Disney gives up on trying to use Disney Plus excuse to settle a wrongful death lawsuit
Disney gives up on trying to use Disney Plus excuse to settle a wrongful death lawsuit
It now says the case “warrants a sensitive approach.”
Disney tried to force the case into arbitration by citing the agreement on the widower’s Disney Plus trial account.
Disney has now agreed that a wrongful death lawsuit should be decided in court following backlash for initially arguing the case belonged in arbitration because the grieving widower had once signed up for a Disney Plus trial.
“With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” chairman of Disney experiences Josh D’Amaro said in a statement to The Verge. “As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”
Josh D’Amaro said in a statement to The Verge. “As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”
Sounds to me like they just want to keep that umbrella waiver in the Disney+ agreement rather than have that, rightly, struck down in court. They are very much still working under the assumption that a subscriber clicking "I Agree" to watch The Mandalorian waives any right to trial against any business unit of Disney Corp for any reason.
Absolutely despicable.
You agreed to Disneys TOS
Assassins from Disney licking their fingers because they can legally kill you /j
Its the dumbest death you can have in an amusement park, dying because the restaurant didnt labeled their allergies right and that the corporation tries to dismiss it because of an DIGITIAL contract that was made for a digital service.
But this is the bs that you got by applying law so freely.
An umbrella arbitration clause like this, if it were argued at court, surely would only be held up for cases related to Disney+. At least one would hope. Having such an agreement cover entirely separate arms of a company is ridiculous.
Yeah, imo they got worried that people would start asking government agencies to make legislation about things like this, so theyd rather backtrack now so they can keep it as part of their TOS.
There was a heavily implied “THIS TIME” at the end of that statement.
"We got caught by the public, and we want to keep this excuse possible in the future. So we're dropping it from now so the court doesn't set a legal precedent that will fuck us over."
I fucking hate Disney.
With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach
Yeah if they possessed sensitivity they would've never tried this. The only reason they changed their mind is public backlash which would've been obvious to foresee.
So they're myopic and insensitive. Also just cruel. It doesn't matter in the slightest if they could've gotten away with this. It's straight evil to try it.
I'd say actually the only reason they backed down is because they realized they were going to lose and didn't want to risk their arbitration clause getting struck down in a court.
This was exactly it.
They'll wait for a case they can win for sure and let court precedent destroy their customers following.
If the reversed happened, it would be a massive win for consumers. The mouse can't allow that.
Yeah, maybe. It definitely wasn't for a selfless reason
That made me so angry!
When this story first came up, an Ars Technica commenter explained that the only thing to do in this scenario is to grieve with the widow, and that it was a ludicrous fight to have. It's pretty bad for Disney to pretend like they agree with that viewpoint after already putting the widow through more distress.
we’ve decided to waive our right to arbitration
That's legalese for "We still think that we have that right, we will use it again".
That's legalese for "We still think that we have that right, we will use it again".
Or for "we don't want this to get invalidated in court - we need to save it so we can intimidate someone else in the future".
"Just when we have less heat on us and the news doesn't have everyone so riled up and hating us."
I think they realized that this is the kind of case that could affect arbitration laws if pushed up in appellate courts.
"We've decided" lol. Keep telling yourselves that
“Right to arbitration”
lol they still think they have the right to arbitration.
They could settle out of cout for an amount that they could earn back in under a week. Now they wanna go to court where they'll end up paying more. Get fucked Disney
we’ve decided to waive our right
"we are not wrong, fuck you"
I'm just confused how anyone thought this was a good idea to begin with. Surely the strong public backlash could have been easily anticipated.
Legal and PR are different departments.
Boycott Disney, the high seas exist if you need to get your fix
Some of us are old, confused and ignorant when it comes to that sort of (naughty) shenanigans. Is there a "piracy for dummies" somewhere?
Use a VPN device and use strem.io. Or if you want self hosted copies, get a VPN, download qbittorrent, and then hit up 1337x. If you want a free front end, you can setup Jellyfin on an old PC and direct it to your media.
Public wifi + deluge + 1337
Use at own risk
!piracy@lemmy.dbzer0.com is a good place to start. Check the megathread / FAQ
"unique circumstances" we got caught and too many people heard about it
Too. Late.
I don't advocate the high seas.
But man, a TOS like this makes me glad I didn't watch Andor via Disney+. I certainly don't feel bad about it now.
And to the Disney legalbot, I watched it via a friend, of course.
Jesus, this story made me feel so fucking gross. So fucking disgusting what they were trying to do.
A disney SWAT team kicked down my door and scream-asked me at gunpoint if I'd seen the Mandalorian.
I hear it's been happening a lot.
The guy lost his wife. Fuck Disney for trying this shit.
For a company that pushes so hard to have family friendly image, they had to pull this ridiculous stunt.
I wonder how these stupid attempts ever get pass these supposedly smart executives. You have to be pretty stupid to hold someone to a agreement that was over four years before. The idea that you are bound by a contract for a online service after you cancel it is absurd and downright stupid.
This kind of stuff is actually pretty common in lawsuits. You just throw everything at the wall, because sometimes something sticks. It looks heinous in the light of normal human behavior (and you can say they’re awful for not just settling the lawsuit and making the guy go through this), but once they’ve decided to fight it, you can’t really blame the lawyers for doing their jobs finding what they can to fight it with.
I can absolutely blame them for unethical behavior.
Some kind of legal basilisk where once it sees you, you no longer have any rights ever...
Disney: Guilty of murdering its resort guests as well as the entire Star Wars franchise.
I mean, I dunno about the entire star wars franchise. Bad Batch and Rebels were pretty great.
The franchise isn't what it was. A good show or movie doesn't mean they haven't ruined a premier franchise.
And Ahsoka. And Andor. And The Mandalorian.
Fuck Disney!
The Verge - News Source Context (Click to view Full Report)
Information for The Verge:
MBFC: Left-Center - Credibility: High - Factual Reporting: High - United States of America
Wikipedia about this sourceRemember that south park episode, The human cent-iPad. Yeah.
I was thinking about the simpsons were marge is reading the letter that says by reading it allowed you waive all rights in perpetuity or something.
For now ...
Honestly I assumed they were pushing this simply to drag out the proceedings. That would force the widower into a position where they couldn't afford to continue, ensuring they would take whatever NDA Disney offered for whatever amount.
I wonder how they concluded this "welp it was worth a try, good job team"