cross-posted from: https://lemmy.dbzer0.com/post/17618684
Forced arbitration means any legal disputes you may have with Discord must be resolved through a single third party mediator, who 99% of the time is chosen by, and will rule in favor of, the corporation/Discord. This effectively removes all your legal rights as a consumer, because arbitration decisions are legally binding and non-appealable.
The new ToS goes into effect April 15th, 2024.
YOU CAN OPT OUT OF ARBITRATION. You must email arbitration-opt-out@discord.com BEFORE MAY 15TH (30 days after ToS effective date) with your username stating that you wish to opt out of the arbitration clause. Once May 15th passes you are bound to arbitration with Discord forever.
Opt-out before it’s too late.
Yeah, good luck enforcing that contract in any country that has a legal concept of “automatically unfair contract terms”.
A TOS isn’t legally binding.
That’s false.
Any contract is legally binding… except for the parts that go against the law.
I’d suggest consulting a lawyer knowledgeable of your particular jurisdiction, before deciding which part may or may not be binding.
Any contract is legally binding
Exactly. And a TOS is not a contract.
If you go to law definitions, contracts have a number of requirements to be such, of which to my knowledge a TOS fails two (Negotiability and Certainty).
IANAL, check with your local lawyer, but AFAIK…
ToS are a “generic contract”, where a single entity proposes the same contract to multiple parties.
Negotiability, or more precisely offer and acceptance, are achieved by the simple “take it or leave it”. The requirement is that there needs to be an option, it doesn’t need to be one to change parts of the document.
Certainty is usually achieved by adding a partial nullifying clause, so any ambiguous parts get automatically trimmed.
We need a Federated FOSS Discord alternative built to work with the activity pub protocol.
Has anybody made a matrix app that looks like a discord clone? That sounds easier since the federated rich text chat is already made, the current clients don’t really appeal to the discord crowd.
We welcome anyone back to IRC
No we don’t. We need small instances, each with their own specific topics and communities that DO NOT share your information far and wide, like the fediverse does. I don’t think the fediverse model is the way forward.
Or… how about we just treat the fediverse like it is a…. public forum…. and use different tools for having more private conversations?
