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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

#41

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.

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.

Why would Disney have to sue anyone? The violation will come from Disney, not thousands of people.

Disney is saying they have the right to use any tweet containing the hashtag, including your name (and probably profile picture). If they use your tweet and you don't like it, you can sue them for copyright violation or using your name in advertising. However, there is no way in hell you can win that suit, because it is Disney and it will take years or decades and millions of dollars to fight it in the courts.

So if they use your tweet in advertising without your consent, your options are (1) to give up and move on, or (2) to spend the rest of your time on earth and all the money you have and will earn to fight them in courts.

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

#42
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…

stop, it hurts.

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

#43
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…

“But the plans were on display…”

“On display? I eventually had to go down to the cellar to find them.”

“That’s the display department.”

“With a flashlight.”

“Ah, well, the lights had probably gone.”

“So had the stairs.”

“But look, you found the notice, didn’t you?”

“Yes,” said Arthur, “yes I did. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying ‘Beware of the Leopard.”

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

#44
Update from Disney:

> The above legal language applies ONLY to replies to this tweet using #MayThe4th and mentioning @DisneyPlus . These replies may appear in something special on May the 4th!

https://twitter.com/disneyplus/status/1254849654585323525

... as if that's really any better.

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

#46
It just appended a reply to its own tweet that says:

"The above legal language applies ONLY to replies to this tweet using #MayThe4th and mentioning @DisneyPlus . These replies may appear in something special on May the 4th!"

https://twitter.com/disneyplus/status/1254849654585323525

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

#47

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 c…

In many organizations, legal boilerplate has nothing to do with what's reasonable in the law or even what a lawyer thinks is necessary.

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

#48
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…

What if I end all my comments with:

© Pier25

Huh?

Checkmate!

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

#49
post #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.

Plz send mailing address.

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

#50
post #44

Update from Disney: > The above legal language applies ONLY to replies to this tweet using #MayThe4th and mentioning @DisneyPlus . These replies may appear in something special on May the 4th! https://twitter.com/disneyplus/status/1254849654585323525 ... as if that's really any better.

It would have been fine with me if they didn't include the part about agreeing to their own private terms of use on a completely different website. What a strange way to trick people.

Other than that it just seems like a way to ask people to allow them to use replies in a video or something.

Edit: But wait, this is actually STILL ambiguous! On twitter, a 'mention' happens automatically when you reply to a tweet, because it includes the name of the account replied to, so it's not clear whether you actually have to tag @disneyplus or not.

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