Uber looked at Disney and thought "hmm yummy, get us some of those sweet backlashes".
Anarchists used to blow up corporate buildings for this shit when government failed to keep these sociopaths in line'
Corporations these days need more fear of behaving like this: Courts need to stop allowing this shit. Legislators need to ban these practices. Prosecutors need to sue these companies to force courts to rule on this bullshit.
Cyberpunk 2077 was on to something about Corpos. This is just evil.
Not Cyberpunk 2077, but cyberpunk - the genre of science fiction.
CDPR didn't invent it - it's been a thing for many decades.
Well, I won’t be using Uber any more. Right alongside anything produced by Disney.
Fuck both of them.
Woman died because an employee at a Disney resort served her food with peanuts in it. Her widower tried to sue, because the woman had confirmed with the server that there would be no nuts, and the server assured them there wouldn’t be. So someone on the restaurant’s side fucked up. Pretty open and shut case of negligence.
Disney’s lawyers tried to get the lawsuit dismissed, by saying that the husband had agreed to binding arbitration in the Terms of Service when he signed up for a free two week Disney+ trial on his Xbox several years prior. He never actually paid for a subscription, and cancelled after the free trial. But Disney was saying that the binding arbitration clause was still in effect in perpetuity, even after the trial ended and he cancelled the service.
Disney quickly reversed course (and “allowed” the man to sue them) once they realized it was making headlines, because they didn’t want to deal with the bad PR. But if it hadn’t made headlines, Disney’s lawyers likely would have continued pushing for dismissal.
He was also merely acting as an agent for her estate, not suing them personally, and she hadn't agreed to any arbitration
Ok I think this should finally bring to light how TOS should not be enforceable contracts. As
1- its common knowledge that the average person does not read TOS. Therefore, it should be unreasonable to expect the average consumer to have completely understood what they have agreed to, without any legal representation to clarify the contract
2 - TOS are written like legal jargin straight from the legal department. Unfortunately, the client base is either 10 year olds lying about their age, 80 year olds who barely understand what a TOS is, and the average consumer who was never presented with a contract, just a simple "Accept or Decline"
3 - If TOS is meant to be as enforceable as it is, then we need a new set of data laws / seperate justice system to actually regulate those TOS. From what I understand, real life laws still apply to contracts where both parties consented. Aka, even if you agreed to kill someone who wanted to die, murder is illegal.
I hope we can bring some real change instead of letting this go to the side too. I was hoping the Disney thing would be bigger than it was, but then again who's taking Disney to court and surviving? It's sad to think they can get away with this, and its sadder to know we're less valuable than the data we produce.
"This comment is way too long."
presses Agree
I actually loved how Larian wrote the ToS for Baldurs Gate 3. It’s written as if it is a warlock pact.
It’s the first time I have actually read a ToS in years.
Fun fact: in Germany, anything "unexpected" they write in TOS is not legally binding, because everyone knows noone reads it.
Also any clause like this would be thrown out as a violation of laws anyways. You cannot deny a party to seek damages for events completely unrelated to the scope of the contract. Especially not indefinitely into the future or for actions subject to criminal law.
That sounds perfectly reasonable...
Heck half the time my screen reading software glitches out on ToS pages, so I just have to assume I'm selling my soul but hopefully not much else and click accept because it's not like I'm going to find someone to sit and read it out to me, that would take hours!
And yet for every other contract I have ever signed in my entire life, I have a legal right to ask for it in an accessible form before I sign it. As a visually impaired person, uber is present in my life.
I hated it, it was the most inaccessible app for such a purpose, and the drivers really did not understand I can't see what they see. I like just calling the depot, talking to a human, and booking a cab.... But you can't do that now either because when you call you wait on hold for 20 minutes while the automated message tells you about the taxi app.
So now unfortunately, uber is easier to book than a taxi, I don't know if the ToS in the taxi app has any harmful stuff about arbitration because again, I've never been able to get a screen reader to read out the ToS properly on any app!
I feel like such a boomer, but I am really feeling more and more isolated as every service Abdi connection I've built my life around is moving online into a digital visual space faster than the affordable assustive technology can keep up with.
I'm expected to read something on a screen when I physically can not, uber and similar apps, including the app my local state government brought in during covid that now holds much only transit ID to show transit staff I'm blind (to get l transport assistance at train stations) all do this.
Once you open the wallet section of the app, for fraud prevention they disabled third party screen readers from reading anything on the app.
I have to open my app, then ask the other person to look through my wallet for me to find the card because I can't, it's such a privacy violation.
Companies really don't put much effort into making these readable or accessible.
Many websites I've used it's even a broken link, there's nothing to read but I'm expected to agree anyway.
The terms are usually extremely long and repetitive, they're not designed to be actually read by people.
All the more reason why they can't be used as valid and binding contracts in a court of law!
I hope the state supreme court allows them to keep their right to a jury trial. It clearly states in our 7th amendment it is preserved for any case above $20 and that it will always be upheld. There is no alternative in the wording, it is so clearly written and if it is ignored I want to see all the judges bank account and donations because the constitution for jury trials are clearly written and cannot be told in any other way.
Uber was taking notes from Disney.
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