Comment on Disney wants a wrongful death lawsuit thrown out because the plaintiff had Disney+
Gaywallet@beehaw.org 4 months agoI hope Disney’s claim gets thrown out because I worry about the precedent this could set for EULAs going forward.
I hope that it isn’t thrown out. I hope it goes to court, and the judge, in their ruling, outlines precisely why a EULA for Disney+ doesn’t apply here - reasons such as a single month of service not constituting an endless contract, a contract not being able to apply outside the bounds of the service regardless of the serving entity, perhaps even some comment on the scope of the EULA and what’s allowed in a legal contract (especially when it’s presented the way it is).
There is a massive opportunity for a judge, biased or not, to make it clear where the bounds of law, as it is currently written, apply and do not apply in this case.
Moah@lemmy.blahaj.zone 4 months ago
If it goes to court, it might get appealed all the way to the supreme court who will be only to happy to give more rights to corporations over people
Gaywallet@beehaw.org 4 months ago
As much as I despise the current court, I would not expect them to rule in that fashion because this isn’t an issue that’s politically charged. Gorsuch is very much a letter of the law boy, so he’d rule in favor of existing law and the idea of making law more explicit if there are areas which can’t be reasoned out. Jackson, Kagan, and Sotomayor are all pro consumer rights, so they’d vote against EULA applying super broadly. My guess is Roberts would also vote in favor of consumer protection given his track record. Thomas could probably be bought off, but IDK if Disney would want to be associated with buying him off. Then again Thomas is against regulation in general so he might be fine with EULA of any scope. Barrett studied under Scalia, so she’ll probably be against because Disney is too woke. Kavanaugh tends to lean team Gorsuch when it comes to word of the law so long as it doesn’t violate his conservative principles so my guess is he’d also be against. It could be a 8-1 against Disney with those numbers.