UrLogicFails

While this isn't news about new technology, I thought it was an interesting look about how predatory EULAs can still hurt us even years later in seemingly unrelated ways

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Some key excerpts:

After a doctor suffered a fatal allergic reaction at a Disney World restaurant, Disney is trying to get her widower’s wrongful death lawsuit tossed by pointing to the fine print of a Disney+ trial he signed up for years earlier.

Tangsuan was “highly allergic” to dairy and nuts, and they chose that particular restaurant in part because of its promises about accommodating patrons with food allergies, according to the lawsuit filed in a Florida circuit court.

They allegedly raised the issue upfront, inquired about the safety of specific menu items, had the server confirm with the chef that they could be made allergen-free and asked for confirmation “several more times” after that.

After about 45 minutes, Tangsuan “began having severe difficulty breathing and collapsed to the floor.”

“The medical examiner's investigation determined that [Tangsuan’s] cause of death was as a result of anaphylaxis due to elevated levels of dairy and nut in her system,” according to the lawsuit.

He is seeking more than $50,000 in damages and trial by jury “on all issues so triable.”

In late May, Disney’s lawyers filed a motion asking the circuit court to order Piccolo to arbitrate the case — with them and a neutral third party in private, as opposed to publicly in court — and to pause the legal proceedings in the meantime.

The reason it says Piccolo must be compelled to arbitrate? A clause in the terms and conditions he signed off on when he created a Disney+ account for a month-long trial in 2019.

Disney says Piccolo agreed to similar language again when purchasing park tickets online in September 2023. Whether he actually read the fine print at any point, it adds, is “immaterial.”

“Piccolo ignores that he previously created a Disney account and agreed to arbitrate ‘all disputes’ against ‘The Walt Disney Company or its affiliates’ arising ‘in contract, tort, warranty, statute, regulation, or other legal or equitable basis,’” the motion reads, arguing the language is broad enough to cover Piccolo’s claims.

“There is simply no reading of the Disney+ Subscriber Agreement which would support the notion that Mr. Piccolo agreed to arbitrate claims arising from injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort which ultimately led to her death,” [Piccolo's legal team] wrote in the 123-page filing.

They confirmed he did create a Disney+ account on his PlayStation in 2019, but he believes he canceled the subscription during the trial because he hasn’t found any charges associated with it after that point.

“In effect, WDPR is explicitly seeking to bar its 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury even if the case facts have nothing to with Disney+,” they wrote.

The court has scheduled a hearing on Disney’s motion for October 2.

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Some key highlights (I would highly recommend reading the whole article, though):

Recently I saw a TikTok from a Black woman who said that when she changed her race to “White” on Hinge, she was presented with better men. I immediately gave it a try and was shocked to find that in addition to the guys I usually saw, there were men who were more handsome and better educated and who had better jobs than those who usually showed up in my search results.

Some of the men I was able to swipe through had previously only been available in the “Standouts” section, which Hinge describes as “outstanding content from people most your type.”

Now I’m left wondering if this new crop of men popped up because the app’s algorithm codes white women as more desirable, and thus presents them with the “best” options, or if these men are just searching for white women. Neither would surprise me. It’s well known that Black women have dismal experiences on dating apps: User data collected by OkCupid in 2009 and 2014 showed that men rated Black women less attractive than women of other races. Meanwhile, college-educated Black women are 53 percent less likely to marry a well-educated man than white women are.

In the past, Ashleigh has found that she doesn’t match with very many people on Hinge compared to Tinder, where she’s more successful. When she does match with cis men, she finds they frequently introduce themselves with sexually charged comments, often commenting on her body type. Since changing her race to white, she says that generally hasn’t been the case. “They’re actually asking questions; they’re trying to get conversations started and flirt with me,” she says.

Does she think she’s simply seeing men who are looking to match with white women, or is the algorithm positioning her as more desirable? She says the truth is probably somewhere in the middle — after all, these apps are designed to keep us on there, spending money.

After changing her race, Alanna also found that she was presented with different Black men than she’d seen before: “Way more employed, and guys who actually took the time to answer the prompts. More real photos of them versus the memes I usually see.” She also got more likes from men, going from an average of one to three per week to four to five each day.

I’d hate to think the algorithm favors white women, but I think I’d be more disappointed to find out that I just stumbled across a bunch of Black guys who are looking for white girls. No matter what the truth is here, it’s ugly and speaks to the challenges Black women have when trying to date online, which are admittedly easier to bear than the ones that come with trying to date offline, at least in my city.

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In Theaters February 14, 2025

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Some key excerpts:

Skydance executives who are set to take over the owner of CBS, Nickelodeon and MTV have identified at least $2 billion in cost cuts that can be made at the company, much of it from its linear media operations, according to Jeff Shell, who is slated to be named president of the new entity.

David Ellison, the Skydance chief who will become the CEO of a “new” Paramount, put a spotlight on his plan to boost the media conglomerate with content from his entity, which controls certain rights to top Paramount franchises like “Top Gun” and “Mission: Impossible.” He envisioned a new company that combined Skydance’s animation business with that of Nickelodeon, and CBS Sports with Skydance’s sports documentary division.

Shell indicated a willingness to sell certain non-strategic assets — which he did not immediately identify — and suggested the company hoped to add to the CBS Sports portfolio, which boasts the Masters golf tournament, Big Ten football, part of the NCAA March Madness tournament and NFL rights.

In time, Shell suggested, many of the streaming services were likely to be bundled together. The current streaming experience “‘is not great,” he said, with consumers forced to pay high fees to continue to receive most services. The current consumer experience “is not sustainable,” he added. “I think you already see the bundling process starting to happen,” he said, because consumers may have favorite media brands, but still crave a unified experience. “If you’re in that bundle you’re going to win, and if you’re not, you’re going to be in trouble.”

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Some key excerpts:

DreamWorks Animation has announced that “Shrek 5″ is officially in development, with a far, far away release date of July 1, 2026. Original “Shrek” stars Mike Myers, Eddie Murphy and Cameron Diaz are all confirmed to return.

Antonio Banderas’ return as the feisty feline Puss in Boots is not yet confirmed. “Shrek 5” will be directed by Walt Dohrn, who served as a writer and artist on “Shrek 2” and “Shrek the Third,” and as head of story on “Shrek Forever After,” in which he also voiced Rumpelstiltskin. “Shrek 5” will be produced by franchise returner Gina Shay and Illumination founder Chris Meledandri; Brad Ableson serves as co-director.

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Some key highlights:

The streamer announced at its upfront presentation to advertisers on Wednesday that it was moving forward with Happy Gilmore 2 with Adam Sandler on board to reprise his role as the titular rage golfer.

Netflix didn’t release any details about the film, such as its story line, writer or director.

Christopher McDonald who played the golfer Shooter McGavin the first film, has suggested his character might return in the sequel.

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Some key excerpts:

Cage is set to star in the live-action show “Noir,” which has been ordered to series at MGM+ and Amazon Prime Video. The series will debut domestically on MGM+’s linear channel followed by a global launch on Prime Video.

Per the official logline, “Noir” will tell the story “of an aging and down on his luck private investigator (Cage) in 1930s New York, who is forced to grapple with his past life as the city’s one and only superhero.”

The show hails from Oren Uziel and Steve Lightfoot, who will also serve as co-showrunners and executive producers. They developed the series with the “Into the Spider-Verse” team of Phil Lord, Christopher Miller, and Amy Pascal, all of whom will also executive produce. Harry Bradbeer will executive produce and direct the first two episodes.

The role will mark the first regular television role of Cage’s career.

Archive link: https://archive.ph/168Vn

There are now several games known to be getting delisted by WBD. I will link to the article with the list at the end

Some key highlights:

Warner Bros. Discovery, as part of its ongoing effort to stretch the definition of "entertainment company," recently told a solo indie developer it would be "retiring" his 2016 dreamlike puzzle adventure game Small Radios Big Televisions from the Steam and PlayStation stores. The developer, in response, has made it free to download for PC

Deery clarified that the game will be pulled in the next 60 days. Deery noted that Adult Swim Games "hasn't really been a thing for many years now" and that most of the people he worked with had moved on. "When you're working with purely digital products nothing is going to stay around for very long," Deery told Game Developer.

The reason given by Warner Bros. Discovery, as seen in the notice that Game Developer also reviewed, was "internal business changes." "Thank you for your contribution to our game library and understanding during this transition," the notice concludes. "We are available should you have any questions."

Warner Bros. Discovery executives said late last month during a financial call that its gaming business was due for a "tough" year-over-year comparison. That is largely due to Suicide Squad: Kill the Justice League

At a higher level, the merged Warner Bros. Discovery entity has shown no hesitation when it comes to folding known names and removing content. The firm killed the fully produced Batgirl and a Scooby-Doo film prior to release as a reported tax strategy.

It's hard to imagine how much it would cost to maintain storefront support for this sub-$20 game from 2016, but it was apparently too much for Warner Bros. Discovery.

The list of Adult Swim games can be found here: https://delistedgames.com/as-more-developers-confirm-it-looks-likely-that-all-adult-swim-games-titles-will-be-removed-by-may/ (Archive link: https://archive.ph/fjt3Q)

Archive link: https://archive.ph/WOlNl

The Swedish gaming company Embracer Group AB is canceling a video game in the beloved Deus Ex series after two years of development and will lay off a number of employees as part of an ongoing initiative to cut costs, according to people familiar with the moves.

Eidos, the Montreal, Canada-based studio behind the game, will instead focus on an original franchise. The canceled Deus Ex project, which had not yet been announced, was slated to enter production later this year, said the people, speaking anonymously because they are not authorized to talk to the press.

The company did not immediately respond to a request for comment. Following a period of massive expansion during the pandemic, Embracer Group has lately been making widespread layoffs, game cancellations and studio closures.

The sci-fi Deus Ex series has been critically acclaimed and sold more than 14 million units worldwide. It was acquired by Embracer in 2022.

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Nintendo Co. will launch a new game console this year with an 8-inch LCD screen, according to Omdia analyst Hiroshi Hayase.

The new device from the Kyoto-based games maker will be responsible for a doubling in shipments of so-called amusement displays in 2024, Hayase said in Tokyo on Friday. His research focuses on small and medium displays and he bases annual forecasts on checks with companies in the supply chain

cross-posted from: https://beehaw.org/post/11075469

Image transcription: A blue stylized shirt with the logo of The Wash from SpongeBob, a sticker of a squashed Plankton, a sticker resembling Squidward's "I really wish I weren't here right now" pin, a sticker resembling Mr. Krabs' mom's underwear, a keychain of Mr. Krabs, SpongeBob, and Patrick playing D&D, a BFF ring (which I didn't make), and a Chum Bucket bucket to hold everything.

Image transcription: A blue stylized shirt with the logo of The Wash from SpongeBob, a sticker of a squashed Plankton, a sticker resembling Squidward's "I really wish I weren't here right now" pin, a sticker resembling Mr. Krabs' mom's underwear, a keychain of Mr. Krabs, SpongeBob, and Patrick playing D&D, a BFF ring (which I didn't make), and a Chum Bucket bucket to hold everything.