this post was submitted on 16 Aug 2024
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Piracy: ꜱᴀɪʟ ᴛʜᴇ ʜɪɢʜ ꜱᴇᴀꜱ
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To summarize differently, their argument goes that if you signed up for a trial of Disney+ (or some other such service), you agreed to an arbitration clause as part of the terms of service.
They are arguing that the arbitration clause therefore applies to everything Disney-related, even if it's a service unrelated to Disney+.
I doubt this will stand a court's scrutiny and will likely get tossed as unenforceable for being an unconscionable contract. Still, Disney sucks for even attempting such a maneuver, and it equally sucks that the US legal system is in such a state that they think this is a possible avenue for success.
Unless it reaches the Supreme Court and in yet another 6-3 decision the corpos get to loot and pillage more with even less accountability.
It's being taken to court in Florida so I'm not sure it'll even have to make it that far. Can't wait for the corporations with captive user bases to start rolling these arbitration clauses in as a paid service for other corporations.
Sorry, you can't sue ExonMobile for wrongful death, they have an arbitration clause in Comcast's end user agreement for your internet service that they leased. If you wanted to sue ExonMobile you should have not had internet, dummy.
When I was younger, I used to think politics didn't matter and that all politicians are crooks. Now I know that all politicians are crooks AND politics matters and has real-world consequences.
I'm less cynical about SCOTUS, but only because they aren't a rubber stamp like the 5th Circuit. They are absolutely beholden to FedSoc and Conservative interests, but I doubt corporations want to be bound by clauses like this from some supplier they do business with, either.
Is it cynicism when I'm following their actions and expecting more of the same? The SC makes shit up after the fact and finds ass-pulls to make it sound like the Constitution said that. That's why, effectively, the POTUS can't commit crimes as long as they are arbitrarily determined to be "official acts" now. They already announced we're ruled by kings. How much further need it go?
I wonder how much of it is Disney thinks this might actually work versus the ole delay, delay, delay tactic. Probably a little bit of both.
They're gonna do the delay tactic too but this is more insidious.
The amount of money the husband is asking for isn't all that much, pennies to them and in the greater scheme of things this is a nothing suit to them, low stakes. Since it's low stakes they're trying this tactic first to see if it'll stick and create that dangerous precedent. I don't suspect it'll go through but with all these right wing pro capitalist judges it might, and it's worth trying for them since it's such a low stakes suit.
At this point they get to throw everything at the wall and see what sticks.
IANAL but i am wondering if Disney is somehow letting this case go as a backdoor way to legitimize arbitration agreements.
Like, i just can't see Disney not knowing this is the wrong case to push the legitimacy of an arbitration agreement. But if this case somehow legitimized through whachacallit... precedent... that an arbitration agreement, while binding in a primary sense, is not binding for every Disney product, wouldn't Disney (and really every company that uses binding arbitration as part of using their product) consider that a win?
Because as i understand it, arbitration agreements as a requirement to use a service is still an untested legal grey area. Anything legitimizing them at all would be a win... Right? Againn ianal
The even bigger irony is that he only sued for $50k. That’s peanuts for big D. Their lawyers probably got more for digging up that arbitration clause.
Disney will happily spend a million to defend against 50k if they have a chance of getting a court decision that their contract is valid for everything associated with the Disney brand
It’s broader than just a Disney+ trial account, it’s part of the whole Disney account, such as when you buy tickets as he did in 2023. Between that and the Florida judge I’m not sure it will get thrown out.
Best case scenario is forced arbitration is just ended. It should be an option, not a requirement.
https://www.bbc.com/news/articles/c8jl0ekjr0go
I wonder if you can buy tickets in person to avoid making the account.