Post 610055 by ky0ko@cybre.space
(DIR) More posts by ky0ko@cybre.space
(DIR) Post #610055 by ky0ko@cybre.space
2018-10-18T04:14:48Z
2 likes, 3 repeats
y'all discord users ought to send an email to them saying you opt out of their arbitration clause in case they ever need suedif you don't trust me read the eula yourself and decide if not having your right to sue them taken away is worth an emailhttps://discordapp.com/terms(or, you know, maybe avoid the service entirely if you're able and willing)
(DIR) Post #610133 by flussence@nulled.red
2018-10-18T04:21:43Z
0 likes, 0 repeats
@ky0ko I wanna see more of this. It's unionising, but for shitty EULAs
(DIR) Post #610150 by FimbulFlower@niu.moe
2018-10-18T04:23:40Z
0 likes, 0 repeats
@ky0ko can't I just make up a counter-eula on my website where collecting and selling my data makes me immune to their EULA?
(DIR) Post #610157 by mew@glaceon.social
2018-10-18T04:24:49Z
0 likes, 1 repeats
@ky0ko the above is TIME SENSITIVE BY THE WAY do it now rather than later
(DIR) Post #610248 by kity@kity.wtf
2018-10-18T04:33:17Z
0 likes, 1 repeats
@ky0ko does this work?
(DIR) Post #610253 by nutomic@soc.ialis.me
2018-10-18T04:33:50Z
0 likes, 0 repeats
@ky0ko Are these kind of terms even legal? I don't think this works in the EU.
(DIR) Post #610258 by ky0ko@cybre.space
2018-10-18T04:34:22Z
0 likes, 0 repeats
@nutomic yep, the us supreme court ruled that terms like this are binding, in 2011
(DIR) Post #610266 by nutomic@soc.ialis.me
2018-10-18T04:34:58Z
0 likes, 0 repeats
@ky0ko no idea about US, I was talking only about EU.
(DIR) Post #610290 by reymarkus@niu.moe
2018-10-18T04:36:51Z
0 likes, 0 repeats
@ky0ko ELI5: What will be the impact to me if I didn't opt out of their arbitration?And what does this paragraph "This Arbitration section shall survive any termination of your account or the Service" mean? If I don't opt out but deleted my Discord account, will I still be binded in the arbitration provisions?
(DIR) Post #610328 by ky0ko@cybre.space
2018-10-18T04:41:01Z
0 likes, 0 repeats
@reymarkus this means, in short, you are no longer allowed to sue them, but can only resolve disputes via arbitration.this means you, a discord representative, and some third party arbitrator in a room, talking it out. if you don't like what happens, there's no appeals.this is a situation that has been shown to favor the big company in basically all cases, even if it is usually easier and faster.the survival clause in the eula means even if you delete your account, you are still bound by all of it.
(DIR) Post #610337 by ky0ko@cybre.space
2018-10-18T04:41:37Z
0 likes, 0 repeats
@reymarkus disclaimer, i'm not a lawyer, but, i mean, that's what the eula says
(DIR) Post #610387 by reymarkus@niu.moe
2018-10-18T04:45:44Z
0 likes, 0 repeats
@ky0ko Thanks for the summary. Sent them an email to their arbitration opt-out address, and will likely delete my Discord account some time.
(DIR) Post #610507 by neugierdsnase@mastodon.social
2018-10-18T04:56:31Z
0 likes, 0 repeats
@ky0ko I honestly can't imagine this practice holds up in any court
(DIR) Post #610565 by citizenzibb@mastodon.social
2018-10-18T05:02:30Z
0 likes, 0 repeats
@ky0ko Shit you aren't even able to erase your own messages on discord... No way to see and manage your data etc. What are they gonna do with all my extra sultry messages?!
(DIR) Post #610856 by mythros@mastodon.social
2018-10-18T05:44:03Z
0 likes, 0 repeats
@ky0ko The contract may be unenforceable anyway.Silence cannot constitute acceptance of a contractual provision (Felthouse v Bindley) and a lack of consensus ad idem, if users have not comprehended that they agreed to arbitration, means there is no contract formation in any case, Smith v Hughes notwithstanding. Discord's lawyers should be fired.
(DIR) Post #611089 by nanocryk@mamot.fr
2018-10-18T06:09:47Z
0 likes, 0 repeats
@ky0ko What is this "arbitration clause" and why should I opt-out ? (not a native english speaker)
(DIR) Post #612236 by l4p1n@miaou.drycat.fr
2018-10-18T08:05:32Z
0 likes, 0 repeats
@ky0koThat's what I would call "disgusting". I already have a bad view of Discord's [intruisive ?] data collection. Now it's getting kinda worse --'
(DIR) Post #614431 by melgu@mastodon.technology
2018-10-18T11:20:51Z
0 likes, 0 repeats
@ky0ko @Gargron It‘s more than 30 days after the TOS taking effect. So if you didn’t just create your account, you’d have to create a new one for this opt-out to work.
(DIR) Post #617610 by packbat@dragon.style
2018-10-18T14:46:49Z
0 likes, 0 repeats
@ky0ko The email I used for my opt-out, in case anyone wants to copy+paste and edit for their own purposes:To: arbitration-opt-out@discord.comSubject: Opt out of provisions in Terms of Service requiring arbitrationI am sending this email as the owner of the account associated with the email address [email] - which, within Gmail, registers as an identical address to the [email] address from which I am sending this message, as described in https://gmail.googleblog.com/2008/03/2-hidden-ways-to-get-more-from-your.html - to officially opt out of the provisions in the official Discord Terms of Service requiring arbitration in the case of disputes with the platform.- [wallet name]
(DIR) Post #621669 by ky0ko@cybre.space
2018-10-18T19:16:43Z
0 likes, 0 repeats
@melgu@gargronthe tos doesn't take place for another week, as started in the tos itself.also, it has a clause starting it still applies and if you delete your account and create a new one, so that doesn't work.
(DIR) Post #623777 by melgu@mastodon.technology
2018-10-18T21:02:23Z
0 likes, 0 repeats
@ky0ko @Gargron Ah alright, thanks.
(DIR) Post #623795 by ky0ko@cybre.space
2018-10-18T21:03:52Z
0 likes, 0 repeats
@melgu@gargronnew eula goes into effect on October 23
(DIR) Post #692683 by deletionism@mastodon.technology
2018-10-22T14:26:43Z
0 likes, 0 repeats
@ky0ko Discord is amazing, but this bothers me.