• r00ty@kbin.life
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    9 months ago

    I think in the case of forced agreements (both Roku not having a way to select disagree and disabling all hardware functionality until you agree, and blizzard not allowing login to existing games including non-live service ones) no reasonable court should be viewing this as freely accepting the new conditions.

    If you buy a new game with those conditions, sure you should be able to get a full refund though, and you could argue it for ongoing live service games where you pay monthly that it’s acceptable to change the conditions with some notice ahead of time. If you don’t accept you can no longer use the ongoing paid for features, I expect a court would allow that. But there’s no real justification for disabling hardware you already own or disabling single player games you already paid for in full.

    It’ll be interesting to see any test cases that come from these examples.

    • lanolinoil@lemmy.world
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      9 months ago

      I see 1 class action where the consumers get screwed and the company gets a slap on the wrist

      • BearOfaTime@lemm.ee
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        9 months ago

        Right?

        Amazes me how many people cheer on these class action suits, and when I remark that class action screws the consumer and benefits the company, lemmites downvote to oblivion.

        I got my first class action reimbursement at age 19…for perhaps $5.

        Today I see one about twice a year, again for about $5 each. I don’t even bother replying to get my check - it’s simply not worth the effort.

        The class-action system is a scam to benefit the wrong-doers, not to give strength to a class. What company would prefer 2 million court cases vs a single case? They want to prevent that first individual case from happening, at all, let alone from winning. If one case wins, the ambulance chasing lawyers would crawl out of the wood work and line up for their payout. The legal fees alone would be 10x+ any class-action settlement.

    • ysjet@lemmy.world
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      9 months ago

      The problem here is “reasonable court.” One party in the US has spent decades stacking the courts with unreasonable judges who will agree to anything a corporation hands them.

      • wizardbeard@lemmy.dbzer0.com
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        9 months ago

        My brother in christ, both parties have been doing this for ages. You aren’t looking at the right lines. This one is about wealth, not about party affiliation.

        If you had the money to put safeguards in place to protect you and your stuff in the event something went wrong, you probably would. It would be a mistake not to.

        A simple example is keeping some money set aside as a savings or emergency fund. For rich people, lobbying for more favorable laws, and helping more friendly judges rise up the ranks is a similar thing. Some have went on to make and plan apocalypse bunkers too.

        When you have enough money that you don’t have to worry about spending a certain amount, you just go and do it. Like people not worrying about spending on Starbucks every morning because it’s equivalent to 30 minutes of their time or less.

    • BoscoBear@lemmy.sdf.org
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      9 months ago

      I think you are correct. A contract requires “consideration.” You got nothing for agreeing to the new contract, so I don’t think it is legal.