231 points
*

The reputational damage that team of lawyers did to the company massively outweighs the cost of a settlement. I personally will never do business with a company who thinks the EULA or TOS of one service indemnifies them from egregious negligence in a completely different line of business. This was simply beyond the pale.

Edit to note: Despite the title, they aren’t actually reversing course, they still claim they have the right to force arbitration, they are just choosing to waive it in this instance. If you do business with Disney, you are a fool.

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43 points

Of course they are just waving it. It is too powerful a tool for future issues to give away. But obviously it is morally completely disgusting and corrupt.

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39 points

We need laws banning forced arbitration

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2 points

When this happens again the outrage will be less, and they will be more willing to dunk on these people. Can you imagine your close family or friends killed and a ToS blocking justice for the killers?

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13 points

Most people won’t have heard of this. But even if they did, it’s Disney. They own so much media that even if you did avoid everything Disney-branded, you might still find yourself watching something from Marvel movies, National Geographic Partners, Pixar, Lucasfilm, FX, ABC news, ESPN, Hulu… I can go on: https://en.wikipedia.org/wiki/List_of_assets_owned_by_the_Walt_Disney_Company

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4 points

Probably can’t avoid everything Disney, but I will try avoiding situations where they could physically harm me or my family.

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3 points

So, life goes on as usual

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150 points

"As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”

Notice they still claim arbitration is their right, that the streaming agreement is still valid, but would rather appease the masses to mitigate bad publicity.

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91 points

They also don’t want to test the legality of forced arbitration on something like this, where precedent against it might be set.

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30 points

Especially when the judge will have seen the outrage and likely be influenced by it.

I think you’re very right.

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8 points

That was my first thought… They initiated it for the precedent, they must have had reason to believe they wouldn’t get the ruling they wanted.

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5 points

If not this, then what are they waiting for to actually use this?

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19 points

The right case where there isn’t popular support for the plaintiff.

Bonus points if the case has more of a grey area such as the plaintiff agreed to the TOS while doing something similar with another business unit and closer in time to when the incident occurs.

I.E they sign the TOS for a Disney cruise and the incident happens a week later at the park.

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98 points

Disney states they “Waived their right to arbitration”. A weasely way of seeming to agree with the public sentiment, but actually avoiding having this ruled on right now so they can fine tune the language and try again later.

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75 points

Too fucking late

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27 points

Too fucking little

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11 points

Too fucking

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12 points

fuck

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42 points

When you see [Everyone Hated That] pop up after your last choice, and you panic and try to load a previous save, but the game remembers what you already did.

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6 points

hmm, that would be an interesting feature for a RPG game. Are there any games that have that feature? Like some anti savescumming?

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10 points

Pathologic 2. When you die it applies the consequences to all of your saves all you can’t go back and change it

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1 point

Oh, that’s a good point, I didn’t think of it this way. I felt that Pathologic 2 handled it pretty well, because the first time I died, I was confused at how it framed the consequences (instead of a straightforward “you died! Load earlier save?”, you get a conversation with an NPC that explains some of the consequences, albeit somewhat obtusely). The actual consequences of death felt surprisingly forgiving, given all I’ve heard about Pathologic (especially the first few deaths).

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7 points

The original animal crossing had something like that. If you turned off the console without saving, a mole named Resetti or something like that would rant at you about how you aren’t supposed to do that. The rant would get longer the more times you turned off the console without saving.

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2 points

DUHduh dun dun DUN

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6 points

Undertale had this. It allowed you to reload the older save and undo what you did, but it kept a second, hidden save file that you couldn’t easily erase.

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5 points

I understand that that annoying Undertale game did this.

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5 points

I agree. A little fourth wall breaking even to go with it. “You thought you could just reload? Sorry mate, some things can’t be so easily undone.”

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5 points

That would make an awesome Deadpool game LOL

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2 points

If executed well, the shock of a moment like that would be sublime.

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