• PunchingWood@lemmy.world
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    3 months ago

    This is the most ridiculous American thing I’ve read in a long time.

    They really went above and beyond to look for any “legal” excuse to get away with it. Whoever suggested to even use this as a defense can’t possibly be a human being. What an absolutely disgusting low-point for such a company…

    • dust_accelerator@discuss.tchncs.de
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      3 months ago

      Sooo …

      If you only ever pirated their content, you have better legal standing?

      I think I don’t get how that’s the message they want to send out to the world…

    • ChaoticNeutralCzech@feddit.org
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      3 months ago

      I hope some politician finally steps in and nullifies all forced arbitration clauses, in past and future contracts. There is no legitimate reason for them to be allowed from the customer’s standpoint (and most voters are primarily customers).

    • AmidFuror@fedia.io
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      3 months ago

      I think you mean opinionated headlines. But you’re right. This post is trash. Disney did a bad thing, but it’s nothing like what’s in the post title (which isn’t the article headline).

      Disney is arguing the case should go to arbitration, not that it is legal for them to kill someone. Obviously their argument in arbitration would be that is isn’t their fault the death occured.

    • AbouBenAdhem@lemmy.world
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      3 months ago

      It does suggest tech users should think twice about the scope of the arbitration clauses in the user agreements they sign.

  • XeroxCool@lemmy.world
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    3 months ago

    Not legal to kill her, but absolve themselves of a food-related death from a Disney property because the language in the disney+ terms say “all dispute swith the company shall be arbitrated”

  • John Richard@lemmy.world
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    3 months ago

    I’ll be cancelling my Disney bundle subscription after this. I seriously hope they get billions from Disney after this. Nothing I hate more than companies trying to abuse arbitration clauses. No one in their right mind would think Disney+ subscription would impact their legal rights at a park. Now I know why Disney+/Hulu/etc moved to a MyDisney account. It was because of shenanigans like this where they wanted to try to make a contract that applies to every Disney property imaginable.

    • Shdwdrgn@mander.xyz
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      3 months ago

      You might want to re-read that… This is saying they signed up for a 1-month free trial in 2019. It sounds like they haven’t even had a subscription for the last 5 years but the lawyers are still trying to argue that it applies.

      • John Richard@lemmy.world
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        3 months ago

        Yes I know this. They include terms that automatically adapts all new agreements too. Even if 5 years ago they didn’t have as broad of a contract, businesses constantly update their terms to strengthen and expand stripping away consumer rights.

    • werefreeatlast@lemmy.world
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      3 months ago

      Sorry. You already entered into the contract. You signed. Anyway, I’m not here for the arbitration. I’m here for you puppy Max. In the contract, in fine letters, it clearly says that if you do happen to acquire a puppy via gift, birth or otherwise monetary exchange, Disney has the right to use said animal for the new Lion King the ride movie. So anyway, can we please take a look at the specimen? We got some invasive tests we’d like to run now.

  • Revv@lemmy.blahaj.zone
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    3 months ago

    It’s worse than that. It’s arguing that her estate and surviving husband can’t sue because he had a trial subscription to Disney+. It’s fucking absurd.

    • John Richard@lemmy.world
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      3 months ago

      Fuck em. I hope the attorneys that argued this and any executive that learned about it and could have stopped it get cancer and suffer in the worst ways imaginable.

      • floofloof@lemmy.ca
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        3 months ago

        After their meal, Piccolo returned to their hotel room, and Tangsuan and her mother-in-law continued to shop at Disney Springs. later that evening, Tangsuan had an acute allergic reaction in Planet Hollywood, self-administered an EpiPen, and was transported to a local hospital, where she later died.

        In the latest update for the Disney Springs wrongful death lawsuit, Disney cited legal language within the terms and conditions for Disney+, which “requires users to arbitrate all disputes with the company.” Disney claims Piccolo reportedly agreed to this in 2019 when signing up for a one-month free trial of the streaming service on his PlayStation console.

        From this it seems the husband was the one with the Disney+ trial, and they’re arguing that this lets them off the hook legally for his wife’s death.

        • bizarroland@fedia.io
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          3 months ago

          Too bad that if the motion gets denied, chances are the jurors will never hear that Disney pulled this shit in the first place.

          If I knew that I would do my best to give a hundred million dollars to the plaintiffs because Disney can afford it and they should be punished for being dick heads and that would be within our power as a jury to do.

          • Stovetop@lemmy.world
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            3 months ago

            Agreed. Fuck, I’d even say that’s just appropriate damages, not even just magnified to match their means. They killed a doctor. I’d want Disney to compensate not just for her life, but for all of the invaluable medical care she’d have been able to provide for who knows how many patients over a long career which was cut tragically short by sheer negligence.

  • chakan2@lemmy.world
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    3 months ago

    That’s some pretty hardcore click bait.

    They’re arguing her estate has to go to arbitration. They’re not arguing they are absolved of guilt.

    It’s pretty ugly already, but the title is sensational bullshit.

    • Ibuthyr@discuss.tchncs.de
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      3 months ago

      I have no clue what the title is trying to tell me and I’m not clicking the link to find out, because fuck clickbait.

    • empireOfLove2@lemmy.dbzer0.com
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      3 months ago

      They want it to go to arbitration where A. Their dirty laundry will not be aired publicly, they can enforce complete privacy and gag the defense forever, and
      B. Where the arbitration that the company hand-picks will almost guarantee to conveniently rule in favor of the company with a binding, non-appealable ruling?

      Fuck all of that, it does not make it better. Dinsey is trying to operate outside the law like every other corporation so desperately wants to.

    • ChaoticNeutralCzech@feddit.org
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      3 months ago

      Arbitrators are very likely to lose their business if they rule against their more frequent client (which is the company of course).

  • nondescripthandle@lemmy.dbzer0.com
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    3 months ago

    FTC, theres a company here that got so big it thinks its internet video app terms absolve it’s completely seperate theme park from being sued. If that’s not too big to exist then nothing is.

  • pHr34kY@lemmy.world
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    3 months ago

    So, Disney+ gift cards carry no value at Disneyland, but the Disney+ death waiver does?

  • Zorque@lemmy.world
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    3 months ago

    Wait, it’s not even a Disney owned property within the parks? It’s a separately owned pub in Disney Springs?

    That makes a hell of a lot more sense… Disney cast members are fanatical about following dietary guidelines.

  • PiJiNWiNg@sh.itjust.works
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    3 months ago

    So frustrating seeing this shit. I simply dont understand how this type of language is allowed to be present in T&Cs.

  • roofuskit@lemmy.world
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    3 months ago

    So we’re just straight up making up headlines now? The reality is atrocious enough without just lying about what’s happening.

    • g0nz0li0@lemmy.world
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      3 months ago

      Yeah, that headline is atrocious. The reality of the situation is sensational enough, I’d argue dialling up the outrage actually diminishes the impact.