• MHanak@lemmy.world
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    3 months ago

    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:

    1. 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

    • JPAKx4@lemmy.blahaj.zone
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      3 months ago

      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.

      • MHanak@lemmy.world
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        3 months ago

        I am not saying that’s a good idea, but i know that for example discord’s arbitration clauze explicitly states that it works both ways, so it’s not impossible that disney’s does too

    • molave@reddthat.com
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      3 months ago

      That they have a specific exception for IP tells me all what they really think about their customers.

    • primrosepathspeedrun@lemmy.world
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      3 months ago

      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.

        • primrosepathspeedrun@lemmy.world
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          3 months ago

          right but it can’t protect the powerful without gaslighting you, because the direct use of violence for control is really really fucking inefficient, and the use of pure terror for control isn’t much better. you need to build the prison in your prisoners’ heads, y’know?