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X adds Twitch to its advertising boycott lawsuit (www.engadget.com)

submitted 4 weeks ago by moe90@feddit.nl to c/technology@lemmy.world

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[–] Good_morning@lemmynsfw.com 6 points 4 weeks ago (2 children)

How likely is that chunk to be thrown out for being obviously ridiculous?

[–] skulblaka@sh.itjust.works 12 points 4 weeks 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 2 points 4 weeks ago (1 children)

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 points 4 weeks ago (1 children)

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 5 points 4 weeks ago* (last edited 4 weeks ago) (1 children)

It's also insane that a judge with a vested interest in one of the claimants, doesn't have to automatically recuse themselves.

[–] theneverfox@pawb.social 1 points 4 weeks ago

They do... It's just not expected that they won't

Pains of being a prototype democracy and all... If only the founding fathers had explicitly told us our system would need reform as issues came up