According to Legal Eagle’s video, Honey could be pocketing affiliate link money from creators that had never even anything to do with them.
It’s installed on viewer’s side, so it makes sense.
I’d also say there are probably limits to what you can enforce arbitration for, especially if you outright lied to your customers, but I am not American and I have no idea how irredeemably fucked up your customer protection laws are.
So Disney had an arbitration clause in a eula that a user agreed to when they signed up for a streaming trial service and never ended up subscribing. When he died of food poisoning at a restaurant at one of Disney’s amusement parks, his widow looked to be unable to sue the park over it, because he had agreed to that eula by signing up a couple years before.
It was generally perceived that the clause would have been enforceable in that fucked up situation, but Disney backed off when the word got out that the lawyers in the trial were pushing that argument, and they waived the clause. But in that instance, it was never actually ruled on, and many people seemed to think that it was going to be enforced. That’s how fucked the system is when it comes to these clauses.
Disney hoped the clause would be enforceable. At least part of the reason Disney settled out of court was because they didn’t want to challenge that assumption.
You can put whatever clauses you want in a contract. The law still trumps those contracts if it ever comes to enforceability.
I know that story. It’s a lot more nuanced than that.
Thing is, Disney barely had anything to do with the restaurant itself (they’re basically the restaurant’s landowner). And the only thing on which they could attack Disney was to point that the restaurant had a description on Disney’s website… which is part of Disney online services, and subject to their terms of services.
So yeah, grasping at a clause from an old Disney+ subscription is bullshit, but the claim honestly did not make a lot of sense to begin with. The restaurant itself should have been sued to hell, even more so because apparently they reinstated they were allergy compliant several times when asked.
You aren’t wrong, but the usage of the clause the way it was being used was definitely beyond the pale. I don’t think Disney was liable for the restaurants malfeasance, but that lack of responsibility should have rested on the facts of the association or lack thereof, not on some bullshit eula clause for an unrelated product.
It wasn’t as unrelated as it might appear. Firstly, they used their D+ account to make their Disney account. Secondly, the whole point of that argument was that in the Disney account EULA, the relevant one, there is an arbitration clause. They only brought up the D+ account in passing because it has the same clause, emphasizing that they had to read and agree to the clause twice, and if they didn’t catch it it’s not Disney’s fault they lied about reading it. They basically said “look, this is an issue regarding the Disney account, and they said right here they read and understood the terms that include arbitration. And here, they read and agreed to the exact same terms a few months earlier on D+. This shouldn’t be any surprise if they were truthful when they claimed to have read it.”
Disclaimer, arbitration clauses are bullshit and need to be reworked/eliminated as they are generally very anticonsumer and I don’t think it’s good that they have that clause. But accepting that this exists, Disney didn’t really do anything particularly scummy.
That’s the thing PayPal Honey is saying they are respecting the “last click” rule and in their eyes there is nothing illegal in that.
Even if the creator as nothing to do with honey they are saying the last click is in honey just before checkout so they get the money. I understand this is a terrible excuse but it seems that’s the defense they will follow. Basically they are hiding behind that stupid last click rule and using it to justify it’s perfectly legal.
Basically Honey says “we just strictly comply to a standard practice in affiliate links”.
Something I wonder is how would it even be possible for vendors to ignore PayPal is doing something fishy.
You got a guy who’s job is to monitor who is getting their affiliate money. He sees PayPal collecting millions of affiliate money.
The other players in this game (of affiliate link) knew very well that honey was doing something fishy. Why didn’t they contest it?
Because they were doing the same kind of “last click” bullshit. If that was so unfair there would be a trial already. They all followed this stupid rule and the megalag video talks about it.
The fact that Linus Tech Tips knew and we are supposed to believe the rest of the affiliate links mafia didn’t see a thing?
According to Legal Eagle’s video, Honey could be pocketing affiliate link money from creators that had never even anything to do with them.
It’s installed on viewer’s side, so it makes sense.
I’d also say there are probably limits to what you can enforce arbitration for, especially if you outright lied to your customers, but I am not American and I have no idea how irredeemably fucked up your customer protection laws are.
So Disney had an arbitration clause in a eula that a user agreed to when they signed up for a streaming trial service and never ended up subscribing. When he died of food poisoning at a restaurant at one of Disney’s amusement parks, his widow looked to be unable to sue the park over it, because he had agreed to that eula by signing up a couple years before.
It was generally perceived that the clause would have been enforceable in that fucked up situation, but Disney backed off when the word got out that the lawyers in the trial were pushing that argument, and they waived the clause. But in that instance, it was never actually ruled on, and many people seemed to think that it was going to be enforced. That’s how fucked the system is when it comes to these clauses.
Disney hoped the clause would be enforceable. At least part of the reason Disney settled out of court was because they didn’t want to challenge that assumption.
You can put whatever clauses you want in a contract. The law still trumps those contracts if it ever comes to enforceability.
I know that story. It’s a lot more nuanced than that.
Thing is, Disney barely had anything to do with the restaurant itself (they’re basically the restaurant’s landowner). And the only thing on which they could attack Disney was to point that the restaurant had a description on Disney’s website… which is part of Disney online services, and subject to their terms of services.
So yeah, grasping at a clause from an old Disney+ subscription is bullshit, but the claim honestly did not make a lot of sense to begin with. The restaurant itself should have been sued to hell, even more so because apparently they reinstated they were allergy compliant several times when asked.
https://youtu.be/hiDr6-Z72XU?si=JNEfy3-iUMQbkCOt
You aren’t wrong, but the usage of the clause the way it was being used was definitely beyond the pale. I don’t think Disney was liable for the restaurants malfeasance, but that lack of responsibility should have rested on the facts of the association or lack thereof, not on some bullshit eula clause for an unrelated product.
It wasn’t as unrelated as it might appear. Firstly, they used their D+ account to make their Disney account. Secondly, the whole point of that argument was that in the Disney account EULA, the relevant one, there is an arbitration clause. They only brought up the D+ account in passing because it has the same clause, emphasizing that they had to read and agree to the clause twice, and if they didn’t catch it it’s not Disney’s fault they lied about reading it. They basically said “look, this is an issue regarding the Disney account, and they said right here they read and understood the terms that include arbitration. And here, they read and agreed to the exact same terms a few months earlier on D+. This shouldn’t be any surprise if they were truthful when they claimed to have read it.”
Disclaimer, arbitration clauses are bullshit and need to be reworked/eliminated as they are generally very anticonsumer and I don’t think it’s good that they have that clause. But accepting that this exists, Disney didn’t really do anything particularly scummy.
Yeah, I can agree with that.
Disney backed off because they feared it wouldn’t be ruled applicable and didn’t want to create that precedent.
That’s the thing PayPal Honey is saying they are respecting the “last click” rule and in their eyes there is nothing illegal in that.
Even if the creator as nothing to do with honey they are saying the last click is in honey just before checkout so they get the money. I understand this is a terrible excuse but it seems that’s the defense they will follow. Basically they are hiding behind that stupid last click rule and using it to justify it’s perfectly legal.
Basically Honey says “we just strictly comply to a standard practice in affiliate links”.
So their excuse would be everyone else is doing it? Good luck with that.
Something I wonder is how would it even be possible for vendors to ignore PayPal is doing something fishy.
You got a guy who’s job is to monitor who is getting their affiliate money. He sees PayPal collecting millions of affiliate money.
The other players in this game (of affiliate link) knew very well that honey was doing something fishy. Why didn’t they contest it?
Because they were doing the same kind of “last click” bullshit. If that was so unfair there would be a trial already. They all followed this stupid rule and the megalag video talks about it.
The fact that Linus Tech Tips knew and we are supposed to believe the rest of the affiliate links mafia didn’t see a thing?
A lot of companies were working with honey to have them make sure people didn’t get the best offer. So they knew exactly what was going on.