Didn't Disney try this with a Disney+ account and a wrongful death at Disneyland?
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But now they want a court to treat that click as though an 8-year-old knowingly negotiated away her right to have these issues heard. It's insulting.
In the court of public opinion, sharpen your pitchforks, light your torches, and move on Roblox HQ. This is objectively a silly argument.
Made in a court of law. Where lawyers play by different established rules. Where they are often compelled by those rules to pursue every possible avenue to get the best result for their client. Where they may be held accountable when mishandling their case. Where company execs push their own moral compass out of the way not because they believe this argument but out of a fiduciary responsibility to shareholders. It's a clusterfuck of obligations.
My gut feeling is they probably know this argument won't hold up in court. But it may just knock whatever punishment awaits them down a peg or two.
I’ll bet you it holds up.
There is no legal basis in which an 8 year old can sign and be held liable in a contract, especially for something like an Eula in a video game. Terms and agreements don't tend to hold up in court when adults break them, I can't imagine it holds up at all for a child.
Isn't there some rule that minors can't sign any legally binding contracts on their own behalf?
You as an adult technically can't sign away certain things and ToS that try to enforce that are invalid. Can you fight it though? Can you afford to fight it?
I wonder what would happen if tens of thousands of parents brought them to small claims for the maximum amount.
Some lawyers would argue that it should be a class action and get some judge to agree. Most of the families would sign on to the suit because they cannot afford lawyers nor the time off of work to pursue the case. Then the company would settle the class action suit for a pittance and each family would get $1.17.
Was it the same lawyer that argued using a free trial of Disney plus meant they couldn't sue disney for anything ever? Same ghoulish vibes
After reading this article I looked up what arbitration is in the US judiciary system and as a guy not from the USA I was quite surprised that a clause in a contract/agreement can basically strip you from your basic right to defend your rights in court. I wouldn't want to criticize an institute of another country, but let's say that was unexpected.
Yikes... she took her own life? There was definitely much more going on than a video game
Probably, but there's no guarantee. She wouldn't be the first teen to kill themselves over something that seems inconsequential to adults.
In what world is an 8 year old a “teen”?
Edit: I’m an idiot.
It is not unheard of for twisted individuals to goad vulnerable individuals, specifically kids/teens, into killing themselves. I don't have any specific links but in the USA I'm pretty sure I've recently read about young men being charged for doing this exact same thing, convincing young girls to kill themselves.
I'm not a lawyer nor do I know the details of this exact case but if it is a similar situation and the parental controls provided weren't capable of alerting the parents or didn't stop the communications I can see the parents wining maybe.
Roblox is a gaming platform with significant social features. The lawsuit's claim seems to be that the parental controls and moderation should have prevented the child from joining a group dedicated to glorifying school shooters and interacting with the presumably horrible people there.
Yes, there was almost certainly more going on. This poor girl was as likely as not a victim of this person or another member of the organization he belonged to. They make a sadistic sport of torturing people online, usually young girls.
According to prosecutors, Spitze claimed online to have "groomed" more than 2,600 victims in the United States and overseas. Prosecutors said two of his victims ultimately took their own lives, believing "they would never be rid of his evil."
While anyone can be targeted, members of 764 and similar online networks often target underage females, first befriending them and then using threats, blackmail, and other forms of manipulation to extort then into sharing or live-streaming acts of pornography, self-harm, animal torture, and even suicide, according to authorities.
Recordings of such so-called "content" is then used to further extort victims and is often shared widely online to boost the perpetrator's status within 764-related communities, authorities say.
In the US, a minor cannot enter into binding contracts without the parents co-signing, and the T&Cs argument here is almost certainly going to be rejected by a court. They are just throwing spaghetti at the wall and being corporate litigation counsel - i.e., leaving no hour unbilled.
I'm not a lawyer but I would think that no matter the age the family would still be able to sue because they didn't give up their rights
Honest question, trying to make it in good faith: would, in another scenario, an eight-year-old be able to sue someone? Lawyers are always being retained for $1 in the movies. Say a little girl (aged 8 as in the example) runs a lemonade stand and has access to a dollar. She has a grievance that can be remedied by a lawsuit. Can she go to a lawyer, get an appointment, be represented for $1 (assuming that is legal; if it's not let's set aside the matter of cost) and have the lawyer litigate on her behalf? Or would she need to involve her parents? Say they have no knowledge and the lawyer does not contact them, he just goes to court and files on behalf of the 8-year-old child. Let's say it's civil, like a property thing, but something she owns and can show she bought with her money, being infringed against. Would that even work?
Honest question, trying to make it in good faith: would, in another scenario, an eight-year-old be able to sue someone?
No.
Or would she need to involve her parents?
Yes. Children can't sue without their legal guardians, and they can't even sign the contracts alone that the lawsuit would be attached to.
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