• sugar_in_your_tea@sh.itjust.works
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    10 hours ago

    I don’t think forced arbitration has really been tried in court. I remember Disney kind of trying, but it was completely unrelated (e.g. argued that arbitration agreement from Disney+ applied to issues on physical Disney properties).

    In order to hold up in court, the contract needs to reasonably benefit both parties instead of only the contract issuer. So there’s a very good chance a court will dismiss the forced arbitration clause, especially if it’s just in a EULA and not a bidirectional contract negotiation.

    That said, I tend to avoid services with binding arbitration statements in their EULA, and if I can’t, I avoid companies that force acceptance of EULA changes to continue use of the service.

    • Ulrich@feddit.org
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      3 hours ago

      Well I know someone tried it against Valve and they ended up removing the requirement.