That was something Disney Lawyers claimed, but was never actually agreed/enforced.
Disney backed down. They still believe they have that right, and no court has ever said they didn’t, but the bad publicity was too much for them in this case. They’ll wait until there’s a case that doesn’t get that kind of publicity before they try to establish that precedent.
The fact the family can’t sue. They absolutely can (edit: in my opinion).
Disney Lawyers believe they can’t ( edit: in their opinion). But wether or not they can is up to a judge in this case. And not up to Disney.
So saying they can’t is false until there is actual clarity.
many “normal” EULA’s aren’t really binding, if you get down to it.
Also. Relevant XKCD
Tell that to the people who just got denied the ability to sue over an Uber crash because their daughter agreed to the Uber eats eula
Technically that’s still on appeal, and tbh I do expect it to get overturned somewhere.
Or the family of the person who died at Disney and can’t sue because they did a free trial of Disney+
That was something Disney Lawyers claimed, but was never actually agreed/enforced.
So it doesn’t actually hold any weight until a court actually rules on it.
Disney backed down. They still believe they have that right, and no court has ever said they didn’t, but the bad publicity was too much for them in this case. They’ll wait until there’s a case that doesn’t get that kind of publicity before they try to establish that precedent.
They can believe all they want. Unless it’s ruled and a precedent is set, the statement is false.
I hope people stop believing they have that kind of power, but decide not to do it from the goodness of their heart or bad publicity.
I should hope the actual law still has more relevance than a ToS.
They believe that the users agreed to a contract that specifies that in any dealings with Disney they’ve agreed to binding arbitration.
What’s the “false statement” there?
The fact the family can’t sue. They absolutely can (edit: in my opinion). Disney Lawyers believe they can’t ( edit: in their opinion). But wether or not they can is up to a judge in this case. And not up to Disney.
So saying they can’t is false until there is actual clarity.
Edit: that is my opinion of course
Disney waved their right to arbitration after backlash. Uber might just do the same, or get sued by the government for the EULA itself.
https://www.thestreet.com/media/disney-waives-right-to-arbitration-wrongful-death-lawsuit