this post was submitted on 20 Aug 2024

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855

Disney gives up on trying to use Disney Plus excuse to settle a wrongful death lawsuit (www.theverge.com)

submitted 3 weeks ago by MicroWave@lemmy.world to c/news@lemmy.world

98 comments fedilink hide all child comments

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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[–] ptz@dubvee.org 276 points 3 weeks ago* (last edited 3 weeks ago) (4 children)

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.

[–] Rooki@lemmy.world 100 points 3 weeks ago (2 children)

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.

[–] ptz@dubvee.org 58 points 3 weeks ago (1 children)

Yep, exactly.

They're asserting and graciously waiving a "right" they invented themselves in order to keep that from being challenged in court.

[–] Rentlar@lemmy.ca 15 points 3 weeks ago

Just this time, because I care about Disney so much, I'm waiving my right to steal from Disney.

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[–] JoshuaFalken@lemmy.world 40 points 3 weeks ago (1 children)

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.

[–] Tinidril@midwest.social 59 points 3 weeks ago (3 children)

Arbitration contracts, especially in click-through licenses, are always bullshit and should be universally thrown out.

[–] refurbishedrefurbisher@lemmy.sdf.org 34 points 3 weeks ago* (last edited 3 weeks ago) (1 children)

Arbitration contracts ~~especially in click-through licenses~~ are 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.

[–] Tinidril@midwest.social 14 points 3 weeks ago (1 children)

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.

[–] grue@lemmy.world 13 points 3 weeks ago

If you give an inch, they take a mile. No forced arbitration clauses, anywhere, ever, period.

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[–] trustnoone@lemmy.sdf.org 8 points 3 weeks ago

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.

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[–] Olgratin_Magmatoe@lemmy.world 224 points 3 weeks ago

"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."

[–] henfredemars@infosec.pub 140 points 3 weeks ago (4 children)

Arbitration is an abomination, abused to quash the rights of regular people who could hardly afford to take a stand against the big guy in the first place.

That a person can sign away their legal rights at all is a miscarriage of justice.

[–] winterayars@sh.itjust.works 48 points 3 weeks ago (1 children)

Yeah that's basically "slavery is okay if you sign a contract first". Should be self evidently wrong.

[–] SmackemWittadic@lemmy.world 11 points 3 weeks ago* (last edited 3 weeks ago) (1 children)

I mean in the US it's currently "slavery is okay if you get thrown in jail first".

So it's unfortunately not that big of a leap in their logic

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[–] CosmicTurtle0@lemmy.dbzer0.com 18 points 3 weeks ago (5 children)

Arbitration, generally, is not a bad idea. It's less formal and usually less expensive when you have a disagreement. It really is designed for, say, two friends who are going into business together and want to keep things friendly while giving each other the ability to seek an external arbitor.

However, it's our late stage capitalism that has made forced arbitration an abomination, with corporations seeking to limit their liability by making it unprofitable for individuals to seek legal remedies against very large corporations. Corporations that have the legal equivalent of nukes verses the average customer who has a peashooter.

I'm at the point whenever I see these clauses to snail mail then my own terms and if they don't react, I assume that my terms were accepted. I've been doing this now for the last few years and have yet to have a company shut off my service or reply back.

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[–] TrickDacy@lemmy.world 136 points 3 weeks ago (6 children)

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.

[–] Frozengyro@lemmy.world 71 points 3 weeks ago (1 children)

They said they decided to waive their right to arbitration. They still think that's their right, fucking sickening.

[–] TrickDacy@lemmy.world 28 points 3 weeks ago (1 children)

I think they put it that way because they want to signal how powerful they are while pretending to be ethical

[–] frunch@lemmy.world 11 points 3 weeks ago (1 children)

Exactly, i thought of this as a tapping of the holstered guns they're openly wearing

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[–] winterayars@sh.itjust.works 58 points 3 weeks ago (2 children)

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.

[–] KingBoo@lemmy.world 22 points 3 weeks ago

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.

[–] TrickDacy@lemmy.world 8 points 3 weeks ago

Yeah, maybe. It definitely wasn't for a selfless reason

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[–] phoenixz@lemmy.ca 131 points 3 weeks ago (5 children)

we decided to waive our right to arbitration

Fuuuuck you with an umbrella. You didn't have that right, you just used that bullshit idea to save yourself from rightful consequences. You only stopped that idea after the massive backlash, as always. You don't get to act like the good guy uere., fuck you.

I can't wait for Disney to go bankrupt and be split up in twenty normal entertainment companies

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[–] Tudsamfa@lemmy.world 118 points 3 weeks ago (3 children)

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".

[–] kent_eh@lemmy.ca 56 points 3 weeks ago

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".

[–] WanderingVentra@lemm.ee 35 points 3 weeks ago* (last edited 3 weeks ago)

"Just when we have less heat on us and the news doesn't have everyone so riled up and hating us."

[–] Bojimbo@lemmy.world 10 points 3 weeks ago

I think they realized that this is the kind of case that could affect arbitration laws if pushed up in appellate courts.

[–] Toneswirly@lemmy.world 87 points 3 weeks ago (1 children)

"We've decided" lol. Keep telling yourselves that

[–] CM400@lemmy.world 20 points 3 weeks ago

“Right to arbitration”

[–] SkunkWorkz@lemmy.world 81 points 3 weeks ago (1 children)

lol they still think they have the right to arbitration.

[–] Dorkyd68@lemmy.world 18 points 3 weeks ago* (last edited 3 weeks ago)

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

[–] originalucifer@moist.catsweat.com 56 points 3 weeks ago

we’ve decided to waive our right

"we are not wrong, fuck you"

[–] half_fiction@lemmy.dbzer0.com 31 points 3 weeks ago (2 children)

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.

[–] catloaf@lemm.ee 13 points 3 weeks ago (1 children)

Most of the time, nobody notices.

[–] half_fiction@lemmy.dbzer0.com 11 points 3 weeks ago (1 children)

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.

[–] ironhydroxide@sh.itjust.works 8 points 3 weeks ago* (last edited 3 weeks ago) (2 children)

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.

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[–] grue@lemmy.world 12 points 3 weeks ago

Legal and PR are different departments.

[–] NoLifeGaming@lemmy.world 23 points 3 weeks ago (4 children)

Boycott Disney, the high seas exist if you need to get your fix

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[–] Krzd@lemmy.world 19 points 3 weeks ago

"unique circumstances" we got caught and too many people heard about it

[–] aeronmelon@lemmy.world 15 points 3 weeks ago

Too. Late.

[–] brucethemoose@lemmy.world 13 points 3 weeks ago* (last edited 3 weeks ago) (1 children)

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.

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[–] sartalon@feddit.nl 13 points 3 weeks ago

Jesus, this story made me feel so fucking gross. So fucking disgusting what they were trying to do.

[–] jaggedrobotpubes@lemmy.world 12 points 3 weeks ago

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.

[–] MilitantAtheist@lemmy.world 12 points 3 weeks ago

The guy lost his wife. Fuck Disney for trying this shit.

[–] TankovayaDiviziya@lemmy.world 11 points 3 weeks ago

For a company that pushes so hard to have family friendly image, they had to pull this ridiculous stunt.

[–] MehBlah@lemmy.world 10 points 3 weeks ago (3 children)

I wonder how these stupid attempts ever get pass these supposedly smart executives. You have to be pretty stupid to hold someone to a agreement that was over four years before. The idea that you are bound by a contract for a online service after you cancel it is absurd and downright stupid.

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[–] nobleshift@lemmy.world 10 points 3 weeks ago (6 children)

I will never knowingly hand money to that corporation or their entities ever fucking again.

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[–] cordlesslamp@lemmy.today 9 points 3 weeks ago

I wonder if anyone cancels their Disney+ over this. I know I would if I had it.

[–] OfficerBribe@lemm.ee 8 points 3 weeks ago* (last edited 3 weeks ago) (1 children)

Insane that there was no one from Disney side who did not try to stop this in the first place. Don't mind the empathy, nobody saw this as a bad move for their image? Unless they were being sued for 100+ M I don't see how this made sense financially for them.

And this terrible dry response from them, insane.

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[–] Got_Bent@lemmy.world 8 points 3 weeks ago (3 children)

Disney: Guilty of murdering its resort guests as well as the entire Star Wars franchise.

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