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[-] NeoNachtwaechter@lemmy.world 241 points 7 months ago

arguing that it’s not real consent if the only alternative is shelling out yet another monthly subscription fee

Very true, and hopefully many other verdicts will follow, like "It’s not real consent if....this or that.

This dark pattern has started to spread everywhere already.

[-] Evil_incarnate@lemm.ee 117 points 7 months ago

It's not consent if there are fifty pages of legalese to read before you press accept.

[-] disguy_ovahea@lemmy.world 63 points 7 months ago

I’m a big fan of TOSDR and recommend everyone check it out. It’s a site dedicated to translating TOS and EULA into English by attorneys working pro-bono. It’s amazing what you’ll find in some of those agreements.

[-] CosmicCleric@lemmy.world 25 points 7 months ago* (last edited 7 months ago)

I’m a big fan of TOSDR and recommend everyone check it out.

I did not know this existed, thank you!

You waive your moral rights ...

Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world.

Wow, I didn't even know it was possible to waive our moral rights, some heavy shit right there.

And I had to lol when I saw it was coming from Blizzard of all places.

Edit: It's actually a different kind of morals, not in the general public sense (Right vs Wrong) definition that we all know.

Still seems immoral though, controlling someone else's work, as if it is your own, so thoroughly.

[-] sugar_in_your_tea@sh.itjust.works 6 points 7 months ago

I'm guessing that's not enforceable per much anywhere, hence the "unless prohibited by law" part. But they stick it in there so they can scare you into giving up a legal fight. Most terms of service are throwing crap at the wall and seeing what sticks.

[-] CosmicCleric@lemmy.world 1 points 7 months ago* (last edited 7 months ago)

I’m guessing that’s not enforceable per much anywhere, hence the “unless prohibited by law” part.

My understanding is it actually is enforceable, as other companies also use that clause. Having said that, IANAL.

But they stick it in there so they can scare you into giving up a legal fight. Most terms of service are throwing crap at the wall and seeing what sticks.

/agree

[-] sugar_in_your_tea@sh.itjust.works 2 points 7 months ago

Just because everyone does it doesn't make it legal, it just means there aren't penalties for putting it in. That's why everyone goes 5-10mph over the speed limit, lack of enforcement doesn't make something legal.

[-] Crikeste@lemm.ee 3 points 7 months ago

The escorts in the comments wildin’ out. Sheesh.

[-] Natanael@slrpnk.net 3 points 7 months ago

In context it means all user content submitted in the games is effectively fully owned by Blizzard, a copyright assignment clause (this differs from the typical "we get a perpetual license to what you submit to us")

[-] CosmicCleric@lemmy.world 1 points 7 months ago* (last edited 7 months ago)

In context it means all user content submitted in the games is effectively fully owned by Blizzard, a copyright assignment clause (this differs from the typical “we get a perpetual license to what you submit to us”)

I understand what you mean now by them saying you wave your moral rights as a matter of giving up your rights to any product you create.

Still seems immoral of them to just grab your creations and claim it as their own, but "viva capitalism!" I guess.

[-] CosmicCleric@lemmy.world 11 points 7 months ago

I’m a big fan of TOSDR and recommend everyone check it out.

Also, you really should make a separate post about this, to bring awareness more widely.

[-] disguy_ovahea@lemmy.world 3 points 7 months ago

Go for it. I’m still pretty new to Lemmy. I don’t want it getting ignored because people think I’m a bot because of my new account. Lol

[-] sukhmel@programming.dev 5 points 7 months ago

I'm not sure if many will even notice that, especially if you make a post that consists of more than a link.

Thanks for mentioning TOSDR, I'm going to have an interesting read, I guess

[-] CaptKoala@lemmy.ml 1 points 7 months ago

Second this. I stumbled across this thread, and the arguments are solid, could absolutely bring greater benefit to the community as its own post in my opinion.

[-] NeoNachtwaechter@lemmy.world 15 points 7 months ago

fifty

I can hear PayPal giggling

[-] lemmyvore@feddit.nl 13 points 7 months ago

There's a core tenet in EU consumer protection law that if clauses aren't clear enough to understand by laymen, they can be challenged.

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this post was submitted on 18 Apr 2024
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