- cross-posted to:
- collapse@slrpnk.net
While this isn’t news about new technology, I thought it was an interesting look about how predatory EULAs can still hurt us even years later in seemingly unrelated ways
Some key excerpts:
After a doctor suffered a fatal allergic reaction at a Disney World restaurant, Disney is trying to get her widower’s wrongful death lawsuit tossed by pointing to the fine print of a Disney+ trial he signed up for years earlier.
Tangsuan was “highly allergic” to dairy and nuts, and they chose that particular restaurant in part because of its promises about accommodating patrons with food allergies, according to the lawsuit filed in a Florida circuit court.
They allegedly raised the issue upfront, inquired about the safety of specific menu items, had the server confirm with the chef that they could be made allergen-free and asked for confirmation “several more times” after that.
After about 45 minutes, Tangsuan “began having severe difficulty breathing and collapsed to the floor.”
“The medical examiner’s investigation determined that [Tangsuan’s] cause of death was as a result of anaphylaxis due to elevated levels of dairy and nut in her system,” according to the lawsuit.
He is seeking more than $50,000 in damages and trial by jury “on all issues so triable.”
In late May, Disney’s lawyers filed a motion asking the circuit court to order Piccolo to arbitrate the case — with them and a neutral third party in private, as opposed to publicly in court — and to pause the legal proceedings in the meantime.
The reason it says Piccolo must be compelled to arbitrate? A clause in the terms and conditions he signed off on when he created a Disney+ account for a month-long trial in 2019.
Disney says Piccolo agreed to similar language again when purchasing park tickets online in September 2023. Whether he actually read the fine print at any point, it adds, is “immaterial.”
“Piccolo ignores that he previously created a Disney account and agreed to arbitrate ‘all disputes’ against ‘The Walt Disney Company or its affiliates’ arising ‘in contract, tort, warranty, statute, regulation, or other legal or equitable basis,’” the motion reads, arguing the language is broad enough to cover Piccolo’s claims.
“There is simply no reading of the Disney+ Subscriber Agreement which would support the notion that Mr. Piccolo agreed to arbitrate claims arising from injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort which ultimately led to her death,” [Piccolo’s legal team] wrote in the 123-page filing.
They confirmed he did create a Disney+ account on his PlayStation in 2019, but he believes he canceled the subscription during the trial because he hasn’t found any charges associated with it after that point.
“In effect, WDPR is explicitly seeking to bar its 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury even if the case facts have nothing to with Disney+,” they wrote.
The court has scheduled a hearing on Disney’s motion for October 2.
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 without making any major decisions about the scope of EULAs themselves.
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
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.
But perhaps more importantly, they’d probably just not even take it up as an issue, and leave it up to the lower court unless the lower court gave an absolutely wild verdict.