How likely is that chunk to be thrown out for being obviously ridiculous?
Comment on X adds Twitch to its advertising boycott lawsuit
ryper@lemmy.ca 1 day agoAnd changed the twitter ToS to require suits in a specific part of texas.
Good_morning@lemmynsfw.com 21 hours ago
skulblaka@sh.itjust.works 20 hours ago
In a past life, pretty plausible.
Now that Elmo is the First Lady, this is the best TOS that’s ever been written by anyone ever. It’s perfect. It probably trumps the constitution because of how perfect it is.
ryper@lemmy.ca 21 hours ago
According to the article, not that likely:
Terms requiring users to sue in specific courts are usually enforceable, Vanderbilt Law School Professor Brian Fitzpatrick told Ars today. “There might be an argument that there was no consent to the new terms, but if you have to click on something at some point acknowledging you read the new terms, consent will probably be found,” he told us in an email.
A user attempting to sue X in a different state or district probably wouldn’t get very far. “If a suit was filed in the wrong court, it would be dismissed (if filed in state court) or transferred (if filed in federal court),” Fitzpatrick said.
Patch@feddit.uk 13 hours ago
It seems insane to me that the US system lets you literally specify the exact judge (that you’ve already bought and paid for) as the only judge that can hear cases against you. And that the system is basically OK with this.
echodot@feddit.uk 8 hours ago
It’s also insane that a judge with a vested interest in one of the clients doesn’t have to automatically recuse themselves.
spankmonkey@lemmy.world 23 hours ago
Amazing how terms of service apparently carry the same weight as laws, yet can be changed arbitrarily by businesses on a whim.
echodot@feddit.uk 8 hours ago
It also wouldn’t fly in the EU anyway.
Any lawsuits have to be brought in the country in which the citizen bringing the suit lives. So if I wanted to sue Twitter I literally would have to do them where I live. There was no way for me to sue them in Texas since I’m not a citizen I’ll be the Texas or the US.