- cross-posted to:
- privacyguides@lemmy.one
cross-posted from: https://lemmy.dbzer0.com/post/17618684
Forced arbitration means any legal disputes you may have with Discord must be resolved through a single third party mediator, who 99% of the time is chosen by, and will rule in favor of, the corporation/Discord. This effectively removes all your legal rights as a consumer, because arbitration decisions are legally binding and non-appealable.
The new ToS goes into effect April 15th, 2024.
YOU CAN OPT OUT OF ARBITRATION. You must email arbitration-opt-out@discord.com BEFORE MAY 15TH (30 days after ToS effective date) with your username stating that you wish to opt out of the arbitration clause. Once May 15th passes you are bound to arbitration with Discord forever.
Opt-out before it’s too late.
frog 🐸 ( @frog@beehaw.org ) English101•3 months agoYeah, good luck enforcing that contract in any country that has a legal concept of “automatically unfair contract terms”.
the arbitration terms are explicitly stated to be US only. unfortunately the US is not a country with a functioning legal system
hydroptic ( @hydroptic@sopuli.xyz ) 54•3 months agoWhat are you talking about, the US has the best legal system money can buy
And009 ( @And009@lemmynsfw.com ) English7•3 months ago‘Money.exe’ not found. It may be corrupted or you don’t have administration right.
kellenoffdagrid❓️ ( @kellenoffdagrid@lemmy.sdf.org ) 5•3 months agoYou said it pal, not me ¯\_(ツ)_/¯
PatMustard ( @PatMustard@feddit.uk ) English5•3 months agoCan you include that in the title and description please? It’s a pretty important detail to leave out!
helenslunch ( @helenslunch@feddit.nl ) 48•3 months agoLOL at all these companies suddenly realizing they can just put “you can’t sue us” into their ToS.
FrostyPolicy ( @FrostyPolicy@suppo.fi ) 26•3 months agoAnother company wants to skip liability. https://odysee.com/@rossmanngroup:a/pixel-phones-come-w-forced-arbitration-a:9
noodlejetski ( @noodlejetski@lemm.ee ) 19•3 months agoI wonder how long until they inform us about a data breach.
Banzai51 ( @Banzai51@midwest.social ) English17•3 months agoA TOS isn’t legally binding.
jarfil ( @jarfil@beehaw.org ) 1•3 months agoThat’s false.
Any contract is legally binding… except for the parts that go against the law.
I’d suggest consulting a lawyer knowledgeable of your particular jurisdiction, before deciding which part may or may not be binding.
Venia Silente ( @veniasilente@lemm.ee ) English1•3 months agoAny contract is legally binding
Exactly. And a TOS is not a contract.
If you go to law definitions, contracts have a number of requirements to be such, of which to my knowledge a TOS fails two (Negotiability and Certainty).
jarfil ( @jarfil@beehaw.org ) 1•3 months agoIANAL, check with your local lawyer, but AFAIK…
ToS are a “generic contract”, where a single entity proposes the same contract to multiple parties.
Negotiability, or more precisely offer and acceptance, are achieved by the simple “take it or leave it”. The requirement is that there needs to be an option, it doesn’t need to be one to change parts of the document.
Certainty is usually achieved by adding a partial nullifying clause, so any ambiguous parts get automatically trimmed.
Venia Silente ( @veniasilente@lemm.ee ) English1•3 months agoNegotiability, or more precisely offer and acceptance, are achieved by the simple “take it or leave it”.
Maybe in the US, where that kind of this would honestly be expected. Here in more decent countries, Negotiability requires that both parties can exercise offer an acceptance to the contract. I consulted to our local digital ethics group about it and they are in accordance, at least to what pertains to my country.
Nora ( @crazyminner@lemmy.ml ) 15•3 months agoWe need a Federated FOSS Discord alternative built to work with the activity pub protocol.
BakedCatboy ( @BakedCatboy@lemmy.ml ) English12•3 months agoHas anybody made a matrix app that looks like a discord clone? That sounds easier since the federated rich text chat is already made, the current clients don’t really appeal to the discord crowd.
rnd ( @rnd@beehaw.org ) 11•3 months agoCinny is the closest to Discord in terms of UI, it even has a feature where you can show subspaces within a space as if they’re categories of a Discord server.
InFerNo ( @InFerNo@lemmy.ml ) 7•3 months agoWe welcome anyone back to IRC
flashgnash ( @flashgnash@lemm.ee ) 2•3 months agoIsn’t there already one? Thought that was what Revolt was
kib48 ( @kib48@lemm.ee ) English3•3 months agonot federated
flashgnash ( @flashgnash@lemm.ee ) 2•3 months agoIs open source though, federation can always come later
That said I’m not sure why they didn’t use matrix from the start
anlumo ( @anlumo@feddit.de ) English1•3 months agoFederation isn’t something that can be added later. This has to be part of the protocol from the start.
jarfil ( @jarfil@beehaw.org ) 2•3 months agoAnything “can” be added later… as for the effort required, that’s a separate matter.
I also wonder why they didn’t use Matrix from the start. Right now, with group chats, spaces, threads, and audio/video streaming, bridges, bots, etc. while allowing E2EE, Matrix already seems to be better than Discord.
flashgnash ( @flashgnash@lemm.ee ) 2•3 months agoI thought Lemmy started without federation?
anlumo ( @anlumo@feddit.de ) English3•3 months agoIt started as a Fediverse-based alternative to Reddit, so it was designed with federation in mind from the start.
jarfil ( @jarfil@beehaw.org ) 1•3 months agoSo… Lemmy? Mastodon?
Although I think Matrix is better suited for chat, just need a client with voice/video support.
flashgnash ( @flashgnash@lemm.ee ) 14•3 months agoDo I need to worry about this not being in the US? I’m wary of the way I word my opt out incase it causes me some issues down the line
Donut ( @Donut@leminal.space ) English22•3 months agoNo, this is for US only. Where corporations are permitted to abuse the market and the law (or lack thereof).
pezhore ( @pezhore@lemmy.ml ) 11•3 months agoHow are we supposed to opt out? By deleting our accounts?
Kuro ( @Kuro@lemm.ee ) English21•3 months agoYou must email arbitration-opt-out@discord.com BEFORE MAY 15TH (30 days after ToS effective date) with your username stating that you wish to opt out of the arbitration
Ashley ( @ashley@lemmy.ca ) 9•3 months agoIf you read the post, it says you can opt out by emailing your username to discord
sleepybisexual ( @sleepybisexual@beehaw.org ) 11•3 months agoThx for the reminder to get to deleting my discord accs
Truck_kun ( @Truck_kun@beehaw.org ) English8•3 months agoA few years ago, wasn’t there a company (maybe it was uber?) that was being overwhelmed by arbitration fee’s for a large number of arbitration cases? I forget the outcome, but it may be due to their agreement stipulating they would cover arbitration fees. Either way, forced arbitration needs to go.
umami_wasabi ( @umami_wasbi@lemmy.ml ) 5•3 months agoDoes that applies to accounts registered in the US but now I’m not physically lived in?