Not if you pirate it
this post was submitted on 17 Aug 2024
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Putting myself in her husband's shoes, I can't tell how I'd feel about this meme. On one hand, it trivializes his tragedy a little bit, on the other hand, it's evidence that society is generally outraged about this.
I'm going with the outrage side here: the fact that they are even suggesting that this is legal footing is an affront to humanity
Difference between this and helium is helium follows rules of the universe, and this fucking contract law is human-enforced.
I read that in Charlie's voice! Honestly, sounds legit. But....I'm single. No wife here! hahahaha..ha..ha...cries
I did some digging and it seems like the family's suit should actually be against the pub that was renting the in-park space from Disney. It's just unfortunate that the prevalence of corporate propaganda in news media, especially in what would be a critical period for Disney to invest in damage control for their public image, makes it difficult to confidently believe one thing or the other in light of that finding.
I never cared much for Disney to begin with, so I won't waste any more time with verification. Regardless, the suit definitely shouldn't be dismissed on their argument of the arbitration agreement alone because it would set an awful precedent, even if the suit itself happens to be toothless. I wouldn't put it past Disney to try to take advantage of the situation to that end (They may be hoping the suit will be dismissed for arbitration because the judge already knows the suit is pointless so that future legitimate lawsuits against them for wrongful deaths in their park can be more easily dismissed on the same grounds).
I did some digging and it seems like the family’s suit should actually be against the pub that was renting the in-park space from Disney. It’s just unfortunate that the prevalence of corporate propaganda in news media
He is suing both Disney and the pub. The pub obviously because they were negligent and Disney because it is in Disney World. It is up to the court to decide how much liability Disney should have vs. the pub, if any.
I doubt Disney would be able to successfully argue that just because the restaurant is leasing space in Disney World that they have zero liability but that's up to the court.
He is suing both Disney and the pub. The pub obviously because they were negligent and Disney because it is in Disney World. It is up to the court to decide how much liability Disney should have vs. the pub, if any.
It could very well be in the contract with the pub that Disney requires allergenic options to be available and the space doesn't have sufficient space to keep those ingredients separate. In such an instance Disney absolutely bare a significant amount of responsibility.
I just don't get why Disney would go to that extent when the lawsuit should have easily been disregarded as not applicable to them. Digging up an old Disney+ membership to find some terms which could apply seems like a terrible PR move for their service.
It's an interesting legal test case (which I hope Disney would lose) but this is certainly the wrong time to try it out.
Hell yeah smiling friends meme format!!!
So if you were to burn down a Disney resort, they'd have to arbitrate?
No, the terms forfeit your right to a judge/jury not theirs
Arrrrrr!
Hold on i just realised
Some arbitration clauses work both ways, meaning disney can't sue you just as much as you can't sue them
So in theory if you signed up for a free trial or something, pirating (and distributing) any disney content would be absolutely legal
Edit:
Ok i looked up their terms of use (which was slightly harder because of the pile of articles about the latest lawsuit), and they have their bums covered:
- BINDING ARBITRATION AND CLASS
(...)
You and Disney agree to resolve, by binding individual arbitration as provided below, all Disputes (...) except for: (...) (ii) any dispute relating to the ownership or enforcement of intellectual property rights. (...)
Source: https://disneytermsofuse.com/english/#BINDING-ARBITRATION-AND-CLASS-ACTION-WAIVER, accesed 2024-08-17
Edit 2: added formatting to the quote
That they have a specific exception for IP tells me all what they really think about their customers.
That's why they pay the lawyers
that's not how it works. the law does not exist to protect you; it exists to make you tolerate your exploitation and feel like it's fair.
edit: fixed one letter.
I wouldn't even say that. The law exists to protect the powerful and doesn't care if it feels fair to you or not.
right but it can't protect the powerful without gaslighting you, because the direct use of violence for control is really really fucking inefficient, and the use of pure terror for control isn't much better. you need to build the prison in your prisoners' heads, y'know?
Probably not, they say that you agree to settle your disputes with x corporation through arbitration, nothing about x corporation's disputes with you. Don't test the most expensive lawyers in the world, especially when they get to pick the arbitor.
I am not saying that's a good idea, but i know that for example discord's arbitration clauze explicitly states that it works both ways, so it's not impossible that disney's does too
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