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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

#31

I think the value of hiring more experienced folks to run social media (i.e. not an intern, someone with any amount of experience) is that they can actually point out how ridiculous this will come off, and argue against this type of tweet. It really doesn't take that much corporate self awareness to see how bad it looks to try to force TOS on free speech on a public forum.

> It really doesn't take that much corporate self awareness

I think you underestimate how well anyone in management actually understands this. One job had me constantly pushing back on three or more paragraphs of legal text in the damndest of places. In one case, the legal text was larger than the form itself to say "we need your email to contact you with changes related to your account".

Every time I contacted our company lawyer directly for clarification, he was always fine with the short summaries I wrote.

I was the only person in the entire process that stopped to ask if any of this was really necessary. I guess that's why I was the developer handling all most of our legal compliance. Everyone else either didn't care or had given up.

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

#32
post #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.

They always have someone approving them.

A college near me always posts pictures tagged with #builtbyBYU and I always post the dude standing in his bathroom mirror saying "Hi welcome to Chili's" with that tag but it never makes it onto the jumbotron...

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

#33

Is it possible this is just boilerplate legal stuff that was whipped up for a campaign and the social media person just copied and pasted it with a minor tweak so it makes sense for Twitter? The language reminds me of standard contest language I've read many times before...

It's not only possible, but highly likely. Still doesn't make it OK or not worthy of ridicule though. Internal company processes have no impact on how the public (and judicial system) will react to them.

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

#35

Everything everyone posts on Twitter can be used by anyone for any reason. It's in the Twitter TOS. Disney didn't even need to post anything, they could have just used your tweets for whatever they wanted to use them for.

that's not true

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

#36
post #9

.

They're trying to CYA for future ad campaigns, but they can't actually CTA their way. No dice, Disney. The way this works is if you want to use the tweets shouted into the ether, you can, and if someone doesn't like it, they can sue you, and then the US (and probably international) law gets to figure out on your dime via the lawyers you will pay whether you misused the tweets. ... or, Disney does the not-lazy thing,…

The hilarious thing to me is that folks love that sort of attention and go out of their way to get a highlighted tweet - just DMing a few dozen folks with tweets you like to see if they're willing to have their random brain farts re-posted elsewhere will get you a lot of positive responses.

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

#37

Earlier quoted context omitted.

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.

In order for the drag it out and get attorney's fees back plan to work, you have to be really confident you'll win. I doubt that was the case.

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

#40
At a rummage sale a few years ago, I bought a book published by Disney in the 1960s or 1970s which had instructions on how to make Mickey Mouse puppets. It also said to "have fun" making them. Selling things for a profit is a lot of fun.

As far as I'm concerned, I now have a perpetual, transferable license to make and sell Mickey Mouse puppets. I even asked a lawyer.

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