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Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

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Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

#21

I've seen maker-spaces where a billboard was set up that automatically displayed a rolling marquee of tweets that had been sent with #TheMakerSpacesHashtag in the shop. ... can't help but wonder if the space put themselves at risk for being sued over a copyright violation if someone didn't like their tweet on that billboard.

I would be more worried about an influx of pranks.

Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

#22
post #10

The tweet says “by sharing your message with us using #MayThe4th”. I wonder if they expect both the hashtag AND a mention of @disneyplus. Still weird though.

Well, what you quoted seems to suggest the use of that hashtag constitute "sharing".

Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

#23

I don't see this holding up - especially because it's ripe for abuse. What's to stop me from making a TOS for my own hashtag?

For it not to be held up, someone has to take Disney to court and win. Good luck with that. It's the whole single-digit millionaires don't have effective access to legal system , turned up to 11. I can only see a double-digit billionaire having the resources to fight this to the end.

Not convinced you'd even a lawyer to fight this though. It's just so obviously wrong.

Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

#24

I don't see this holding up - especially because it's ripe for abuse. What's to stop me from making a TOS for my own hashtag?

For it not to be held up, someone has to take Disney to court and win. Good luck with that. It's the whole single-digit millionaires don't have effective access to legal system , turned up to 11. I can only see a double-digit billionaire having the resources to fight this to the end.

Not quite. For this to hold up, either:

- everyone has to silently acquiesce to this,

- Disney has to actually file a court case against everyone who violates their "terms" and win them all.

I think they're trying for the first option. Suing thousands of people for stupidly unreasonable reasons is not a good look, especially for a company where image is everything.

Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

#25

I don't see this holding up - especially because it's ripe for abuse. What's to stop me from making a TOS for my own hashtag?

For it not to be held up, someone has to take Disney to court and win. Good luck with that. It's the whole single-digit millionaires don't have effective access to legal system , turned up to 11. I can only see a double-digit billionaire having the resources to fight this to the end.

I have an anecdote about this. I worked at Disney for some time and a coworker was an avid 2nd amendment person. They left their firearm in their car as is legal for any employer with a very short list of exceptions. I think munitions development is one of the exceptions, and Disney qualifies because of their massive fireworks shows. I'm very foggy on these details as it's been many years since. Anyways, he was chatting it up with a security person and it came out in convo that he had his firearm in his car. He was immediately fired and removed from the property. He tried to fight it in court.

Now this individual was remarkably stupid just as a general person, regardless of this event. I don't have any interest in debating the merits of what happened to him one way or the other.

However, it was interesting that the Disney lawyer explicitly informed his lawyer that their strategy would be to just bleed him dry into bankruptcy by getting continuances and stuff forever into the future, which would force him to keep paying his lawyer to show up and do stuff, but would never move the case forward.

Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

#26
post #16
post #11

Anyone that responds to this thread legally agrees to surrender all intellectual property posted or mentioned by them in any manner on the internet messaging forum hackernews located at news dot ycombinator dot com, hereunder referred to as the interweb place, will be the sole property of hpoe and those he chooses to designate. These terms may not be modified, altered, or amended except with written agreement of both…

Follow up: Many users of hackernews have expressed their disagreement and disapproval of our TOS. After careful investigation, we realize that our original policy was ill conceived and worded in such a manner that people were aware of the vigorous bodily actions which we were performing on them. Due to this we offer our heartfelt apologies, and a guarantee that we will rewrite this policy in a manner that is so obfus…

At least it's not arbitration.

Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

#28
post #9

.

Maybe this is just a lazy use of language by whoever runs that account, but we are talking about TOS and legal disclaimers so I think the specificity of language matters. Disney said "By sharing your message with us..." They didn't say "By replying to us...". Every public Tweet is technically "shared with Disney" so my interpretation is they think this applies to every use of that hashtag.

Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

#29

Earlier quoted context omitted.

For it not to be held up, someone has to take Disney to court and win. Good luck with that. It's the whole single-digit millionaires don't have effective access to legal system , turned up to 11. I can only see a double-digit billionaire having the resources to fight this to the end.

I have an anecdote about this. I worked at Disney for some time and a coworker was an avid 2nd amendment person. They left their firearm in their car as is legal for any employer with a very short list of exceptions. I think munitions development is one of the exceptions, and Disney qualifies because of their massive fireworks shows. I'm very foggy on these details as it's been many years since. Anyways, he was chatt…

If Disney explicitly told this guy's lawyer that was their plan, his lawyer would be game to let them drag it out because he'll get all his attorney's fees back at the end on Disney's dime. You have to legitimately believe you can succeed in court, you cannot just file stuff to slow the process.

Now maybe they just implied that or something, but I very much doubt the story happened exactly as described.

Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

#30
post #11

Anyone that responds to this thread legally agrees to surrender all intellectual property posted or mentioned by them in any manner on the internet messaging forum hackernews located at news dot ycombinator dot com, hereunder referred to as the interweb place, will be the sole property of hpoe and those he chooses to designate. These terms may not be modified, altered, or amended except with written agreement of both…

Yeah, well anyone reading this message legally agrees to send me $20 in the mail.
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