Even more reason to pirate.
Let’s revolt. Let’s burn down every store in town. Do it like the french.
/s
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
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.
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.
So if you were to burn down a Disney resort, they’d have to arbitrate?
Do not make me read their ToS…
A lady died after having an allergic reaction eating at a restaurant at Disneyland. Her husband sued Disney and their lawyers are arguing that her husband has no grounds to sue because he once signed up for a free trial of Disney+ and the TOS says you forfeit your right to sue Disney and must use binding arbitration instead.
Just want to point out that the allergic person seemed to have taken every precautions possible to avoid this. She asked the waiter and the chef multiple times to verify that the allergen wouldn’t be there and they repeatedly said it was the case.
I think there were 4 times where they confirmed that the meal was safe. It wasn’t at all.
So it looked like a really really bad mistake from the restaurant staff.
A restaurant that isn’t owned by Disney. So he wouldn’t be able to sue anyway.
Disneyland is the new unregulated MAGA hellscape. I’m opening an unlicensed gun shop on their Main Street next to the corn dog shop, so no one can ever sue me.
this is why you pirate, so it’s still illegal for them to literally murder your wife.
satire is fucking dead. NEVER consume media legally. not if you have anyone you care about in your life. I wish this was a fucking joke,
like, when I read ‘farenheit 451’ and ‘free culture’ I thought I knew how fucking horrible and dystopian corporate control of culture could be. I had some pretty grim images in my mind, and got really into having my own copies of things outside the bounds of the various laws. then this shit happened.
NEVER consume media legally
Given our current economic system and supposing that you can’t change it for now, how would you support a living for media creators (movies, shows, games, art, music, whatever)?
Genuine question. I find myself on the fence about this. Currently, I consume media legally due to several reasons:
- Supporting the creators and thereby incentivising them to produce more of stuff which I enjoyed.
- I can afford it.
- I would like to keep it legal.
Stuff like this (although not affected since I don’t live in a country with that shitty laws), but also the decline of quality products as a result of companies trying to maximize their profit margins by producing a lot of cheap trash, as well as the criminalization of consumers and the fact that the profits are not shared equally among the creators but rather a few get the most while the rest gets some pennies (an issue present in virtually every business), make me really favour the idea of getting a pirate hat.
However:
If everyone would do this, this would lead to the death of the media industry, since no one would be able to pay for the productions and everyone involved anymore.
How would get those productions then?
Really, I think the only way to change this is to impose much better laws on the one hand and switch to a different, better, economic system on the other hand. But I don’t see these things coming soon. Which leaves me with staying legal.
I would like to read your thoughts on that. (And those of everyone else who wants to chime in.)
The media industry, like several other industries in America, is never going to shed its yoke unless it is destroyed and rebuilt from the ground up. It’s the unfortunate truth. The destruction of the media giants would be very bad for individual creators in the short term and potentially the only way to actually regain control of their industry in the long term.
I say, let 'em burn. You can’t stop humans from making art, but we can stop working for Disney’s bottom line. But that’s easy for me to say as someone who doesn’t make their living from that.
Given our current economic system and supposing that you can’t change it for now, how would you support a living for media creators (movies, shows, games, art, music, whatever)?
They don’t deserve support if they stand behind a company that waives off liability of a death because of a completely unrealted EULA.
so, media creators-the writers actors set designers camera people etc, they don’t get money for media. it’s just not a thing. the money you spend on a movie does not go to the people who made it. sometimes books. sometimes book money goes to the people who wrote them, but that’s still pretty rare. like, as long as the most recent contract negotiations with WGA and SAG went on for, their leadership accepted deals that absolutely fuck them.
so I dunno how to help them make a living. I guess the same way I would if I were paying disney; live in hollywood and tip 50%.
I can afford it
so you can afford to have disney fucking murder your loved ones? dude, that’s a level of non-material wealth that I literally cannot comprehend, im fucking jealous.
you don’t discipline power with laws. has never worked, will never work. you discipline power with pitchforks and torches and communism. you discipline power with a guillotine, or in a coal mine. nothing else has ever worked.
Same’s true if you sell something on Etsy
The FTC has really gotten off their ass this year and I hope they take action against this arbitration clause bullshit because it needs to be illegal. Considering this is the second time this week I’ve heard about a cooperation doing this I can only assume it’s more common than we think. No fucking way a company should just be able to say “You can’t sue us if we violate your rights.”
I’ve been opting out of every single one, but some companies are assholes and make you send it in through a written letter (Meta) or worse, automatically accept it if you’ve even just used the app/site/product after they send an email to you regarding changes. The fact that massive corporations also say all matters must be resolved in small claims court and with mandatory arbitration with the company’s arbitrator is incredibly illegal sounding. Fuck you AT&T. They were the company who fought for revoking arbitration rights in contracts. The Supreme Court decided it was legal.
doing a hell of a lot worse than suing them needs to be normalized.
not just agents and property of corporations who piss you off, but their executives, and any corporate lawyer or judge.
edit: to remind them why they try to gaslight us with the courts. if you care about the law, break it. if you don’t, also break it.
