Live data from Hacker News

Discord Applying Forced Arbitration - opt-out before it is too late!

bsky.app

51–60 of 99 posts

Re: Discord Applying Forced Arbitration - opt-out before it is too late!

#53
post #43

Me in the EU: and nothing of value was lost (since I literally can’t lose my right to sue them) When is the USA going to realise that allowing companies to behave like this shouldn’t be allowed?

> When is the USA going to realise that allowing companies to behave like this shouldn’t be allowed?

When this country stops fighting amongst itself over {race | skin color | wealth status | consumerism | brand loyalty | political affiliation} and aim our collective anger at companies, lobbyists, oil and gas, billionaires, and 0.01%. AKA the true people that end up writing our laws.

Re: Discord Applying Forced Arbitration - opt-out before it is too late!

#54
post #7

I literally can't keep up with every company I do business with. It's impossible so I just give up.

This site has really been fighting things the wrong way. Reading every ToS, installing linux, replacing the firmware on your router, etc won't give you you rights back. It's an impossible battle. The real solution is having the laws updated to enshrine your rights. Years of promoting f-droid and custom android roms did far less for software freedom than the EU telling Apple they need to open up their platform, and te…

> Years of promoting f-droid and custom android roms did far less for software freedom than the EU telling Apple they need to open up their platform

It is way too early to call that this will result in a net benefit for software freedom.

We already have a platform—Android—that provides the freedoms that the EU is mandating Apple now provide. What we are getting is a second platform that now cannot provide an alternative type of service to consumers. That honestly feels like a net loss in consumer choice, not progress.

Re: Discord Applying Forced Arbitration - opt-out before it is too late!

#55
post #43

Me in the EU: and nothing of value was lost (since I literally can’t lose my right to sue them) When is the USA going to realise that allowing companies to behave like this shouldn’t be allowed?

Why do I need to sue Discord?

If Discord did something actually bad enough to warrant me suing them, I'm not going to let this deter me. I highly doubt I will ever need to do that. They're not going to make me lose my job or my limbs or worse.

This is just a company protecting itself from theoretical maximal downside, which any company will seek to do.

Re: Discord Applying Forced Arbitration - opt-out before it is too late!

#56
This feels like a giant waste of energy that could be put into better causes. The number of people who are eligible to opt out now (those who already opted out in previous iterations) is microscopic compared to Discord's wider user base, and I would be absolutely shocked if a single person involved in this actually ends up suing Discord either individually or as part of a class.

Whether or not you believe forced arbitration is bad, it seems like there have to be higher value causes to get up in arms about right now.

Re: Discord Applying Forced Arbitration - opt-out before it is too late!

#57
post #30

Earlier quoted context omitted.

> … or part of ToS. Let’s forget employment for a sec and just look at a product’s terms. Why can’t you just not use the product? “It’s popular” is hardly an excuse for something new if you’re picking the platform. If it’s an existing community and you feel forced to join a closed system with too many rules for your tastes, skip it. The community will suffer and hopefully they change to something you’ll like. But if…

I know a few students who are required to use discord due to the teacher distributing courae work over it.

It makes me sad to learn that someone's education is locked behind Discord's Terms of Service and Privacy Policy.

Re: Discord Applying Forced Arbitration - opt-out before it is too late!

#58
post #52
post #12

It really would be nice for some legislation to restore access to the justice system.

Given the state of SCOTUS, doubtful.

Isn't it the Federal Arbitration Act from 1926 that is largely responsible for the current state of forced arbitration in the US? If Congress wants to remove that I don't see how the Supreme Court would be able to find a way to say that they cannot.

Re: Discord Applying Forced Arbitration - opt-out before it is too late!

#59
post #25

Discord hasn't yet obtained approval for their contract from the American Arbitration Association. They're not on the list.[1] Until a company gets on that list, which has a fee, the AAA will refuse to run arbitrations involving contracts specifying AAA arbitration. The AAA does this to prevent companies from adding additional unfavorable terms to arbitration agreements. At least Discord specified AAA arbitration. Th…

Seems they can register at the last minute: >If a business has not registered its consumer clause prior to the filing of a consumer case, the AAA will require that the business registers its clause at that time. I

Re: Discord Applying Forced Arbitration - opt-out before it is too late!

#60
post #12

It really would be nice for some legislation to restore access to the justice system.

Such legislation has gotten proposed in every session of Congress in recent years. It hasn’t passed yet. I hope it does, eventually.

An example from 2022: https://www.reuters.com/legal/transactional/house-passes-bil...

Supported by Democrats, killed by Republicans. Elections matter.

Post reply on HN