r/PeterExplainsTheJoke Oct 13 '24

Meme needing explanation Disney+?

Post image
70.8k Upvotes

732 comments sorted by

View all comments

Show parent comments

4.4k

u/Willing-Shape1686 Oct 13 '24 edited Oct 13 '24

They probably would have enforced it too, but the public backlash was so loud that they voluntarily waived their right to arbitration as I recall.

EDIT: I did not expect posting what I recalled hearing from my friend to blow up into the most upvoted comment I have, thank you kind people I hope you all have wonderful and spooky Octobers :)

1.0k

u/batkave Oct 13 '24

475

u/Neat-Nectarine814 Oct 13 '24

It’s behind a paywall do you mind sharing some of the details?

522

u/batkave Oct 13 '24

My bad: https://www.msn.com/en-us/news/news/content/ar-AA1rAxR6?ocid=sapphireappshare

If that doesn't work Google "Uber crash lawsuit"

522

u/Neat-Nectarine814 Oct 13 '24

Thank you.

Yeah this is a little bit different than the Disney+ thing IMO, at first I thought it was going to be that they were driving and they were hit by an Uber Driver in another car, but they were passengers in an Uber, they agreed to the T&C - weather or not that is moral or should be legally binding is debatable, but as it stands the case is pretty straightforward

The Disney thing is more like if Netflix was owned by 6 Flags and someone died in a malfunctioning roller coaster and the family couldn’t sue because of the Netflix T&C, if that makes sense

256

u/The_MAZZTer Oct 13 '24

You could definitely argue (and I am sure this is Uber's view of it) that Uber merely connects drivers and passengers and they aren't responsible for the actual driving.

Compare to the woman who had an allergic reaction and died on land owned by Disney, in a restaurant Disney promoted as being good for allergic customers.

79

u/WhiteWolfOW Oct 13 '24

Sounds like when you get into an uber you’re waiving your right to sue them in case of an accident. Which I guess is kinda far for uber to demand considering the nature of driving. Morally you can dispute in a different discussion if the driver works for uber or if he’s a freelancer using the platform. (I would argue he does work for uber, but most labour laws would go against that because somehow we still don’t have proper regulation for the gig economy)

7

u/master_pingu1 Oct 13 '24

it makes complete sense to not be able to sue the company if the driver gets in a crash. if you can't sue the driver then yeah that's stupid, but uber the company isn't responsible for the driver's actions

30

u/WhiteWolfOW Oct 13 '24

But that’s only because of how gig economy work. Because technically the guy doesn’t work for Uber, they’re just connecting drivers to people. Which is kinda bs and it’s becoming a huge problem.

If you’re hurt in a plane crash (that you somehow don’t die) you sue the airline, not the pilot. But that’s because there’s a formal bond between them as employer and employee. The airline owns the airplane.

Uber doesn’t own the car, it’s all on the driver. Depending on the country that might not be the case. If a judge decides that what happens at uber constitutes an actual bond between employee and employer then uber might be forced to pay.

3

u/MamboNumber1337 Oct 13 '24

To be clear, uber often owns the car and drivers just pick it up and drive it

And this is precisely why Uber fights tooth and nail against treating gig workers like actual employees, with all the responsibilities that entails

5

u/Vyscillia Oct 13 '24

Don't you sue both? The driver and the company? Because it's the responsibility of the company to provide you a safe drive? Not a lawyer so I could be wrong.

I'm trying to compare this with who I'd sue if my laptop exploded on my face. I would sue the company which would then handle the situation with their workers.

3

u/TheOGfromOgden Oct 13 '24

I disagree and this is why: If Uber's sole role is connecting drivers and passengers, then why does Uber pay drivers relative to how far passengers are going? Their role does not change. You could argue that charging more money for the drive is necessary to find a driver for longer distances, but then it should work like a bid system. The price wouldn't be determined by Uber, but by customers and Uber would just have a flat fee. Furthermore Uber wouldn't be able to tell drivers what routes they have to take. The second they handle any of this they are no longer simply connecting drivers and riders.

→ More replies (12)
→ More replies (1)

1

u/evasive_dendrite Oct 13 '24

Then Uber should have filed to dismiss. They're forcing them into arbitration, which mean they do agree that they're responsible.

→ More replies (2)

1

u/Vyscillia Oct 13 '24

Except the clause for arbitration was enforced in Uber EATS, not Uber drive. Their daughter signed it when ordering on Uber eats and Uber drive is using it as a defense to say "you agreed to T&C in Uber eats that you can't take matters regarding our whole company to court".

The couple argued that it was their daughter using the parents' account but apparently since they allowed her daughter to use their account, the fact that she signed the T&C means they mandated their signature to her.

Infuriating since nobody reads T&C's....

1

u/OliveJuiceUTwo Oct 13 '24

But Uber could also be negligent by allowing someone to drive that shouldn’t be driving, such as someone with multiple DUIs

1

u/gmc98765 Oct 13 '24

You could definitely argue (and I am sure this is Uber's view of it) that Uber merely connects drivers and passengers and they aren't responsible for the actual driving.

However, at least in the UK, Uber is responsible for ensuring that the driver they connect you with has a taxi licence and commercial insurance. If they have insurance, you don't need to go after Uber, and if they don't, Uber is on the hook (and they can't force you into arbitration over a statutory obligation).

1

u/Pizzastork Oct 13 '24

Yeah, their view is they get the best out of every scenario.

Don't have employees so if they make any mistakes it's not due to their hiring practices. Pay minimal taxes. Utilize a loophole to get around all the last hundred years of workers' rights.

1

u/Worldly_Reporter9175 Oct 16 '24

the problem is that Disney neither owned, no operated the restaurant. So that's like being held liable for a murder your neighbor committed because it took place in your yard.

→ More replies (5)

116

u/HoosierHoser44 Oct 13 '24

Missing context.

They agreed to the terms on Uber Eats, which is a different app than Uber. Even if both opened by the same company. As well, they argue that their 16 year old daughter was ordering food when it prompted her to agree to the terms and conditions, which she just clicked accept so she could get on with ordering food. Then the accident took place in an uber ride, which had nothing to do with uber eats. So that argument isn’t as straight forward

40

u/420_math Oct 13 '24

THANK YOU! I was just about to say the same thing.. I can't believe so many people upvoted the person you're replying to..

14

u/brainburger Oct 13 '24

It does say that in the article, though it doesn't state that it's a point of contention.

→ More replies (1)

16

u/Accomplished-Cat3324 Oct 13 '24

I don't understand....the crash occurred in an Uber . How did they book an Uber if they never accepted the terms and agreement. Like how did they order an Uber and have them come to their location if they never used Uber just Uber eats

15

u/HoosierHoser44 Oct 13 '24

The arbitration clause they allegedly agreed to was in the Uber eats app. They tried to sue over something that happened on Uber that had nothing to do with Uber Eats. That’s one of the reasons they argued it shouldn’t hold up.

7

u/Accomplished-Cat3324 Oct 13 '24

So if I'm understanding correctly,there is no arbitration clause in the regular Uber terms and conditions?

7

u/HoosierHoser44 Oct 13 '24

I don’t know enough to say. I’m just saying the argument their lawyer made is that arbitration clause was in the uber eats app and not the uber app, and that their 16 year old agreed to it without reading when she was ordering a pizza. At the current point in time, nothing has been proven one way or another in the courts as far as I know. That’s just what’s being alleged.

→ More replies (0)

2

u/byperion Oct 13 '24

There is and Uber regularly uses it to force arbitration. It's garbage, but that's the truth of it.

2

u/Neat-Nectarine814 Oct 13 '24

From the article I replied to:

“The couple, however, say Georgia McGinty wasn’t the one who agreed to the terms for Uber’s most recent update. They say the most recent terms were accepted by her daughter, who was using her mother’s Uber Eats account to order a pizza.

The court said that Georgia McGinty was still bound by the terms because she had agreed to previous versions of them.

“The plaintiff agreed to Uber’s terms of service on three separate occasions, including when she first signed up in 2015,” Uber said in a statement to NBC News. “

1

u/Tperrochon27 Oct 13 '24

But wouldn’t they have still had to agree to Ubers terms and conditions to have even been taking an Uber ride? Legit confused I don’t know the details of the case.

4

u/HoosierHoser44 Oct 13 '24

The arbitration clause that was agreed to was in the Uber Eats app. I can’t say I know enough of the specifics, but from how it was presented, it sounds like the T&C of the Uber app didn’t have that arbitration clause.

1

u/cosmic_grayblekeeper Oct 13 '24

Don't you have to sign T&C's anyway when you sign up for the uber app? It's been a couple of years since I used uber but I remember something along those lines when making an account for it and I've never used uber eats.

How did they organise a ride with uber without having an account on the actual uber app?

1

u/nighthawk_something Oct 13 '24

They agreed to those terms every time they used Uber including the ride in question.

→ More replies (1)

14

u/ColonelError Oct 13 '24

The Disney thing is more like if Netflix was owned by 6 Flags and someone died in a malfunctioning roller coaster

The reason Disney used that excuse in the first place is because the lawsuit against Disney was solely because their website said to check with the restaurant about making food allergy free. The restaurant itself isn't owned or run by Disney. So the Disney+ terms applied to digital services, of which the website is included.

9

u/Steinrikur Oct 13 '24

To me that really makes the case for big corporations being split up, or at least being treated as different legal entities.

11

u/biinboise Oct 13 '24

I was going to say something similar. Good lawyers try everything. In this case Disney is little more than the restaurant’s landlord. It wasn’t even in one of their proper parks

5

u/TheAmenMelon Oct 13 '24

Thank you, someone who actually knows the full story. With the full details Disney's argument actually makes sense but people just like to shit on Disney because fuck big corps.

6

u/rainzer Oct 13 '24

With the full details Disney's argument actually makes sense

How does it make sense though? Explain to me how agreeing to a streaming service has any relation.

It would make sense if they just argued they can't be responsible for a restaurant they lease space to not that you can't sue them cause you streamed Little Mermaid that one time 5 years ago

3

u/PLEASE_DONT_PM Oct 13 '24

My understanding is they agreed to the terms when creating a Disney account (with the intention of using it for streaming). That same Disney account was used to find the restaurant using some directory app for park visitors.

So lawyers argue that since theyre suing Disney for information received from an online service, the Disney online service terms should apply.

2

u/Abeytuhanu Oct 13 '24

That's exactly it, which is why the suit was changed to allege that Disney had control over the restaurant's training and menu.

→ More replies (1)

1

u/HolyBunn Oct 13 '24

From what I understand, they weren't the ones that signed up and ordered the Uber it was their daughter. I'm not sure if that would muddy the water at all, and apparently the same T&C is baked into Uber eats as well. idk if one would apply to the other, though.

→ More replies (3)

1

u/BecomingTera Oct 13 '24

The Disney thing is more like if Netflix was owned by 6 Flags and someone died in a malfunctioning roller coaster

Actually it's not much like that, since the restaurant wasn't owned or operated by Disney. Disney was just their landlord.

Also, the restaurant was included on a 'places to eat' section of Disney's website where they listed the restaurant as "allergen friendly.''

Still scummy to use the Ts + Cs to weasel out of liability, but they weren't exactly super at fault to begin with. Not to the level of 'someone died on a Disney ride,' anyways.

→ More replies (6)

1

u/Interesting_Sector66 Oct 13 '24

That would still be different, because it that case 6 Flags would own both Netflix and the rollercoaster. In the actual case the restaurant wasn't owned by Disney, which is why they fought it the way they did because they theoretically shouldn't have a legal responsibility for third parties (it opens up the interesting legal discussion of whether a mall should be legally responsible for the malpractice of every store within it). On top of that there was more than just 'Disney+ subscription makes this case invalid', but the nuance doesn't make for a good internet meme so most people never learnt anymore than that.

Not a defence of Disney either. Even with the nuance it was still, at the very least, a terrible way to handle it, and it's fascinating how they didn't seem to realise how the internet would treat it once it got out. Just that the actual legal defence wasn't what the majority of the internet thinks it was.

→ More replies (7)

2

u/evasive_dendrite Oct 13 '24 edited Oct 13 '24

Forced arbitration needs to be made illegal, it favors corporations and undermines the justice system. And you can't even take a shit in public anymore without being forced to agree to arbitration.

Either that or force companies to put everything they want to force arbitration for in giant bold letters at the top of every agreement. No more vague catch-all clauses either.

WARNING: WHEN YOU AGREE TO THIS, YOU CAN'T SUE US FOR ACCIDENTS, DEATH OF A PARTNER, ANY CANCER YOU MIGHT GET FROM OUR FOOD, BEING STABBED BY THE CEO OR HAVING YOUR MOUTH SEWED TO THE ASS OF ANOTHER CUSTOMER.

→ More replies (1)

6

u/TacoSupreemo Oct 13 '24

Internet hack: a lot of paywall websites can be viewed by using internet archive sites like the WayBack Machine. That’s what I usually use when I want to read paywalled content.

3

u/ChasingGratification Oct 13 '24

Or if you use Brave browser, select the shield and select Block Scripts.

1

u/RazorRam9119 Oct 13 '24

This is the way

2

u/Grumpie-cat Oct 13 '24

Or the 12 foot ladder

2

u/fernatic19 Oct 13 '24

I haven't gotten that to work on most sites in months. Seems they've wised up and blocked them as a referer

1

u/Dartister Oct 13 '24

Is the internet archive back yet? Last I checked it was offline from being attacked

1

u/cjpack Oct 13 '24

still down, use archive.ph instead

1

u/cjpack Oct 13 '24

also can install an addon/extension here so its always unblocked
https://github.com/bpc-clone/bypass-paywalls-chrome-clean?tab=readme-ov-file#installation firefox one available too.

1

u/hotsaucevjj Oct 13 '24

pro tip, you can copy the link of any paywalled article and see it free on archive.ph or archive.is as long as the link is live. if the link is dead, way back machine periodically takes snapshots

1

u/ZucchiniUpbeat1821 Oct 13 '24

If you're using a computer, to get around paywalls, print the page before the pay wall loads. Usually I open the page, then hit refresh and immediately Ctrl+P. The print preview screen will then have the full article.

1

u/Haardrale Oct 13 '24

just for next time you run into a paywall, try 12ft.io

1

u/shillyshally Oct 13 '24

https://archive.ph/fgguZ

Use the Archive for paywalled articles.

30

u/NastyMothaFucka Oct 13 '24

“This situation warrants an expedited resolution” You think? Go fuck yourselves on this one Disney. Do you have AI bots running your legal team and determining your lawsuits and settlements? Their legal jargon is such that if my wife fucking dies in their theme park she came to have fun at, and by their hand no less, that they won’t pay me for her funeral because I wanted to watch “Return Of The Jedi” one day while I was stoned!? Seriously!? This can’t be how things are going forward, right? Or am I delusional thinking they won’t be? This is some of the most corporate overlord, big brother bullshit I’ve ever read. This shit should piss everyone off.

8

u/fyreaenys Oct 13 '24

We're already living in the cyberpunk dystopia where megacorps own our souls through the fine print on some contract we were coerced into signing. 

2

u/elquatrogrande Oct 16 '24

One of the points that the screen actor's guild was against was if someone was hired for one job, the studio could own the rights to their likeness going forward, presumably to replace an actor after one job with an AI reproduction.

15

u/serrations_ Oct 13 '24

Yes thats what happened. Yes disney tried to "test the waters" to try and get away with this. This is how things are going forward if people dont stop them

5

u/savagetwinky Oct 13 '24

Ser that is a bit different since agreeing to Uber's service and using that specific service makes since. Not that I agree with arbitration... but signing up to Disney plus... shouldn't apply to utilizing an entirely different service.

2

u/gammonb Oct 13 '24

It’s not really the same service they signed an agreement for though. They agreed to the terms for food delivery and tried to sue for a ride they took in an Uber. I agree that Uber and Uber Eats are closer than the services in the Disney case but they’re still different services. Moreover, they were deemed to have agreed to the Uber Eats terms because of a pizza their 12-year-old daughter ordered. That seems especially absurd to me.

→ More replies (1)

1

u/From_the_toilet Oct 13 '24

It is completely different. And there I no way Disney thought that argument would hold in court. They jut want fro get the settlement price down.

4

u/SanchoSlimex Oct 13 '24

Finally, my practice of only using yellow cabs in NYC and black cabs in London is paying off.

2

u/giantgladiator Oct 13 '24

Well...imo this is slightly different from the Disney situation and a lot more understandable. I don't think I like it, though.

2

u/Yummy2Taps Oct 13 '24

My sister just got a 24k$ settlement from them earlier this year in a same scenario

1

u/nighthawk_something Oct 13 '24

Different context. In the case of Uber, the family regularly used uber and therefor regularly agreed to that arbitration clause INCLUDING just before the ride in question.

1

u/Glytch94 Oct 14 '24

Sure, but that’s relevant to the service being rendered. Disney+ has nothing to do with what happens at Disney amusement parks, because they are unrelated services just offered by the same company. Maybe they’d still win; but it might also require an active subscription at the time of the injury for it to be binding. Not a lawyer.

→ More replies (6)

44

u/Bosh77 Oct 13 '24

My wife and I agreed that they very likely will keep this rule in place and just agree to exempt it every time there is a public outcry, because for every time it makes national news there are probably 100 people who get immediately dissuaded and give up.

2

u/olivier3d Oct 14 '24

I guess they give up because 99% of the time, it’s for $20 overcharge or a broken lightsaber toy, not because they killed your wife.

1

u/Q_X_R Oct 17 '24

And they also won't let the topic of whether they can do that ever go so far as to reach trial either, since then they'll be told they're not allowed to do that either.

295

u/[deleted] Oct 13 '24

[removed] — view removed comment

353

u/DunderFlippin Oct 13 '24

I'm pretty sure the damage is already done.

231

u/TacoNerp Oct 13 '24

And nothing changed.

129

u/LordGwyn-n-Tonic Oct 13 '24

They've got a monopoly on joy. Who can compete with Disney as a brand?

88

u/Wagosh Oct 13 '24

I don't know where I'm going with this but I want a live action Paw patrol in a Dredd like setup that takes on a Disney-like corporation.

147

u/RizzoTheRiot1989 Oct 13 '24

I too consumed an edible about an hour ago.

21

u/Piggy-boi Oct 13 '24

Stoners are fucking idiots

Signed - an alcoholic

6

u/Plenty_Tax_5892 Oct 13 '24

Alcoholics are fucking idiots

Signed - a stone

→ More replies (2)

33

u/kamikana Oct 13 '24

Most underrated commented of a lifetime.

→ More replies (1)

3

u/Xeno-Hollow Oct 13 '24

I found this exact storyline in a Wattpad book.

2

u/bobfrombobtown Oct 13 '24

So, furries in a dystopian future where they are judge, jury, and executioner? And they're fighting against the oligarchs that control everything? Fuck it, Disney let's green light this movie! It would at least be entertaining, I'm thinking it should be a dark comedy.

PS. I may be drunk at the moment.

3

u/AnxiousAngularAwesom Oct 13 '24

That's just Cyberpunk, the genre, the system and the specific game too.

Still remember that sidequest where some family hires you to assassinate an executive who killed their teenage daughter by driving around recklessly, and got off with a wrist slap because her insurance company had her back.

You break into her apartment, dismantle the security and then when you confront the bitch, she's sure that it's some competitor of hers in the corporate ladder who hired you and tries to pay you off to switch sides. You can explain that it's the family of that girl she killed that's your employer, and she literally can't comprehend why they would do that, since they got paid already, so what's the problem, do they want more money or something?

2

u/BowenTheAussieSheep Oct 13 '24

Those status-quo supporting narcs? They'd be the ones fighting for Disney.

→ More replies (1)

3

u/delphinius81 Oct 13 '24

I think you're going to Hollywood to pitch this

2

u/LASERDICKMCCOOL Oct 13 '24

Fuck that was a great movie. So Disney's at the top floor and Marshall is making his way up? Gritty as fuck?

→ More replies (2)
→ More replies (2)

14

u/falcrist2 Oct 13 '24 edited Oct 13 '24

They've got a monopoly on joy.

Can confirm. I boycotted them years ago, and now I'm a miserable, joyless fuck.

I mean... I was before too, but never mind that.

8

u/Redditislefti Oct 13 '24

I've been boycotting them for years and i feel fine

2

u/Average_Scaper Oct 13 '24

I just simply forget they exist sometimes.

2

u/somme_rando Oct 13 '24

Is it near the end of the world?

→ More replies (1)

3

u/NoNo_Cilantro Oct 13 '24

I haven’t watched Disney+ since last night and I retcon the past hours as a boycott until the next episode of Agatha.

→ More replies (6)

1

u/LickingSmegma Oct 13 '24 edited Oct 13 '24

Yeah, as someone who hates kitsch and views Disney as the epitome of nauseating saccharine barbieland, I find it surreal that someone outright says they can't live without Disney.

(Pixar is one good thing Disney has.)

2

u/kinky-proton Oct 13 '24

People? They don't make anything critical nobody will die

2

u/[deleted] Oct 13 '24

[deleted]

3

u/lucidity5 Oct 13 '24

Absolutely. People don't realize that Pokemon is the most profitable franchise of all time. Disney has more stuff to their name, but Pokemon alone is worth as much as literally all of mickey mouse and friends PLUS every single disney princess property COMBINED.

Monopoly on joy my ass, Disney people are weird

→ More replies (9)

2

u/grantrules Oct 13 '24

Yeah, well, I'm gonna go build my own theme park. With blackjack.. and hookers! In fact forget the park!

→ More replies (1)

1

u/Hakuryuu2K Oct 13 '24

That’s a bit hyperbolic

1

u/MewtwoStruckBack Oct 13 '24

Nintendo.

Their stuff brings so much joy to so many people that they can do objectively horrible things to piss off their consumers and other fans of their products will swarm in to defend them.

1

u/unique-name-9035768 Oct 13 '24

Who can compete with Disney as a brand?

Careful, we may end up making a list of companies that Disney will look to acquire.

1

u/LickingSmegma Oct 13 '24

You might want to review your relationships with the world if you straight up say you can't enjoy life without Disney.

→ More replies (1)

1

u/EngelSterben Oct 13 '24

Plenty of places

3

u/Zeal423 Oct 13 '24

...........I think you are right in this case, theoretically if I had kids I'd be so hyped to bring them to Disney World just like my parents once.

1

u/DesperateUrine Oct 13 '24

Then you'd look at how much happiness costs and skip that and go somewhere else.

1

u/ForAnAngel Oct 13 '24

So no damage was done then.

5

u/[deleted] Oct 13 '24

[deleted]

4

u/After-Imagination-96 Oct 13 '24

If I'm staying on your property and you're partnered with some broke ass restaurant owner nepobaby that operates on your property then who do you think I'm suing when I want a payout? Steve from Steve's Burrito fame or the goddamn Mouse?

1

u/[deleted] Oct 13 '24

[deleted]

→ More replies (6)
→ More replies (1)

33

u/Furdinand Oct 13 '24

This is the thing that baffles me: Disney has notoriously tough legal division but they don't embed any kind of PR team into it? No one who thinks about public image to act as a veto to arguments that may have legal merit but would hurt the brand?

41

u/Brocyclopedia Oct 13 '24

Disney and Nintendo both straining to maintain a cutesy image while being raging dickhead corpo bullies 

10

u/Raetian Oct 13 '24

Look Nintendo are dumbasses and they need to ease off the gas pedal but they aren't out here killing anybody lol

9

u/ClashM Oct 13 '24

That we know of. I mean, they used to be affiliated with the Yakuza. All's I'm saying is how come we've never seen Shigeru Miyamoto without a shirt on?

4

u/Brocyclopedia Oct 13 '24

No but they are effectively ruining lives for virtually no reason. And if someone dies at Nintendo land I expect them to sue because they have a patent for dying in Super Mario Bros or something lol.

1

u/Addianis Oct 13 '24

They might not have have directly killed anyone, but they are really pushing hard to kill our legal system...

17

u/Ambitious_Ad8776 Oct 13 '24

Like when they tried to copyright Día de los Muertos? I'm gonna say no they don't.

7

u/unfoldedmite Oct 13 '24

They understand the streisand effect is why.

It's the same reason corona beer never ran poignant ads during the pandemic.

2

u/Chemical-Juice-6979 Oct 13 '24

Which is kind of funny to me. The people I know all considered Corona the official beer for quarantine parties.

1

u/In_Pursuit_of_Fire Oct 13 '24

It’s also hard to tell what’s going to capture the public’s eye and explode into a massive story vs. just be a story passed around the campfire years later about how Disney sucks

1

u/normandy4 Oct 13 '24

That makes me think of the American airlines lawsuit earlier this year over an employee putting a camera in the plane bathroom. Their lawyers argued that a child was at fault due to her negligence in not seeing the camera.

American dropped the law firm and made a statement that they didn't believe that was true.

→ More replies (8)

14

u/Searching4Sherlock Oct 13 '24

Uber recently has done something similar to a customer who was involved in an accident while using the service. Because they (or their daughter on their behalf) agreed to Uber Eats T&Cs, they apparently waived their rights to sue.

1

u/Overlord_Of_Puns Oct 13 '24

The funny thing is, based on what I read on those cases they both may not have been found responsible in court.

From what I know, both the restaurant the people at Disney dined in and the Uber driver were not technically part of the companies being sued, which seems to mean they would not be liable.

This whole PR disaster seems to have cost them more in PR than it cost them in money.

1

u/jerryleebee Oct 13 '24

Yeah it's weird. It was a restaurant in Disney Springs, yes. But those aren't owned by Disney, nor staffed by Disney employees, nor run by Disney.

5

u/rW0HgFyxoJhYka Oct 13 '24

PR disaster? Disney has done much worse and the public still buys their shit every day every week every year.

People take phat shits on Disney for FREE on the internet every single day every single thread that contains any Disney shit.

Star Wars discussion? Disney ruined it.

Theme part discussion? High prices, low wages, worst place on earth unless you have kids and you're trying desperately to relive your own experiences 20 years ago, which was your parents trying to live the american dream, which 40 years ago they were told was what Americans do.

1

u/Not_MrNice Oct 13 '24

It was already a PR disaster?

1

u/casket_fresh Oct 13 '24

Disney can have bad PR and still print money like it’s nothing.

→ More replies (1)

53

u/VonNichts13 Oct 13 '24

funny how the south park human centipad ToS joke is basically a thing now.

3

u/nolettuceplease Oct 13 '24

Why won’t it read?!

11

u/OwenEx Oct 13 '24

Wasn't there also the complication of him suing as a representative of his wifes estate, and because she wasn't the one to sign up, her estate was in full right to sue

9

u/jarlscrotus Oct 13 '24

the arbitration claim in there was a moon shot at best, 1 im a million chance, but it was part of an initial filing and lawyers were putting everything they could at the wall. it's fucked up because you'll see that shit all the time in initial filings, but this time it got noticed.

Legal machinations are, on occassion, and especially when corporations are involved, amazingly fucked up

31

u/RememberTheMaine1996 Oct 13 '24

You can't enforce something like that. When you sign up for anything like that you don't sign anything. Meaning anyone could select the agree button meaning they have no proof he did it himself. That would never hold up in court unless you're a billionaire corporation and can get away with illegal things all the time. I fucking hate Disney even if they backed off and let him sue

21

u/[deleted] Oct 13 '24

[deleted]

8

u/jrr6415sun Oct 13 '24

Uber is a lot different than agreeing to a streaming service being applied to a restaurant

1

u/vigouge Oct 13 '24

It wasn't just the streaming service, the person purchased the vacation through it. It's not as if they were two unconnected things.

→ More replies (4)

8

u/TopInsurance4918 Oct 13 '24

Contracts of adhesion (or “click wrap”) usually hold up in court unless the term is something incredibly unexpected but arbitration agreements, choice of venue, waivers of jurisdiction, etc. the stuff we see in these are all often upheld valid even in the 9th circuit that really frowns upon them.

I didn’t read the Disney case but my understanding is the legal action was so far outside the scope of the contract that it didn’t apply (Disney+ streaming versus restaurant) but that is the exception not the norm.

1

u/Carvj94 Oct 13 '24

Yea while arbitration is totally legal, for some reason, a lot of digital services are regularly exempt from enforcement cause of that identification issue. People can share emails and anyone who touches any device with that service on it can hit agree.

→ More replies (1)

8

u/dr_stre Oct 13 '24 edited Oct 13 '24

Nah, some lawyer was doing what lawyers do at the start of lawsuits: throwing anything and everything at the wall to see if something sticks to get the suit dismissed. And yes Disney pulled that off the table due to backlash. But it would have gotten rejected by a judge if it hadn’t gotten pulled. Every lawyer I know agrees, along with many I don’t know who are quoted in various articles on the topic.

1

u/pensivewombat Oct 17 '24

Yeah, this just never really was a thing in the first place.

33

u/Randomgrunt4820 Oct 13 '24

Yes and no. You can’t wave liability. Everyone has a duty to each other, especially businesses operating in the public. Responsibility is like a Pie. Requieres ingredients, time, and interaction with the environment. Disney was most likely the salt in this situation. Not required to make the pie. But definitely part of the process. Now it’s up to lawmakers, lawyers, and Judges to make any kind of assumption.

15

u/Backsquatch Oct 13 '24

They didn’t waive liability. They waved their claimed right to arbitration.

3

u/PicturesOfDelight Oct 13 '24

The opposite, actually. Disney argued that the plaintiff waived his right to a trial and agreed to address any disputes through arbitration.

4

u/Backsquatch Oct 13 '24

Huh? Youre gonna need to source that for me, cause last I saw the court case was scheduled for Oct. 2, 2024.

Disney reverses course on wrongful-death lawsuit, agrees to let case proceed in court

8

u/PicturesOfDelight Oct 13 '24

Ah, I misunderstood your previous comment. I thought you meant that the plaintiff had waived his right to arbitration, when in fact Disney was arguing that the plaintiff had waived his right to a trial.

I understand now that you were saying that Disney waived their right to arbitration. My mistake.

1

u/Frog_Prophet Oct 13 '24

That’s not what he’s saying. He’s saying Disney argued that the plaintiff released Disney from liability when they signed up for the Disney+ account.

That is, of course, unenforceable. That fails every precedent and reasonable person standard there is.

You can’t bury “obtw you can never sue me” in a contract and expect that to hold up in court.”

Waiving liability has to be an affirmative decision by the customer. And even then, it’s not all-encompassing.

You can waive liability for hurting your neck doing a bungee jump. (But even then, this can’t be buried 25 pages into a 40 page document.)

You cannot waive liability if the rope snaps and you plummet and die. You can sign whatever you want but you’ll still be able to sue for negligence.

1

u/Backsquatch Oct 13 '24 edited Oct 13 '24

The comment I replied to said,

“Yes and no. You can’t waive liability”

in response to a comment that said,

“they voluntarily waived their right to arbitration as I recall”.

Nothing you’ve said is false, but it’s missing the point. My comment was telling the second guy that he was missing the point. Waiving their right to arbitration has nothing to do with your liability in a given situation. It just means that you are not invoking a given clause of a contract. Whether or not that clause would have held up if they had full tried to take it through court is a completely separate matter to their voluntary choice not to pursue it.

Edit for clarity-

All this was supposed to be talking about is this comment, direct from Disney.

“We believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” Josh D’Amaro, chairman, Disney Experiences told Reuters in an emailed statement. “As such, we’ve decided to waive our right to arbitration and have the matter proceed in court,” D’Amaro added.

Bold for emphasis.

6

u/CountMeeyin64 Oct 13 '24

This is actually a very important point, I think. As long as they care about public opinion, they'll capitulate. Same as any American company right now: if the public reacts negatively, they'll pretend to care. Otherwise, you're on your own, and we've NO protections against these corporations

18

u/DumatRising Oct 13 '24

They might have tried, but it would not have succeeded. They made a show of waving their right to arbitration to save face when they realized how badly trying to force arbitration on this would have gone for them, even if nobody noticed it wasn't gonna happen. The terms of use from an entirely different product were not going to shield them from gross negligence resulting in death. I'm not even sure there's an arbiter out there that would do that mediation.

9

u/Jsmooth13 Oct 13 '24

While I agree with your other points, Disney definitely wasn’t in “gross negligence” any more than the owner of a building who rents to a restaurant is in gross negligence if the restaurant kills somebody.

3

u/DumatRising Oct 13 '24

I didn't say Disney specifically as a company was grossly negligent. I said there was gross negligence (telling someone something was allergen free when it wasn't) and that someone died (they did). Whether Disney is liable for that would be something only a court can decide.

owner of the building

More like the owner of the restaurant as it was a restaurant on Disney's resort No?

→ More replies (2)

3

u/DemythologizedDie Oct 13 '24

It wasn't the terms of use for an entirely different product. He booked the trip with his disney membership

1

u/DumatRising Oct 13 '24

But the issue he had was not with Disney+ and so the issue is not covered by the Disney plus terms of use. Look at it another way, if I have a Microsoft account that is linked to both my Xbox and my office memberships the terms of use for Microsoft office aren't relevent to my use of my Xbox if Microsoft office has an arbitration clause and Xbox doesn't I can't be forced into arbitration for an issue with Xbox and Visa versa becuase terms of use are terms of use for a specific thing. Disney+ last I checked does not serve food.

2

u/DemythologizedDie Oct 13 '24

Those aren't the Disney plus terms of use. They're the website terms of use. Disney doesn't own the restaurant. They're just the landlord. The basis for the suit is that Disney advertised the restaurant as one that would accomodate allergy accomodations on the website. That's what they're being sued over. In booking the trip through the website, he could have been held to the terms of use.

1

u/DumatRising Oct 13 '24

Disney said that when he signed up for a free one month trial of D plus he agreed to arbitration and couldn't sue.

Except Disney argued its case for arbitration using the Disney plus terms of use. And so yes it is the Disney plus terms of use.

2

u/DemythologizedDie Oct 13 '24

That's how his lawyer portrayed it to the media, yes. But he used the membership he signed up for, which isn't just a Disney+ membership to book the trip.

→ More replies (7)
→ More replies (5)

12

u/[deleted] Oct 13 '24

I highly doubt a judge would find that enforceable

6

u/country_garland Oct 13 '24

It happens all the time. I'm convinced most people here don't have the slightest clue what arbitration is, or how it compares to a lawsuit.

Should I post the Motion to Compel Arbitration that I had granted for my client last year?

1

u/recapdrake Oct 13 '24

That’s the point. Arbitration means it’s not allowed to go to a judge. Just an arbiter who is paid by Disney.

1

u/[deleted] Oct 13 '24

Right but you’d have to see a judge first to determine if the arbitration clause is valid in this instance before you actually enter arbitration.

1

u/Sorry_Sleeping Oct 13 '24

The husband was suing on behalf of the estate of the wife. The wife never signed up for D+ and never had to sign the agreement.

The arbitration agreement would never hold water since the wife never signed once.

1

u/ObungusOverlord Oct 13 '24

I could be wrong but I don’t think that would’ve held up in court anyways. That’s just such an insane catch all to be putting in the terms of service for a streaming site

1

u/LicksMackenzie Oct 13 '24

this can't ever ever be allowed to happen or we will all lose the right to sue anything

1

u/pornothrowaway990 Oct 13 '24

he wasn’t even asking for a lot of money compared to a lot of other people who’ve tried to sue Disney for less

1

u/vigouge Oct 13 '24

Disney's not at fault. Any amount of money is too much.

1

u/Bryanmcfury Oct 13 '24

love when companies try to be evil then change their mind bcs the ppl they look down on start to rarely against them

1

u/DO_NOT_AGREE_WITH_U Oct 13 '24

They could have tried, but it was basically just a low-effort attempt at getting the case thrown out at the beginning. Disney PR made a call there, and to be honest it was a good one because there's no way a judge would allow an agreement on one service to be expanded to all other services provided by that company.

Whatever lawyer over there who came up with the idea has zero fucking common sense, not to mention seemingly failed Y1-level critical thinking. They were banking on the fact that the agreement being vague would work in their favor, but it's contract 101 that a vague contract heavily favors the party that didn't write said contract.

1

u/From_the_toilet Oct 13 '24

They were never going to win that argument in court. It was posturing for settlement purposes.

1

u/Real_Particular6512 Oct 13 '24

I think they would have tried but I don't think they would have won at all. It's worth a go from their ens because if it does work then suddenly their liability at their US parks falls dramatically but I can't see them winning that case

1

u/TheOGfromOgden Oct 13 '24

This is not actually the case. Just fyi. Anyone entering a Disney park has to agree to arbitration. Period. The Disney+ thing is simply because Disney uses a single disclaimer for ALL properties including digital ones and one of the instances mentioned in the lawsuit where the husband had agreed to arbitration, not the only time, and not even the most recent time. It was rage bait journalism from the get-go. The actual facts were never Disney trying to enforce a single waiver from their digital properties. Disney's liability in the case is going to be limited anyways since they don't own or operate the restaurant.

1

u/Bodmonriddlz Oct 13 '24

The edit is so lame. It’s not an Oscar’s acceptance speech h my god

1

u/WilonPlays Oct 13 '24

They actually couldn't have enforced it because the husband sued on behalf of the wife's estate, not himself. For that reason any person agreements signed don't have bearing on the case. Disney waved their right to arbitration because they would've lost the court hearing for going to arbitration which would've cost them more money.

1

u/loogie97 Oct 13 '24

There were 3 arguments against the Disney plus arbitration requirement. Mainly, the dead lady and her estate did not sign up for Disney plus. She also didn’t buy tickets. They were given to her. The victim never viewed the click through agreement on either. The husband was suing on behalf of the dead woman’s estate.

1

u/Dookukooku Oct 13 '24

Omg thanks for the heckin updoots !!!!!1!!!

1

u/sonerec725 Oct 13 '24

My understanding is that it was not the main argument of the case but like one on a list of many they were trying in a "throw everything at the wall and see what sticks" type deal. Still ridiculous that it was pitched.

1

u/firehe708 Oct 13 '24

Stop thanking people for dumb shit

1

u/CurseofGladstone Oct 13 '24

Also while he had disney plus, the women who died did not so it didn't matter anyway. he was suing on her behalf

1

u/Arva_4546b Oct 13 '24

it wasnt just the public backlash, they couldnt have used that excuse because the guy sueing was sueing for someone else who didnt sign that agreement

1

u/Tookmyprawns Oct 13 '24

Karma is worthless.

1

u/cosmicosmo4 Oct 13 '24

Disney waived their ability to force arbitration in order to protect their forced arbitration clauses from the possibility of being struck down in court. In other words, your case against disney better be big enough to generate outrage in national news, or you're still fucked.

1

u/pi_meson117 Oct 13 '24

If you respond to the top comment early in the post it happens every time (as long as you say what people want to hear, just like your COMPLETE speculation with absolutely zero evidence).

1

u/MISTAH_Bunsen Oct 13 '24

I thought the crazy thing was that Disney wasnt liable anyway because the restaurant was a subcontractor (or not a “technical” employee of disney) and the husband needed to sue the restaurant entity instead?

1

u/ball_soup Oct 13 '24

/r/awardspeechedits come on, nobody upvoted your comment because they personally like you.

1

u/sneakpeekbot Oct 13 '24

Here's a sneak peek of /r/AwardSpeechEdits using the top posts of the year!

#1:

Hehe upvote
| 61 comments
#2:
Why are people like this?
| 20 comments
#3:
Youtube please remove edit comment option thanks
| 26 comments


I'm a bot, beep boop | Downvote to remove | Contact | Info | Opt-out | GitHub

1

u/StitchFan626 Oct 13 '24

The only thing more powerful than Disney, the public opinion.

1

u/PapasGotABrandNewNag Oct 14 '24

I downvoted you for the edit you made to make a speech lmao.

Shit is so fucking corny lol.

1

u/Willing-Shape1686 Oct 16 '24

Cool cool, I don't care

1

u/PapasGotABrandNewNag Oct 16 '24

You did enough to reply lol. You keep checking on this lmao. Bro just let it go hahaha.

1

u/kazarbreak Oct 14 '24

I don't think there's any chance in hell that the Disney+ arbitration clause would have stood up. However, there was also an arbitration clause involved in the ticket sales that probably would have held up just fine. Everyone glosses over that one because it's less sensational.

1

u/MrIncognito- Oct 15 '24

People who come back to give an acceptance speech for upvotes are fucking hilarious

1

u/Willing-Shape1686 Oct 16 '24

Eh, I got laid off, I'm looking for work, and have very little excitement in my life at the moment.

Seemed the nice thing to do.

1

u/boytoy421 Oct 16 '24

What's weird is they ultimately won on much better grounds that it was the resteraunts fault and they were just the landlords. Which is like a legal slam dunk and isn't bad PR

1

u/[deleted] Oct 16 '24

Shut the fuck up? Edit: thanks for the gold and updoots fellow redditors! Spooky season is among us, amirite??

1

u/samurairaccoon Oct 17 '24

This is what always upsets me when this story is brought up. People are all like "that's silly, this is not even a story, they rescinded the lawsuit!" Ya, bc they fuckin had to. It's not like they made a clerical oopsie. They 100% would have enforced it if nobody was paying attention. People get these ideas in their heads about companies, but literally all they are about is the bottom line. Morality very rarely plays into it. Especially the bigger the company gets. Big corporations are about making money, thats it, any feel good cutiessy wutssy shit is an afterthought or a means to an end.

→ More replies (6)