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Morning Consolidation

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15. Re: Morning Consolidation Dec 8, 2011, 17:00 Beamer
 
Dades wrote on Dec 8, 2011, 16:55:
Beamer wrote on Dec 8, 2011, 15:18:
But no attorney can say it's not enforceable right now, and no one has a reason to challenge it just yet. It's a stupid thing, but so what? What have you lost for it? Right now, nothing at all. It isn't until you need to sue that there's a legal reason to challenge it.

That is extremely poor logic.

People are being deprived of an opportunity to hold a corporation responsible through a class action. Most people cannot afford the legal burden required to hold a large company responsible on their own, that is why class actions were required.

You're not, though. You're being told you're being deprived. If I tell you that you're not allowed to go to Neptune am I depriving you of something? No. But if you manage to build a rocket that can transport you to Neptune and I try to stop it, then I'm depriving you of something.

Right now you have no damages. None. Nothing monetary. Nothing emotional. Nothing at all.

Weird crap appears in contracts all the time. Nothing is litigated until it matters. Like I said, no attorney will ever read this and turn to his client and say "oops, to arbitration we go." Zero chance of that. He'll file the class action lawsuit, same as ever, and let the judge sort it out. And, given the way this was handled by Microsoft, I'd be shocked and amazed if it actually got denied, as it's never actively agreed to (unlike a cellphone contract which is signed.)

Also, no user will ever say "damn, I can't sue." For one, that would assume the user is even aware of this (he isn't), for another it would assume he cares what it says (he doesn't.)
 
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Previous Post Next Post Reply Quote Edit Delete Report
 
    Date Subject Author
  1. Dec 8, 12:09 Re: You can't opt out of the "no class-action" Xbox 360 TOS update after all mch
  3. Dec 8, 12:36  Re: You can't opt out of the Verno
  2. Dec 8, 12:16 Re: Morning Consolidation winnetou
  22. Dec 9, 21:13  Re: Morning Consolidation Ant
  4. Dec 8, 12:44 Re: Morning Consolidation avianflu
  5. Dec 8, 12:49  Re: Morning Consolidation Verno
  6. Dec 8, 13:55   Re: Morning Consolidation theyarecomingforyou
  7. Dec 8, 14:27    Re: Morning Consolidation Beamer
  8. Dec 8, 14:32    Re: Morning Consolidation LittleMe
  9. Dec 8, 14:48     Re: Morning Consolidation theyarecomingforyou
  10. Dec 8, 14:48     Re: Morning Consolidation mch
  11. Dec 8, 15:11      Re: Morning Consolidation Zarkonis
  12. Dec 8, 15:18       Re: Morning Consolidation Beamer
  13. Dec 8, 15:35        Re: Morning Consolidation theyarecomingforyou
  14. Dec 8, 16:55        Re: Morning Consolidation Dades
>> 15. Dec 8, 17:00         Re: Morning Consolidation Beamer
  16. Dec 8, 17:33 Re: Morning Consolidation Dades
  17. Dec 8, 18:08  Re: Morning Consolidation Beamer
  19. Dec 8, 20:44   Re: Morning Consolidation Dades
  20. Dec 9, 10:36    Re: Morning Consolidation Beamer
  21. Dec 9, 11:17     Re: Morning Consolidation Dades
  18. Dec 8, 19:32 Re: Morning Consolidation Ruffiana


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