Food delivery EULA versus 7th Amendment: EULA wins. Bill of Rights loses

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[@Charly_Dont_Surf]

Had to a visit a new doctor the other day. When signing the necessary paperwork I crossed out the parts that force me to pay the amount my insurance would not cover. Doc and staff looked at me a little cross eyed. I no longer care.

[@rossmanngroup]

This. I have to tell you the cost upfront before I fix your device. Buy they don't have to tell you the cost until weeks after they fix you? AND they don't have a "no fix, no fee" policy ? Fk that. Ask for what you want and I'll pay you, do that weaseley shit of making it up later and I'm not. I'm happy I've never lived caring about my credit score.

[@NostalgiaHDOS]

@@rossmanngroupthe American healthcare system is a racket. They will intentionally over price their procedures then “write” off a majority of the supposed cost for taxes.

[@chench1lla]

When I did the same thing at a dentist they got me a new form and said I have to agree with all of it or I have to find another dentist, I caved in.

[@NostalgiaHDOS]

KZbin deleted my reply Womp Womp

[@jamesmana5247]

Me all well. Also, I have fired attorneys, doctors, dentist, eye doctors and a whole list of other. I am paying the bill and I demand respect, honesty and no camel shit. I also when signing etc. I always say under duress.

[@scarletsun04]

"including your heirs" >my grandchildren in 100 years learning that they cant sue tesla after getting ran over because i used twitter to read some games news in 2023

[@maverick9708]

Unironically the direction we are headed if things don't change

[@EvenTheDogAgrees]

Lol, you think Tesla is still going to be around in 100 years?

[@paulofrota3958]

​@@EvenTheDogAgreesthat's not what this person said... Reading comprehension is hard, huh?

[@erikkayV]

@@paulofrota3958 maybe I am having trouble with comprehension but yes, that is what he said. His grandchildren, in 100 years, getting hit by a tesla and not being able to sue due to him using twitter 100 years prior.

[@damiang888]

@@EvenTheDogAgrees Why wouldn't they? you think there will be less suckers in 100 years? Like the saying goes, a tesla customer is born every minute

[@triplefreeerror]

how does a TOS signed by one person apply to two different people?

[@JohnDoe-qz1ql]

It doesn't. Probably pocketed judges...

[@CoozyBear]

''trust me bro''

[@KupoJoker2]

A TOS might include provisions that affect third parties indirectly, like prohibiting certain types of sharing or requiring users to ensure that others using the service comply with the terms.

[@JohnDoe-qz1ql]

@@KupoJoker2 Like he said in the video, that's pretty much unenforceable today. How will they know when another uses the service???

[@BoredPodcaster]

When consumer protection agencies don't do their job, it becomes really easy to screw people over by technically breaking consumer protections. Especially when at most, you'll only have to be 1% or less of your earnings as a punishment when sued by the FTC.

[@Gandingas]

Can't we do the same to them? For example, send them an email that says, "By accepting my payment and receiving this email you have agreed to me having coitus with your wife and or significant other of anyone in your company, to cancel this agreement you are required to send a writen note on a 24 karat gold tablet to my address within 24 hours of recieving this email otherwise you have agreed to these terms"

[@QuentinStyger]

If you could get that to an email inbox that has legal authority to accept those terms would probably work.

[@bluesteelbass]

@@QuentinStyger Send it to the corporation's official postal address, via certified mail, will make it work.

[@arakwar]

Don't do anything absurd, but do send them something like "by accepting my payment you agree to cover your product with a 5 year warranty."

[@DashMan-g7z]

You can but you'll need sue them for 10 years before your case get to court.

[@ВладиславФесенко-к1м]

Wasn't there a Russian guy who did this with a bank contract? Can't find the article rn (as well don't remember how it all ended), but if I recall correctly, there was a hyperlink with full terms included on the page that he altered and the bank signed off and never checked. The man wrote himself some bullshit like "upon termination for any cause bank pays me a lot of money" and such Edit: they did go into court but settled out of it, booring. At least they had a courtesy to give the guy a semi-good card after he dropped his claim for 24 million rubles (2008-2013 money) that they technically should've honoured. A rather quick change of tongue after the CEO personally promised fraud charges for the guy

[@erebusvonmori8050]

At this point the USA simply doesn't have any consumer rights.

[@fettel1988]

You have the right to be a consumer.

[@nah-dx3wc]

Eh, some. Not enough

[@SvenDansk7]

​@@fettel1988Right? More like duty. Remember that after 9/11, President Bush advised everyone to buy more sh!t

[@IndyMiraaga]

@@fettel1988 *the obligation

[@chonasassl2558]

Yeah, not enough. A country should look after the people too, not only the firms and army, which are both important as well. ​@@nah-dx3wc

[@Micocare]

I get the feeling that your Bill of Rights is more of a Bill of Suggestions.

[@insoporous9978]

Bill of obstacles for some. Specifically named as such, recently, I think.

[@AngryToast93]

We have reached peak tyranny.

[@nah-dx3wc]

@@AngryToast93not yet

[@ScienceReasonLove]

You and George Carlin both

[@RicardoSantos-oz3uj]

You are many or as little rights as your willingless to FIGHT for them. As such the meek and cowards have no rights.

[@greatestcait]

The Constitution needs to apply to private companies too. They shouldn't be able to supercede our human rights enshrined in the constitution.

[@The_General_Zubas]

If "Corporations are People" as Mitt Romney said, then? they are heald to account. Its either that, or we do not care about anythign else but Satan's will, as a Government.

[@robmorgan1214]

It does. Corporations are literally creations of the government. The government shields the officers of the company from PERSONAL liability etc. The judges got around this when they simply stopped following the constitution and the law and began using fancy language and sophistry in order to bamboozle the rubes on behalf of the people who pay their bribes.

[@carbonstar9091]

That's the best part. The Constitution applies to corporations when it helps them get away with things. And it doesnt apply when it helps them screw people over.

[@Dontlicktheballoons]

They can't. The judge made an illegal ruling and in a just world, would be removed.

[@The_General_Zubas]

@@Dontlicktheballoons I agree, the Judges cannot judge if they are just as corrupt as the politicians whom are also bought out. Everyone is on the company dime, so why have a constitution, when the Company Charter seems to matter more?

[@mrlank]

I have yet to ever hear anyone give a compelling reason why any company can say “you forfeit your right to (insert legal right here) when you agree to do business with us”. If someone has the perception that they got screwed over, they should be able to pursue any legal option for righting that wrong. This is not a controversial statement

[@courage3535]

low IQ

[@MonkeyJedi99]

I would be okay with arbitration as an OPTION. If a company wants me to use their arbitration and waive my right to trial by jury, they need to get my agreement at the time of purchase and offer me a 5-10% discount off what I'm paying.

[@aznhomig]

Ultimately, people should litigate if they feel they have been wronged by another party, especially if the other party is some megacorp with some ridiculous EULA. These EULA's first and foremost serve a purpose to try to absolve any responsibility from the company screwing people over, whether it dissuades a wronged party from levying a lawsuit in the first place, or a court agrees that the EULA absolves the company of any responsibility. It's a totally one-sided affair that IMO goes against basic contract law like due consideration and fair exchange.

[@TheLinuxGallery-qz2vs]

There used to be rulings based on "shocking the conscience" of the jury or the judge They just kind of stopped doing that after about 2014 - when they realized that big tech companies were having an enron every day, and they couldn't be shocked every time they walked into a courtroom with tech representatives And now, they kind of make their conclusions, and try to steer the jury (if there is one) into finding what they want to hear And they usually want to hear some crazy stuff

[@Buffalo_Soldier]

There are inalienable rights. One of them is about freedom and you can't become someones slave, no matter if he pays you or your family. . . There should be similar right to arbitration by proper organs that we can not sign off - ever?

[@JaekSean]

Wait until companies start waving the 13th amendment and you agree to legally become their property when you sign up for a free trial 😂

[@Yaivenov]

Family Court won't like them horning in on their anti13A scam.

[@knm080xg12r6j991jhgt]

Or buy socks.

[@Yaivenov]

Looks like yt deleted my comment about familial judicary breaking number 13.

[@barryb2704]

Software agreements. Look at the recent Adobe one where they claimed all your previous work on the product.

[@StratRev323]

1800s African Natives had this experience

[@Puggernuts]

This is bullshit, I am beyond sick of big companies weaseling their way out of ANY RESPONSIBILITY AT ALL!!!

[@TheGuyWhoIsSitting]

Even when they do get caught the punishment is a drop in the bucket.

[@Puggernuts]

@@TheGuyWhoIsSitting Right?? It's always a fine that is .01% of their net worth. BS

[@OutLanderUSN]

Won't change until people stop fighting over guns and abortion.

[@rh906]

Sure you are.

[@quillclock]

@@rh906 lol thats some crappy bait. try again

[@elinope4745]

If prenups can be thrown out of courts, than so can EULA's for the exact same reasons.

[@Legweb]

If being unable to use a product you purchased and are unable to get a refund, because of length of time has passed, unless you sign an EULA that clearly does not favor you, sounds exactly like signing under duress.

[@rexdonahough241]

Welcome to the terrifying new future where you have to fight against everyone while still trying to be a good person

[@custos3249]

What do you mean "future"?

[@bloodofthelamb13]

Welcome to the future, where people think fighting is bad. Cowardice is an evil, not violence. Violence is action; cowardice is character. One can be good while the other never is.

[@Emancipatriot]

@@bloodofthelamb13as long as you aren’t committing acts of aggression towards other, you should be allowed to do whatever you want

[@tachobrenner]

​@@bloodofthelamb13Violence is crap, tough guy. Cycles of violence have destroyed many lives.

[@Shrouded_reaper]

​@tachobrenner Violence is the means by which civilisation is held together mate. You are ignorant.

[@thalanoth]

Can I get a legality ruling from this public court by how it's possible to have an automatic driver-installation that EXPLICITY states in a pop-up that if you "remove this box without agreeing" THAT HAS NO OTHER BUTTON THAN AGREE that you "AGREE" to all of their privacy policies??

[@thalanoth]

I took screenshots, I haven no problem sharing lol

[@AnAnonymousAuditor]

If it's a web page, are they trying to take into account people using the browser dev tools (inspect element, the console, etc.)? That would be insane

[@thalanoth]

@@AnAnonymousAuditor It came from an auto-installer on a razer kraken with a windows pop-up. Clicking on the privacy policy link and the eula link leads you to the website that fills you in on what you're now dealing with

[@thalanoth]

@@AnAnonymousAuditor It's not even an htlm thing, you're quite literally simply dealing with a tool that says "congratulations, you plugged me in, we now have everything and you can't do anything about it"

[@thalanoth]

@@AnAnonymousAuditor the web-page from razer you go to does explicitly state all their terms that you somehow just agreed to without reading the insanely fine print in the manual lol

[@Derceto00]

Isn't it such a strange coincidence how all these companies wanted to make everything become a "service", starting around 10 years ago? Well, welcome to the "service era', where you exist, to service corporations. 🍻 What a time to be alive.

[@Elemblue2]

Its the WEF. They are a whole other layer on the 50D game of chess the world is. They are all pushing for this, and it is an extension of many political agendas.

[@mugthemagpie3001]

Pardon my language but how the fuck some TOS and EULA can be HIGHER than Constitutional amendments? Constitution has the priority even over the EU regulations here in Poland. End of the subject if something is conflicting.

[@phantomtr1]

corruption

[@olmsfam1]

Contract law. its older than the constitution, inherited from the old world, and the basis upon which capitalism runs. Contract law supercedes EVERYTHING

[@LennyMiller739]

Lol. You're talking about different constitutions.....

[@Jukantos]

Welcome to the new Lockner era

[@slipper8105]

$$$$$$

[@InlineDownhillVancouver]

EULA roofie legal teams be like: Does this broccoli taste like Rohypnol?

[@andym2612]

Rohynol has no taste, that's why it's the perfect drug to drop into somebodies drink without them knowing about it.

[@darrennew8211]

Does this handkerchief smell like Chloroform?

[@originalpne1060]

Even food wasnt safe from this bs

[@emanuellandeholm5657]

I've been using Strava to log my hikes for a couple of years now. Today they hit me with the update you can't opt out of. No "cancel" button. I clicked read more, and, yeah. They're going to train some AI using data from my hikes now. I just laughed. What can you do? I also have a Samsung update pending that I've been avoiding for like a week now because I've no idea what it's going to break. Is it going to change the phone app to use a font I can't read? Is it going to copyright strike my custom ring tone? Who tf knows? I hate tech in 2024.

[@TheEvilAdministrator]

Scorched earth. If they insist on ridiculous terms for their service, stop using it and - if you can + if it doesn't already exist - spend some time developing something that does the exact same thing. Then release it for free as privacy-respecting open-source software. If such a thing already exists, then try to contribute with the aim of helping it become better than the commercial software (in this case Strava). If it gains a significant userbase, that'll hit them right where it hurts - in the revenue stream. A market segment that used to be profitable now generates no revenue whatsoever. If this happens over and over again in every segment where it can be done, it'll start strangling exploitative businesses out of existence.

[@emanuellandeholm5657]

@@TheEvilAdministrator Yeah. I'm actually a developer. I write code for Linux. Problem is, I need to "root" the damn phone in order to upload my code to my own Samsung computer. Samsung "protects" me from using the computer I bought from them the way I want to. It's absolutely nuts. And about Strava, there's no alternative with the same "free" functionality I look for. I'll just take an L here. I'm ideologically anti-AI, but you win some, you lose some.

[@Bit01]

I'm still pissed at samsung for removing some of the options from my galaxy note 9. There is no option to leave the screen on for more than ten minutes anymore. That's the maximum they allow on my device that I paid for years ago.

[@professorhaystacks6606]

@@emanuellandeholm5657 I stopped getting Samsung. While they are one of the few to make removeable batteries (well, until the EU law recently, so now some new phones technically have them), their firmware locks are ridiculous. Most places you can flash the bios to get around it... the last Samsung phone I got (which I did not realize this feature) actually has a back-up bios to keep you from doing that so when it reboots it undoes that. You'd literally have to hard mod it to root it and at that point you're probably going to destroy the phone so might as well get one from someone else.

[@emanuellandeholm5657]

@@professorhaystacks6606 LR says this all the time. "Brands" don't really matter anymore. They ALL do this shady shit, otherwise they wouldn't be competitive. Race to the bottom enshit.

[@MrBe56]

It's laws like this that make me despise my country of origin. Business and profit apparently triumphs over basic human protections and safety.

[@Pyxis10]

Always have.

[@El_Soy]

@Pyxis10 that's not true, believe it or not there was a period in time where the powers that be tried to ensure that corporations didn't screw people over. Now they're on the same team, though

[@Pyxis10]

@@El_Soy Yes and before that they also didn't. Further they just did it in the southern hemisphere instead of the northern one. But even in the northern one see the 1800's and children being forced to work dangerous machines with little safety to ensure profit. Corporations and their owners will always try to use their outsized wealth to bend the rules towards grabbing as much wealth in whatever way they can as possible.

[@rh906]

So every period of human history ever.

[@dasit6034]

​@@rh906 midwit take

[@nonyadamnbusiness9887]

As far as I'm concerned, even attempting to get someone to sign away their rights is coercion and should be a capital crime.

[@Pyxis10]

Enforced by who? People who get paid not to do it?

[@Anonymous______________]

Welcome to the oligarchy, you must be new here.

[@MizMite2002]

Will tech go the way of Mission Impossible tape recorder. This laptop will self destruct after 4 yr from purchased.

[@WafflePlaneRC]

It hasn't yet? I was under the belief that it already was. Ironically, the prop tape recorders they used back then probably still work, if they've not been thrown out.

[@bradhaines3142]

legally cant do exactly that but they have other ways

[@Stormer-vx5kw]

thats how long it takes for the battery to break currently

[@ruphite9521]

“Your UberEats burger will self destruct unless consumed in the next 10 minutes”

[@ashleythomas9671]

I'm starting to wonder if I can tape a sheet of paper to a brick, that says something alone the lines of, 'By having this brick land on the floor of your building, you agree to give away your right to sue, or seek damages against the thrower of said brick. If you dont agree with this, please make sure no bricks land on your floor while also sending a no brick notice every hour.' before throwing a brick through Uber HQ's window.

[@thalanoth]

I uhh... just made the mistake of plugging in a new headset... it's absolutely insane what the privacy agreement says lol (which YOU SIGN BY PLUGGING IT IN); basically, we track and use everything you do on your computer, and, for any and all legal obligations WILL hand over anything we've found to be in violation of ... anything... I'm merican babay, but, applying EU (and for some separately dictated CA) law, gives me a middle finger. I got two middle fingers, two middle toes, and will die on this hill: FUCK THIS OVER REGULATION. I can't undo the amount of anger I'm currently experiencing; no clue how you've done it for years

[@blob22201]

You can have regulation or companies rinsing you for everything you've got, pick your poison

[@battokizu]

My headset is a zoom h1n and any headphone I want. Sorry to hear you got eula roofied.

[@Elemblue2]

Turn the rage into the ability to hack.

[@Nexalian_Gamer]

9:29. If they start making us show our ID's to buy socks then we should just start throwing the exact amount of cash on the counter and walk out the store. Like the dude that just wanted to buy strawberries in a cashless store in the UK.

[@starbock]

That is a good example of why they want CBDCs (replacing cash), so that you can't even do that.

[@Nexalian_Gamer]

@@starbock If that ever happens just take the stuff without paying for it. Screw them

[@WestCoastWheelman]

​@@Nexalian_Gamer "cashless" you say? Hey everyone, they be giving out free stuff over here!

[@squirty131]

Thats theft

[@marine6680]

Let me get this straight... A driver ran a red light and hit someone. Is the person they hit the person who ordered the food? If not, this shouldn't matter. I don't care if the person who was hit has ever used the service prior. If the person who was hurt did not use the service to place an order, and the driver then injured them during the delivery action... Then the incident did not occur due the person's use of the service... So the arbitration clause should nit apply. If a person walked under the big Uber sign at their headquarters, and it fell and hit them... If they ever used Uber before, are they not allowed to sue for the negligence of not mounting or maintaining the sign kn their property? That is basically what is happening here.

[@commentinglife6175]

From what I understand, the person suing was a passenger in the Uber so the TOS would be at play here. You are right; should the person who was hit sue, even if they were an Uber customer, I don't think a court would come anywhere close to making this ruling - but I could be wrong there with some of our courts.

[@123payattention]

It's interesting they changed this amongst a massive influx of illegal aliens. Almost like they might be protecting themselves against something else here because they are knowingly employing a bunch of illegals

[@niteriderevo9179]

no, just bloody no. the US Constitution and it's amendments take priority over ANY contract, even US law overrides any contract that goes counter to it. it is literally THE highest law of the land. supreme court rulings are literally second only to it

[@DKNguyen3.1415]

"Golden rule: Whoever has the gold makes the rules." -Jafar

[@Fortunesfool7]

Can I waive my right to not be murdered in these EULAs? What about any other right that I have? These should not be enforceable... and if you're rich enough they aren't...

[@acbeaumo]

Didn't Steam recently change their EULA to do away with forced arbitration?

[@Sonario648]

Yeah.

[@OdinsWyrd]

Yes they did hopefully this will be the start of a trend

[@8diva8]

Good Guy Gabe

[@OutLanderUSN]

​@@OdinsWyrd don't hold your breath.

[@Kyugorn]

Rossman actually reported on that in a previous video that was almost 3 minutes long.

[@misterx420]

"You don't have rights. You have privileges. And they can take them away anytime they want!" - George Carlin

[@NoOneFPV]

The 2nd American Revolution is neigh. However, a point I'd like to make is "Unalienable Rights" means they can't be taken away or "waived" to begin with. They are indelible and unrevokable by anyone but a court of law. My question is, why isn't THAT being used in challenging this crap in the first place? Unalienable. Unwaivable. Unenforceable.

[@darklelouchg8505]

Right to Contract is the reason sir. You CAN sign away rights on a non-perpetual basis due to it. The Constitution is meant only as limit on Government, nothing more and nothing less and should remain that way.

[@R3_dacted0]

Any law that has violated the Bill of rights and/or constitution should be scrutinized, reevaluated and any parties who where part of having these violating laws instated should be receiving prison time for treason against the government and its people. It doesn't matter if it won votes or deliberations. The Bill of Rights is the Bill of Rights. It is immutable.

[@JohnDoe-qz1ql]

Yes, BUT just as you can Invoke rights you can also Forfeit them....

[@racerex340]

"It is immutable." Not if you have enough lawyers, money, crooked politicians and corrupt SCOTUS judges, the billionaire ruling class has demonstrated many times, especially over the last 15 years, that they can easily make the immutable very much mutable.

[@randomutubr222]

The 7th amendment isn’t incorporated against the states. That’s a very specific statement I just made. If you don’t understand what that sentence means, then you don’t understand the BoR or constitutional jurisprudence in this country.

[@misterx420]

"You don't have rights. You have privileges. And they can take them away anytime they want!" - George Carlin

[@CarrotConsumer]

en.m.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights

[@randomutubr222]

The piece that is missing here that most of the public doesn’t understand about the bill of rights is what is called Incorporation. When the BoR was ratified, it was only meant to apply to the federal government, not state governments. It wasn’t until the early 20th century where courts began a standard of “incorporating” provisions of the BoR against states (via their reading of the 14th amendment’s due process clause). For example, “freedom of speech” was never a thing states had to abide by until Gitlow v NY “incorporated” it against states in the 20s. And over time, more and more provisions have been incorporated. That whole business about Heller and McDondald regarding the 2nd amendment? That’s probably the one in most recent memory that is fresh in everyone’s minds: those were the cases that incorporated the 2A against states. Before that, states would have been free to make whatever policy they wanted on that topic. So here is the kicker: the 7th amendment has never been incorporated. Even the 5th amendment is only partially incorporated. That means absent a state’s constitution or a states’s law mirroring what the 7th does, they are not required to do so at present time. I’m not defending forced arbitration whatsoever and completely disagree with it. But it’s important for people to understand that the Bill of Rights doesn’t work exactly like your typical person might think. They don’t really get into these details in your high school civics class.

[@professorhaystacks6606]

As the non-majority (both dissent and concurrence) in many of those cases argued, the debate around the 14th amendment's "privileges and immunities" clause seems to pretty clearly indicate the drafters intended for it to apply amendments 1-8 (and 13, though that already included them) to the states. That courts ever considered differently (and apparently still do) rather flies in the face of it, imho.

[@JimJimmington-e8i]

What you are speaking of is exactly why the courts were added to the COTUS last. Not only that, but the very things you say are a direct symptom of tyranny: When the government doesn't care, enables it and allows corporations to not only pen laws, but to police themselves. I await the Louis Rossmann phone. The Louis Rossmann desktop computers. The Louis Rossmann coffee roasters. We need a company we can trust is my point.

[@DFPercush]

There are websites that help you find local business, products that are made in America, fair trade organizations, etc. Maybe FUTO could start something like that, with their own version of the UL label that meets a certain set of criteria and is audited regularly.

[@Littahe]

Ye best start believin' in corporatocracy cyberpunk dystopia's You're in one!

[@DeityHorus]

Yeah but it's boring and we don't have cool augments 😢

[@El_Soy]

@@DeityHorus yeah, all we have are weird freaks on hormones

[@wilberdebeer4696]

​@@DeityHorusDon't worry, the rich will in a few years.

[@CandyGramForMongo_]

It’s fun to watch Louis when he’s super engaged. Keep it up, Louis, you’re making change happen! I’m seeing your name in all kinds of places!

[@NotoriousRawDogger]

We need the EU to protect American consumers from American companies

[@PeterParkerspideypicscom]

Im so glad that as soon as a Person gets hurt you can kiss your contract clause goodbye in my country

[@pauldrice1996]

I'm not sure you can wave sombody elses rights.

[@rossmanngroup]

You can if you never had them in the first place.

[@TheFlibidy]

Apparently in th US you can. I've never heard of a case of forced arbritation in the EU though.

[@pauldrice1996]

@@rossmanngroup Rights exist independent of government, they're not some magical gift from the crown. The government can infringe upon them but they still exist.

[@clefsan]

@@TheFlibidy In the EU it's not legal to demand an arbitration agreement ahead of time, by which I mean before anything actually dispute worthy has occurred (specifics differ between countries due to being handled by national laws). When a dispute happens, both parties can voluntarily agree to have matters dealt with in arbitration (again, specifics depend on country), however due to the massive difference in bargaining power between a private individual and a large corporation, arbitration may be generally disallowed for such cases, depending on which EU-country you are looking at.

[@maji1618]

uber when you sign up: *hocus pocus, your 7th amendment is bogus*

[@bat__bat]

One guy who steals food to eat is a criminal and lives in jail. 1000 guys who steal for sport are a corporation and live on yachts.

[@brentonhancock]

3:20 - As an Uber Eats driver in Australia (hobby really not full time just to earn extra cash in this hell scape we call reality) I have to do a background check every 12 months, my car rego needs to be uploaded every 6 months, I need to take regular training sessions in the app to continue to take certain types of goods... not sure what it's like in Southern Canada but in my Country we're safe as houses built pre 2020

[@rightwingsafetysquad9872]

I'm confused. The people who should be suing Uber weren't using Uber. Why does this EULA apply at all?

[@jimbobkitty]

the real reason this is happening: last week in a neighboring city of mlne a jury awarded a gentleman 247 million for being paralyzed in a crash with a drunk driver

[@shivanandvp]

Is the drunk driver or their insurance so wealthy?

[@racerex340]

Odessa case, right? Sanchez won't get that, they never do... Look into remittitur. The driver's insurance policy is almost guaranteed to have no more than the minimum liability coverage, which is Texas is criminally low at 30/60/25, so if drivers by law aren't required to have more than $30K in bodily injury coverage for 1 person / $60K per accident, then the majority of drivers won't buy more than what is legally required. The bar he sued at most has basic liability insurance and maybe liquor liability insurance, but Texas law doesn't require much for business insurance, even though they do have state Dram shop laws that allow someone to sue the establishment that was grossly irresponsible or negligent in their serving alcohol to a patron resulting in injury to a third party. The jury awarded that silly amount knowing damn well that Sanchez nor his family are likely to even get 1% of that reward. They awarded that amount to send a message, the community is sick of absurd drunk driving rates, Odessa was ranked number one in the USA for drunk driving fatalities per capita last year, yet nothing changes. The bar wasn't certified, gave no training to staff, and they served that man 19 drinks in a single sitting resulting in a violent drunk driving crash that left Sanchez quadriplegic. The case will be appealled, and in the event that the final judgement is going to cost the bar more than a couple hundred thousand out of pocket, you can almost guarantee that if that bar owner wasn't a complete idiot, they formed an LLC which actually owns the bar, meaning the bar itself may be liable but the owners are usually not, usually leading to the LLC filing for bankruptcy, which in modern America can not only screw the injured out of the reward, but sometimes the business can change hands in disgusting and weird ways resulting in the property or business being sold/liquidated or put into receivership yet somehow the original LLC shareholder might still own it, through a family member or friend / another LLC. There is no justice in America for those who aren't worth at least $20M.

[@GGG_gaming]

Well they won’t recieve all that money, for they are given a time frame to pay that amount which extends well beyond the main person and the direct family’s life time, each state has a maximum payment limit per year, so to pay that amount would take over 100 years and by then the claimant and direct beneficiaries will be dead nullifying the need to continue the payments

[@petermuller2583]

How about we all go back to flipphones? Yeah we’ve tried the whole smartphone thing for a while, only made us dumber, sadder, poorer, literally addicted, lost us at this point a combined year of our lives at least with no benefit, makes the dystopian reality of movies come true where companies own the world and there will be only them and you (the slave), the list goes on endless.

[@hotpocketbagel]

flips are still being sold

[@1e0isfdkorblpg]

@@hotpocketbagel legitimate old school flipphones dont work on most any providers.

[@nutsberserk1]

@1e0isfdkorblpg you’re probably always gonna find android on modern phones, maybe go for a mini phone? Like a jelly star

[@tachobrenner]

​@@1e0isfdkorblpgSame costs as the old times

[@Elemblue2]

Its turning around. People I know who dont care about tech at all have grown to truly loathe their phones. They want flip phones.

[@dotslashdata]

In other news: Valve removed forced arbitration from it's TOS

[@xSPAZNSPARTANx]

It’s become that episode of south park where Kyle agrees to the apple update then gets kidnapped and gets turned into a human centipede, all because he agreed to the terms and conditions. But we’re too distracted by people who think trans bathrooms are progress and those who think trans bathrooms are the end of civilization all while we’re all getting violently shafted.

[@knc6230]

💯👏👏👏

[@TheGhostFart]

bashing both sides of the bathroom argument doesn't make you look smart you know

[@xSPAZNSPARTANx]

@@TheGhostFart then you missed my point you know.

[@bloodofthelamb13]

@@TheGhostFart The whole point is that it’s ridiculous either way. There isn’t an argument; there are 20 dudes who really, really want into women’s bathrooms while every reasonably sane trans person on earth would rather not make “other” women and children uncomfortable. The very idea of an argument is the distraction. That said, you might be dumb. You should probably stay out of grown up conversations.

[@SvenDansk7]

The bathroom thing is called a "Wedge Issue"

[@kirkanos3968]

So happy don't eat that crap food let alone pay some crazy money to bring that crap too my door.

[@Clickworker101]

What happened to America. You have to keep your company’s responsilbe.

[@FarmerRiddick]

The founders never foresaw or had any notion of Corporate Tyranny. ... well, aside from such entities that existed back then, like the Hudson Bay Company or the East India Company, or the like perhaps. There is an option available for tyranny, although I believe it was meant for Government. Oh ...Right! Corporations appear to have great influence on government. Just look at history starting around the industrial age onward.

[@CheapShotFail]

They should have read the full EULA, specifically the part that says "This agreement shall henceforth be referred to as the supreme law of the land."

[@GoddessOfTheWinds]

And this is exactly for those reasons I do NOT install apps or create accounts whenever possible, and why I also don't use things like Uber. We are in an age where almost ALL companies are there to siphon money and fuck over the users/clients. NEVER trust a company. Do not rely on companies that slave away their "employees" whenever possible. I'd rather pay a shit rate on a normal taxi that has a taxi license (even though the drivers still suck) rather than Uber that might fuck you over for other reasons.

[@Emancipatriot]

Companies want to take away our 7th amendment while police and government officials take our 4th and 5th. THESE are the issues that should be discussed in presidential debates with election a month away! And people wonder why I don’t vote. It’s like that Tupac song: they don’t give a ____ about us

[@djtonylee]

Whatever people sign with a company is surely only company policy. I dont know how a set of commercial rules takes precedent over the constitution.

[@RicardoSantos-oz3uj]

Dumb and corrupt as fuck judges. That's how.

[@BillyBobDingledorf]

It's not a company policy or rules. It's a legally binding contract. You are correct about the constitution though. The parts of the contract that violate the constitution are void.

[@djtonylee]

@@BillyBobDingledorf yes its a contract to follow their company rules.

[@TheCod3r]

Unrelated, but on the plus side, I took a sim card out of an Uber Eats order system from a restaurant that got closed down (my brother in law was contracted to empty it out). I stuck it in my 5G modem and now I'm getting a free second Internet connection, courtesy of Uber Eats. That my friends is a WIN!

[@abrahamlincoln3181]

An EULA seems more like an SNL sketch than a binding contract,maybe we are living in a simulation.

[@Fatty420]

I'm both excited and terrified at the prospect of a future with armed LG refrigerators that incorporate AI.

[@RyanMaki]

I'd like to hear Steve Lehto's thoughts on this.

[@r0b0coffee]

Wouldn't the 1925 Arbitration Act be in violation of the 7th amendment????

[@JohnDoe-qz1ql]

It does not. Maybe you should Read it??

[@BillyBobDingledorf]

@@JohnDoe-qz1ql Help us decode.

[@NatesHomeTours]

God help the UBER or LYFT driver that hits me and causes injury. I have never used either and never will. I still have my rights. I'll make sure I put them out of business with the amount I will sue them for. I don't give 2 sh.ts if someone else in my family may have used it. I didn't sign any agreement and you will never hold me to it. Than and I don't live in state that ignores our constitution, so they will be held liable.

[@CarrotConsumer]

So strong 😮

[@phlogistanjones2722]

Thank you Louis. Never Change sir. Peaceful Skies

[@billjames8036]

So lets see if I get this story right. The daughter used her parents phone and ordered something to be delivered by Uber. Then the parents were hit by that Uber or sometime later were hit by an Uber driver and Uber is saying because you or someone you know used your phone to use our services you can never sue Uber in a court of law for anything relating to Uber?

[@kickskii]

Yes, that is correct.

[@kickskii]

Their EULA includes that If you agree to the EULA any member of your family or relation or any 3rd party of yours with can't sue the company and must settle with a forced arbitration.

[@clefsan]

The guys who are now CEOs of the big corporations were probably teenagers or young adults back when Shadowrun and the other Cyberpunk style dystopian Megacorp-ruled worlds were really popular and thought to themselves: "Once I'm on the top, these will be the blueprints for the transformation of society." 🤔😅

[@normalchannel2185]

That 3rd party binding stuff in my opinion is BLATANTLY illegal. OTHER than guardians and people who have power of attorney over someone, since I DID NOT consent to that agreement, i cannot be bound if my sister did. Or if my spouse did. Because I DID NOT CONSENT, and consent is the base of contracts. If there is no consent, a contract is null and void(or voidable)

[@westsenkovec]

Third world drives from countries where traffic is terrible are, in fact, terrible drivers. Imagine that.

[@MrMoto655]

This would be an Onion article headline 5 years ago.

[@kickskii]

2019 was 5 years ago. This would be an onion article 10 years ago.

[@OteimPrincewill]

I love deregulation, let have the courts decide whether consumers deserve rights instead actual specialists in regulatory bodies MURICA MURICA MURICA🇺🇲🇺🇲🦅🦅

[@jasongodwin1319]

I recommend all citizens watch the Southpark episdoe human Cent-I-Pad. this will teach people to read everything before agreeing.

[@crabsoft]

It's crazy how far the conversation around consent has grown while the reality has backtracked. You can't consent without being informed. EULA are vague and broad enough that it's not possible to be informed by them -> even if you read them -> which you did not.

[@whodoc226]

Would love to see them try their stunts in the EU, they'd get ripped apart by the courts

[@mechanicaltypewriteroperat9885]

Anybody read Waymo’s terms and conditions?

[@infinitivez]

I will never touch a Uber again in my life.. And my local medicare transport service, uses them exclusively. This can't be legal. (I'm obviously in denial). Time to call medicare tomorrow.

[@alexusman]

How can you waive your rights by agreeing to ToS/EULA? It's not a contract as you don't sign it in any legally significant way (no digital signing was involved, it's just a database record), the best they should be able to do is terminate your access to their product.

[@StevenJAckerman]

What do you call 100 lawyers at the bottom of the ocean ? A good start. Why don't sharks eat lawyers ? Professional courtesy.

[@JohnDoe-qz1ql]

This isn't about the lawyers, it's about the corporations. You're saying the plaintiff Shouldn't have an attorney.

[@legionofanon]

​@@JohnDoe-qz1qlits an effing joke. I see you in all the comments being a 💩 and nothing you say will be taken seriously

[@Overonator]

Unfortunately the Supreme Court has decided that the Bill of Right only applies to fed, state, and local governments only, not to private parties.

[@occamsrazor1285]

Isn't forced arbitration only supposed to be for civil matters? Criminal can only be tried by a jury of your peers (or a bench trial should you waive that Right)?

[@ashidoVX]

You know what grinds my gears, the fact that I keep getting text messages from politicians seeking donations when they have done little to nothing to improve the lives of the average person.

[@AcornElectron]

America! Land of the free and home of the brave! Where everyone can be someone! Or whatever you get told you can be.

[@RicardoSantos-oz3uj]

Land of the FEE, home of the SLAVE

[@marineman54]

I don't use any other those apps. I go get my own food and drive myself.

[@aa_damant]

same.

[@Elemblue2]

You agreed to 45 contracts when you steped out the door. The act of moving signed 479. Your rights are gone, you are now property.

[@Scienceiscool-h4r]

Can you please do a tutorial on how you talk that fast ?

[@Sudgen]

I'm watching this video at normal speed and I swear to god you've sped this up to 2x before uploading it god damn louis!!

[@luisdiaz3119]

its because of automatic generation of closed captioning

[@afilthycasual9132]

Let's goooooo Louis Rossman vid instantly in my recommended, lfg!

[@afilthycasual9132]

It's completely ludicrous that Uber Eats is completely removing the ability from you, your mom, your dad, and even your dog, to sue in court. Why can't the courts overrule hidden forced arbitration in these companies TOS. This needs to happen soon or no one will have any chance in protesting or going against these companies.

[@sleelofwpg688]

These companies need 2nd amendmenting.

[@shivanandvp]

The problem with the use of 2nd amendment gun rights is that the bad people are more likely to use it first and win. If you are well trained in their use, have a gun for self defense. But large companies and countries swim in money. No heavily armed civilian can defeat a rich corporation or decked out soldiers with advanced weaponry

[@dustincarpenter1707]

That's been the carrot at the end of a string on the end of a stick on the end of the harness.

[@TwinShards]

Where are my fishy!

[@maddogOsrs]

If even 1/3 of our Congress were like Louis we would be so much better off.

[@henrybobswillikers]

fascism anyone?

[@darklelouchg8505]

No, just people who aren't lawyers talking out their arses on topics they know little to nothing about.

[@nemesis851_]

They should just say “anyone on planet earth”

[@leafykille]

Yes these rapist EULA's should absolutely require you to have a notary present for them to be valid. Any that are "agreed" to without this should be immediately declared null and void.

[@RicardoSantos-oz3uj]

True as there is no prove on who agreed to.

[@GordonRunklePhoto]

The best government money can buy™

[@Tom_Losh]

A friend of mine used to have her minor nephew install and update everything computer related becuse he understoof that stuff and she didn't. OF COURSE he simply clicked through on all those "agreements" while doing so. Since the end user never even saw the greements, and indeed they were "accepted" by a minor, I kind of wonder if they were binding to her. 😉

[@BillyBobDingledorf]

I'd be very curious as to how a judge would react. Even if it's not a minor, someone else shouldn't be able to give your rights away, though they are kind of acting as your agent.

[@BapsyGames]

The part about "Third Parties" reminds me of the "Six Degrees of Separation" thing, and effectively means that NO ONE on the Planet can sue them if you accept the EULA... It's F*%kin' terrifying.

[@davidkuznetz5406]

Couldn't forcing someone to agree to a EULA in order to use a product be considered singing a contract under duress?

[@DFPercush]

Depends on the product. If it's necessary to health and well being then I'd say yes. For entertainment and luxury items I don't think you can make the same argument. I don't make the laws though. With the caveat that it's kind of like "essential workers" - who gets to decide what's important enough to protect your rights or frivolous enough to trample them.

[@Blorfus4394]

I was applying for a new job the other day and there was a forced arbitration agreement for the fucking job application. I closed the application.

[@amandasunshine2]

EULA's used to be just "don't use our software for illegal shit, don't do weird shit with it, just use it normally please"

[@JB_019]

In theory, shouldn't these forced arbitration agreements cut both ways? Shouldn't that then preclude Disney (and all other EULA abusers) from DMCA and copyright strikes, even on third party platforms, ouside of arbitration? I bet they would change that pretty quickly if every single usage disagreement was forced through the same channels and it would honestly be kind of hilarious if that financial burden came down on them for every single perceived infraction. Does Nintendo have a similar EULA? They love copyright strikes to silence criticism and alternatives. Class action time?

[@occamsrazor1285]

I need to point out that the Bill of Rights is an explicit limit on the authority of the government. It is not enforceable between private parties (for the most part. Slavery is illegal regardless), but your right to a trial by jury is ONLY for a criminal defense. You're ultimately right in what ought to be, but not right via the specific argument you've made.

[@clefsan]

The 7th Amendment seems to explicitly grant right to jury trial for civil cases under certain conditions. Am I wrong in thinking that "civil cases" means (or at least includes) disputes between non-government parties (i.e. private individuals and/or businesses)?

[@kennethsanderson1172]

So, since I watch Louis Rossmann videos, and they are monetized, Louis Rossmann profits from them and that makes him a third-party beneficiary. Therefore, if I have an issue like this with Uber, poor Louis is out of luck! 🤔

[@Zebulization]

In the United States Family code 6710 protects minors from one-sided contracts and manditory arbitration clauses. Did the daughter call the Uber and is she a minor?

[@HowdyHowdy_]

We truly live in the worst timeline.

[@miketrissel5494]

During COVID, I had to fill out some useless paper dealing with my son. I had to prove I was married, so I scanned and sent a copy of my marriage license. My marriage license is not acceptable proof. I could have gotten divorced ... who stays married more than 2 years anyway? What can I send to prove I am STILL married? I already sent them my signed IRS 1040. I don't know, but that will not do. I took a picture of my wife and I kissing, holding the license, a calendar and the rejection letter. Ridiculous!