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It's crazy "not the onion" territory.
Thing is, Disney wins a lot of lawsuits. What if they actually win this, especially in a higher court? Every tech company in the US would shove this into their TOS and basically be immune to lawsuits like this...
Agreed, this is such bullshit.
Forced arbitration is in my opinion already a bullshit thing, but saying that the TOS of your streaming service applies to your resorts, parks and restaurants is something so dystopian that I can't believe this even could have been stated seriously.
The consequences of the result of this lawsuit are going to be fucking ridiculous.
Wait that's real?
Yes. A woman died of allergic reactions when eating at a disney-owned restaurant after telling the waitstaff repeatedly about her allergies.
Her husband then sued the restaurant, because that's already fucking insane.
Disney then argued that actually, the court didn't have jurisdiction because the husband had agreed to arbitration when he signed up to Disney+'s free trial 2 years prior.
His lawyers seem to actually be worth their money and are fighting this.
Disney-owned
Not Disney owned. I know we hate Disney but stop with the misinformation.
After seeing this comment I had to check how Disney is involved if they don't own the restaurant. The restaurant is in Disney World (specifically Disney Springs). https://www.bbc.com/news/articles/c8jl0ekjr0go
IIUC that does put the restaurant in the special tax district that gives Disney the authority of a county government. But my very cursory search seems to indicate that restaurant safety oversight is managed at the state level.
gives Disney the authority of a county government.
Yo what the fuck this is literally in the plot of both shadowrun and cyberpunk as the beginning of the end for state governance.
Time to break up that company, so arbitration in one part doesn't apply to the other part.
This doesn't work in the EU.
In my fantasy timeline this is forced to go to arbitration but the arbiter actually is a human being who is so outraged at the circumstances that they award the entire net worth of the Disney corporation as damages in a legally binding non-appealable decision.
In reality, the arbiter is a private official who is being paid by the corporation. It doesn't seem great for business if they side against them...
This is true, but it wouldn't actually be the first time that an arbiter gave an unfavorable result to its employer: https://youtu.be/u9Jmi9BOBNA?si=mOEPKERF8Z8YFrOi&t=8m38s
Every tech company in the US would shove this into their TOS and basically be immune to lawsuits like this...
They already have :/
Companies left and right will start creating EULAs with forced arbitration clauses for all kinds of crazy things... Shit like "Being in the general vicinity of one of our buildings, you agree with our license terms". Or "saying the name of our company, you agree with our EULA". Or "By being alive, you agree to our EULA".
Luckily it has been decided just showing it to you, or having it exist but not showing it to you, are not enough enough to say you agree. They must show it to you and you must actually agree to it. The issue is we have to go through these all the time. Even if you're a lawyer, there's no way you have enough time in your day to read all of every EULA that comes your way. You have to assume they aren't too bad.
There really should be length and understandability requirements to this stuff. Maybe create a standard form all of them can choose to include for all the basic stuff so you know it in advance. Everything else must be under a given length and can't be too hard to understand.
Maybe it will be spark we need to really do something about big corporations.
God I hope so... but if Mitch McConnell's niece getting killed by a self-driving car didn't make anyone in power mad at Elon Musk
There's no way in hell, the precedent would basically mean murder is legal.
Plus most courts are Right Wing now and Republicans hate Disney.
I really hope you're right
I hate that I am hoping for right wing hate to get out of a world where signing up for a Disney+ Free Trial gives Disney immunity from manslaughter on account of negligence.
What a fucking cursed timeline.
right
That's the only silver lining I can think of with Ron DeSantis and the fight Disney chose to pick with him. Imagine pissing off the Republicans to the point where they do positive copyright reforms.
Even worse, it's not just if you sign up for Disney Plus, it's if any of your survivors sign up for it.
Yea that's bloody ridiculous, especially since that guy signed up for that in 2019. Dude agreed to a TOS half a decade ago and now can't even try to get compensation for the loss of his wife. How is this in any way acceptable?
It seems that the court was not going to accept this argument, but Disney has dropped it and are going with the court case instead of arbitration.
It'll likely be settled out of court.
can't believe I lost my dragon scimitar from being lured to disney world
Suits scheme how to avoid measly 50k$ when someone fucking died with their eyes bulging out of their skull out of asphyxiation. Shitting and pissing and kicking in terror. Maybe if they watched some proper recording of such scenario they would be less psychopathically detached from the situation
That women had an EpiPen, imagine yourself having an allergy, making sure to inform the staff at a restaurant multiple times that you have an allergy, bringing an EpiPen with you just in case, and then as you struggle to breathe you use the EpiPen and yet it doesn't help.
This has to be so terrifying, to struggle to breathe when you know you did everything you could to prevent this.
Those lawyers probably earn more in a month than the man could ever get from this lawsuit.
Actually I almost managed to vividly imagine this situation from the victim eyes thanks to your comment and yeah this is classic “holy shit I am dying” moment with all the cold, mind shattering terror of it except it proceeds to actual death and not lucking out.
RUNESCAPE!!!
I can’t sue anyone if I die? Huh.