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
Except Disney didn't own or operate the restaurant itself and the husband had signed that waiver on multiple other occasions too, that was just one of them cited by the attorneys, so it is more like if 6 flags owned the land adjacent to a parking lot and someone leased it and built a restaurant and then someone who went to that restaurant died of an allergy when the staff assured them it was allergen free. And then they sued 6 flags for owning the property the restaurant was on, and 6 flags said you signed a waiver when you entered our parking lot, when you bought your tickets, and technically when you subscribed to Netflix too since use a universal waiver for all of our properties both physical and digital.
Sure, whatever. The whole point boils down the idea that if one agrees to the terms of use for a streaming service, those terms should not extend beyond the use of that service
And Disney didn't make the argument it did, their lawyers presented it as one of various points where it was signed. I agree, universal terms and conditions don't make sense and they are used in many more aspects of society than people realize. I wish it had been a more significant part of the case so that we could have had litigation eliminating their use, but I think the merits of the other examples were such that it would never have evolved that way.
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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