusement park. I truly can’t imagine any world where this doesn’t blow up because it’s so outrageous.
The world where the government is for the corporations not the people. We’re getting very nearly there, with legal bribery and corporations being considered “people”.
Sure the people might be outraged, but legally outage doesn’t matter and the corporations have a huge power advantage over a single person.
While I generally agree with you, this case is literally an example of how the public’s outrage DOES matter and potentially changed the course of this case, regardless of the legality.
Yes, for now. Their response says a lot as well. “We’ve decided to waive our right to arbitration”
To me, this is them not wanting the arbitration clause itself looked at, and struck down.
So they back off and let this one pass, until they have enough power to not care about the outrage. (And in all the future cases the clause still applies and they continue to fuck over whomever they will)
Legal and PR are different departments.
Boycott Disney, the high seas exist if you need to get your fix
Some of us are old, confused and ignorant when it comes to that sort of (naughty) shenanigans. Is there a “piracy for dummies” somewhere?
Use a VPN device and use strem.io. Or if you want self hosted copies, get a VPN, download qbittorrent, and then hit up 1337x. If you want a free front end, you can setup Jellyfin on an old PC and direct it to your media.
Public wifi + deluge + 1337
Use at own risk
!piracy@lemmy.dbzer0.com is a good place to start. Check the megathread / FAQ
“unique circumstances” we got caught and too many people heard about it
Too. Late.
Jesus, this story made me feel so fucking gross. So fucking disgusting what they were trying to do.
I don’t advocate the high seas.
But man, a TOS like this makes me glad I didn’t watch Andor via Disney+. I certainly don’t feel bad about it now.
And to the Disney legalbot, I watched it via a friend, of course.
The guy lost his wife. Fuck Disney for trying this shit.
A disney SWAT team kicked down my door and scream-asked me at gunpoint if I’d seen the Mandalorian.
I hear it’s been happening a lot.
