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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

#81

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…

This is why you only live in states with single-party consent recording privileges and document everything these sleezeballs say. Then hand it over to the judge.

That sounds nice in theory, but the second order effect of that kind of thing happening a lot would be the megacorp lawyer doesn't warn you first. Then, after you are bankrupt, you may or may not figure out what they did to you. But you still lost and you're still bankrupt.

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

#82
post #76

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.

Selling and making are two different things

Not if making money is fun for you.

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

#83
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.

Somehow, to me, it's even slimier when it's a subset of posts is a targeted hijacking of an injoke made by fans for fans that predates their ownership of the property. It's not blanket maliciousness against all users, it's targeted maliciousness to steal from them.

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

#84

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.

> corporate self awareness

This is Disney we're talking about. Their legal concerns generally trump everything. It would be ridiculous if not for the fact they're worth billions of dollars and could actually take people to court over small stuff like this.

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

#86
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.

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 system by Disney and its lobbyists."

In all seriousness, I'm sure Disney never thinks for a moment that the law would ever be applied fairly to them or that this tweet could come back to bite them.

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

#88
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.

I wonder if you could get me extradited, MPAA managed with a UK national (who wasn't even breaking the law in the UK; they were hosting links).

Particularly interested in of they're extradite now, with Covid19 and all.

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

#89
post #71

Earlier quoted context omitted.

I know there is a rally around this happening now, but I think it's pretty obvious that Disney was simply saying if you reply to their message with that hashtag then they want to be able to re-post your message as part of their marketing. Of course the way they said that could have been worked on.

Yes, obviously, but why would anyone need to consent to disney's own private terms of use on a different website for this? That's the shady part here. There could be anything in that TOS, and this tweet will trick a lot of people into agreeing with something they didn't read and shouldn't have to.

If Disney were embedding tweets, it would likely already fall under twitters license for redistribution of content (aka hosting.)

However, if Disney plans to copy and paste the tweets into another graphic, they felt they wouldn't have the appropriate license to reuse text copywritten by others, without this odd TOS.

The one thing about this that plays into Disney's favor, is the attention probably reduces someones honest ability to say "I never saw the agreement tweet."

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