Earlier quoted context omitted.
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,…
They added a clarification tweet that it does indeed only apply to the replies to the original tweet.
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
#272At 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.
A phrase in children's book is unlikely to be considered sufficient evidence that Disney has conveyed an unlimited license to sell Mickey puppets.
At best, the language might protect an unsophisticated infringer from having to pay statutory damages or Disney's legal fees. For example, if a naive person (non-lawyer, non-business person) sold a few of the infringing puppets on Etsy, Disney would drop it (or a court would force Disney to drop the case, if needed) as long as the infringer promises to stop infringing.
In contrast, a sophisticated infringer would be hung out to dry. Because sophisticated infringers cannot credibly suggest that they believe Disney has conveyed an unlimited right to make and sell Mickey puppets based on a phrase included in a children's book.
Note, the words of a license or contract (including signatures if present) are taken as providing some amount of evidence of a license or contract. Contract docs memorialize an agreement between parties to enter into a contract. Formality requirements depend on the stakes, tradition, sophistication of the parties, etc. Most of this can vary widely depending on the industry or type of contract. Plus, in many cases, other statutes or regulations may come into play depending on the subject matter, type of agreement, duration of agreement, jurisdiction, and so on.
Here, since conventional language or formalities that Disney normally uses when licensing its IP is absent, a court is likely to find no license grant or contract.
Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use
#273Update 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.
I love the precedent that Disney is setting here. Will be a little harder for them to argue against my Tweet next month: "Walt Disney World was awesome! Thanks to all the hard workers who made the day special. By replying to this Tweet, Disney Corp. hereby agrees to abide by the copyright laws in place as of the release dates of its motion pictures, instead of the longer dates obtained through perversion of the legal…
When he sued the bank to enforce his contract for a no-fee account with an unlimited line of credit at 0% interest he won. Fortunately for the bank he was prudent in his spending despite his access to unlimited funds so he hadn’t racked up much of a bill.
Story here: https://www.independent.co.uk/news/world/europe/read-the-sma...
Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use
#274Earlier quoted context omitted.
Wow. From their terms of use: "Disney DTC LLC and/or its affiliates and subsidiaries (collectively, “Disney” “we” or “us”) are pleased to provide to you certain websites, software, applications, content, products, and services (“Disney Products” and “Products”), which may be branded Disney, ABC, ESPN, Marvel, Pixar, Lucasfilm, FX, Fox Searchlight, 20th Century Fox, National Geographic, or another brand owned or licen…
Did Twitter put them back to their place or they don't want to lose the ad revenue and let the muggles fight them off?
The only way to challenge this is for you to tweet something to Disney that they then use in their marketing material. That allows you to send them a cease and desist, because you didn't give them permission to use your tweet in that way. At that point Disney is just going to say "ok", shitlist you, and stop using your tweet, because that's cheaper than any alternative.
This is just overreaching bullshit CYA legalese that's never going to get challenged in court.
Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use
#275I 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?
Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use
#276Isn't this technically not necessary as tweets are public domain?
Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use
#277Earlier quoted context omitted.
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…
Another option is to collectively create such a massive backlash that they don't dare do this again. Maybe also lots of bots flooding the tag with text that can pass automated screening but is utterly unsuitable for them to publish?
Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use
#278Earlier quoted context omitted.
So this license granted the purchaser permission to use Disney IP in exchange for the purchase price of the book...how is that different from a contract? The distinction between a contract and a license is a lot smaller than most people in software seem to think it is [1]. [1] https://www.technollama.co.uk/a-licence-or-a-contract
A license is different from a contract because there is a separate body of law for licenses and another for contracts, with different requirements. A contract can involve a license, and a license can involve a contract, explicitly. But they are different things. You need a lawyer to explain precisely how they are different, and how they interact. (Many judges and many lawyers are not very clear on license law.) But o…
Contract law applies to all licenses, but IP licensing law does not apply to all contracts.
Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use
#279At 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.
That's not even remotely true. The plain language of the book says to have fun making them. It's irrelevant it you have fun selling them because that's an entirely separate act.
Arguing that you have a perpetual and transferable license wouldn't just get you laughed out of court; you'd likely owe Disney their legal fees for making a bad faith legal argument.
Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use
#280Earlier quoted context omitted.
I love the precedent that Disney is setting here. Will be a little harder for them to argue against my Tweet next month: "Walt Disney World was awesome! Thanks to all the hard workers who made the day special. By replying to this Tweet, Disney Corp. hereby agrees to abide by the copyright laws in place as of the release dates of its motion pictures, instead of the longer dates obtained through perversion of the legal…
I mean, why wouldn't you be able to form a contract through tweets? You can form a contract through any medium you want, especially just to give permission to Disney to use your tweet. I don't think Disney is setting any precedent or anything else weird by saying "send us messages you want us to publish, by the way here are the specific terms we want to use" on Twitter, they've been doing that for a long time before…
The problem is that they claim that anybody who tweets at them and uses their hashtag is entering into a contract agreement with the Walt Disney Corporation, which can be found at https://disneytermsofuse.com/ . This is ridiculous because nobody needs Disney's permission to use Twitter. If somebody were to use Twitter to express to Disney a desire to enter into a contract that might be valid, but Disney can't unilaterally declare that anybody who sends a communication to them over a given medium is unconditionally agreeing to be bound by their terms of use.