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178

X adds Twitch to its advertising boycott lawsuit (www.engadget.com)

submitted 6 hours ago by [email protected] to c/[email protected]

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[–] [email protected] 95 points 6 hours ago (2 children)

This is insane, there should be fines for frivolous lawsuits like this.

[–] [email protected] 41 points 4 hours ago

There are. In most states.

He's having the suits filed specifically in one of the few states that don't.

[–] [email protected] 80 points 5 hours ago (1 children)

This is why he moved to Texas

[–] [email protected] 45 points 4 hours ago* (last edited 4 hours ago) (2 children)

And changed the twitter ToS to require suits in a specific part of texas.

Elon Musk's X updated its terms of service to steer user lawsuits to US District Court for the Northern District of Texas, the same court where a judge who bought Tesla stock is overseeing an X lawsuit against the nonprofit Media Matters for America.

The new terms that apply to users of the X social network say that all disputes related to the terms "will be brought exclusively in the US District Court for the Northern District of Texas or state courts located in Tarrant County, Texas, United States, and you consent to personal jurisdiction in those forums and waive any objection as to inconvenient forum."

X recently moved its headquarters from San Francisco to Texas, but the new headquarters are not in the Northern District or Tarrant County. X's headquarters are in Bastrop, the county seat of Bastrop County, which is served by US District Court for the Western District of Texas.

[–] [email protected] 2 points 1 hour ago (2 children)

How likely is that chunk to be thrown out for being obviously ridiculous?

[–] [email protected] 2 points 1 hour ago

In a past life, pretty plausible.

Now that Elmo is the First Lady, this is the best TOS that's ever been written by anyone ever. It's perfect. It probably trumps the constitution because of how perfect it is.

[–] [email protected] 2 points 1 hour ago

According to the article, not that likely:

Terms requiring users to sue in specific courts are usually enforceable, Vanderbilt Law School Professor Brian Fitzpatrick told Ars today. "There might be an argument that there was no consent to the new terms, but if you have to click on something at some point acknowledging you read the new terms, consent will probably be found," he told us in an email.

A user attempting to sue X in a different state or district probably wouldn't get very far. "If a suit was filed in the wrong court, it would be dismissed (if filed in state court) or transferred (if filed in federal court)," Fitzpatrick said.

[–] [email protected] 45 points 4 hours ago

Amazing how terms of service apparently carry the same weight as laws, yet can be changed arbitrarily by businesses on a whim.