Did your Roku TV decide to strong arm you into giving up your rights or lose your FULLY FUNCTIONING WORKING TV? Because mine did.

It doesn’t matter if you only use it as a dumb panel for an Apple TV, Fire stick, or just to play your gaming console. You either agree or get bent.

  • @Gork@lemm.ee
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    2399 months ago

    Smart TVs were supposed to be better than dumb TVs.

    Now it’s the complete opposite.

    • @Technus@lemmy.zip
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      1749 months ago

      Worst part is, now you can’t find a dumb TV anymore. The closest thing out there are “commercial signage displays” which are just dumb TVs with limited inputs and usually without remotes, but 25-50% more expensive because “commercial” (and because they won’t be able to continue making money by showing you ads and selling your data) and a lot of retailers won’t let you order one without a business account, or force you to order in bulk.

      And every Neanderthal I complain to is like “but smart TVs have so many more features,” like, bro, I can make any TV the smartest fucking TV in the world by plugging it into the desktop PC I’m gonna keep right next to it anyway. All the “smart” bullshit just gets in the way. I’ve yet to encounter a smart TV UI that didn’t require a dozen button presses to change inputs and spend two seconds or more re-drawing the UI with EVERY INPUT because they put the cheapest processors they can find in these pieces of shit.

      • @mean_bean279@lemmy.world
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        679 months ago

        Commercial displays cost more because backlight testing and ratings double or triple. You’re paying more for longer uptime since your display is likely to run 12+ hours a day straight and not for 1-2 hours a day with an occasional 8+ hour usage. You’re also paying actual cost, but a lot of it really has to do with testing and materials that are built to survive consistent and frequent usage, plus centralized management. Lots of people assume it’s the same shit, but it’s completely different and it shows when you buy a consumer off the shelf display and put it in production.

            • cheesepotatoes
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              I mean, thanks for the link but, if you actually try to find it on Amazon for example it doesn’t exist. So that’s not terribly helpful.

                • @laughterlaughter@lemmy.world
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                  139 months ago

                  No, the 65 inch 4K TV is three times cheaper because of the smart features. They sell the data they collect from you, and the ads.

              • Herbal Gamer
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                39 months ago

                The thing is 5 years old so that’s hardly surprising. I just googled 65 inch monitor and this was the first hit.

                • @barsoap@lemm.ee
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                  59 months ago

                  Just checked Geizhals and apparently there’s none currently, the largest is the HP Omen X, 64.5". Close enough though I’d say. There’s 55 monitors 46" and higher but only 7 52" and higher.

                  At that size I’m obliged to ask if you don’t want a projector instead.

            • @acosmichippo@lemmy.world
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              9 months ago

              as a projector owner myself, i would not say “so easy”. they are a lot more work to set up, are more unsightly in living spaces, require light control, require more maintenance and cleaning, and even after all that the picture quality is still never going to approach a decent HDR panel. It’s only really worth it if you need/want a 100”+ picture, otherwise you’d be better off with an 85” TV.

        • @jjsca@infosec.pub
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          109 months ago

          Show me a 50 inch computer monitor with speakers and multiple hdmi inputs, and I’ll agree with you.

              • @barsoap@lemm.ee
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                29 months ago

                Skipping the first couple because they’re ultrawide (probably not the best for TV usage) the cheapest one is the GIGABYTE AORUS FO48U. 2xHDMI, 1x DisplayPort, 1xUSB-C, about a thousand euroons. Expensive? Well, it’s OLED. So is the equally-priced LG UltraGear OLED 48GQ900-B, Three HDMI plus DisplayPort.

                Also they’re not dumb TVs they don’t come with tuners, a PCIe version will run you about a hundred bucks, plus the rest of your media server. Or something like 20 bucks (seriously) for a receiver, more like 60 if you want a triple-tuner (DVB-C/T2/S2) that runs Linux (double-check that the bootloader is unlocked, though, can’t be arsed to). And yes of course they’re more expensive they’re not cross-financed by showing you ads. Do you want a TV or a billboard?

      • @Seasoned_Greetings@lemm.ee
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        159 months ago

        I’ve heard that if you want a dumb TV, you buy a smart TV with input priority on the hdmi and never connect to the internet.

        How accurate is that?

        I wouldn’t know, as I’ve been blessed with a couple of dumb tvs from the golden age of dumb tvs for the last 10 years.

        • @moody
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          229 months ago

          Some smart TVs need to be connected before they’ll even start.

          The key thing is to make sure you look into that stuff before you buy.

          My TV is from the before days, and when it dies I’m not sure what the plan will be. Possibly a large monitor at 3x the price.

          • @grue@lemmy.world
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            129 months ago

            The key thing is to make sure you look into that stuff before you buy.

            Or better yet, buy it and then return it as defective, ideally repeatedly and gathering a whole bunch of other people to do the same en masse, until companies start losing so much money on this shit that they’re forced to be less shitty.

              • @Spiralvortexisalie@lemmy.world
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                59 months ago

                Found the youngster or missed a sarcasm tag. I remember a time when my 50 inch was considered leading class for weighing “only” 60 lbs, my tvs before that one all weighed over 100 lbs (CRTs). I literally unironically can throw most tvs upto 65 inches just over my shoulder, and if the boxes weren’t so awkwardly big I could carry a few at a time. TVs may be a lot things but not heavy, most 43 inch tvs are under 20 lbs now.

          • @natebluehooves@pawb.social
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            49 months ago

            My hisense google tv connected to an open wifi network and updated without being told to. The update broke CEC and hdmi arc. I cannot adequately express my rage at this moment.

      • @Fisch@lemmy.ml
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        59 months ago

        What I don’t get about smart TVs is why you can’t use it with your phone. That’s one of Kodi’s best features. You can just type using your phone keyboard. Typing with a TV remote is a fucking NIGHTMARE.

      • @SpaceCowboy@lemmy.ca
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        29 months ago

        Can’t you plug in your computer into an HDMI port and simply not use the “smart” features?

          • @SpaceCowboy@lemmy.ca
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            29 months ago

            That sucks. I guess I gotta keep my TV running as long a possible then. It’s a smart TV, but I can change ports without the smart features. In fact the smart TV part of it is basically like another port, but I have set to use HDM1 as the default when starting up and I never have to look at the smart interface. TV is over 5 years old now, the smart interface probably runs like shit by now.

        • @Tja@programming.dev
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          29 months ago

          Yes, you absolutely can. Or you can use pihole to block ads/updates. Or you can use a raspberry pi with kodi. Or a streaming stick. Or you can use it normally.

          Just make sure you buy from a store with a return policy that let’s you test the TV for your use case. Which in the EU is any online retailer, for 14 days.

          • Redjard
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            19 months ago

            There are tvs that wait a month before giving you a big manually dismissed popup about not being connected to the internet.

      • @Tja@programming.dev
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        9 months ago

        So anybody who doesn’t have A FUCKING DESKTOP PC near their TV is a Neanderthal?

        I have a smart TV from 2019 and it runs perfectly fine, it’s snappy and convenient. Switching inputs requires 2 button presses (3 if you don’t want to wait 3 seconds to auto-switch to the selected one) or I can automate it with home assistant for a “movie watching” scene for instance, for 0 button presses.

        Plus you seem to completely misunderstand what digital signage TV are.

    • SeaJ
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      I have always opposed smart TVs. Most of my reasoning is because the UI is almost always dogshit slow because the hardware and software is thrown in as an afterthought. But I’ll add this to my reasoning for not getting a smart TV.

      A signage TV with a streaming stick/box is perfectly fine for what I need. Jellyfin does not care what I’m playing.

      Edit: Also, I did not even notice that there was no option to reject this. It is just a close button. There is no way this shit is enforceable.

      • @BothsidesistFraud@lemmy.world
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        19 months ago

        I haven’t looked into it, but there’s got to be some open source firmware for a lot of these TVs, right? To improve the UI and remove all spyware and bloatware?

    • @grue@lemmy.world
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      199 months ago

      The worst part is that all these Smart TVs run Linux, whose GPL license was explicitly designed to prevent this sort of user-hostile bullshit. Unfortunately, because the Linux contributors decided to stick with version 2 of the license instead of converting to version 3, it’s stuck with a loophole that allows companies to get away with this abuse.

      It’s a goddamned travesty.

      • @tabular@lemmy.world
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        9 months ago

        The GPL ensures user software freedom for us to remove this crap by requiring them to share their source code. Using Linux doesn’t mean they have to follow the GPL unless they make modifications to it.

        You need every software contributors to agree to a license change unless the license gives an upgrade option. Most contributors had no choice but to use GPLv2 as it wasn’t “GPLv2-or-later” to start with, maybe it was posdible at one point but they didn’t want to anyway.

        • @grue@lemmy.world
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          79 months ago

          The GPL ensures user software freedom for us to remove this crap by requiring them to share their source code. Using Linux doesn’t mean they have to follow the GPL unless they make modifications to it.

          That’s not quite the issue.

          First of all, the GPL requires you to make the source available if you distribute the software, whether you modify it or not. And in fact TV manufacturers do provide source code, if you dig through their websites to find the disused basement lavatory with the sign saying “beware of the leopard.”

          Second, the issue is that the source code isn’t actually going to work if you try to compile it and install it on the device, because they have DRM to prevent anything other than what the manufacturer has cryptographically signed from being allowed to run. See also: Tivoization.

          • @tabular@lemmy.world
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            39 months ago

            That’s correct. My response was intended to point out proprietary software can run on Linux and GPL doesn’t apply.

            I have read arguments in favor of GPL v2 over v3 and found them unconvincing.

          • kingthrillgore
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            09 months ago

            Linux will never go to GPLv3 because Linus is pussywhipped by the Foundation and it’s sponsors

    • Max-P
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      79 months ago

      I wish there were dumb options but since they’re all subsidised with loads of ads, they’re either unaffordable or plain unavailable. They just don’t make them for the consumer market anymore, there’s no demand for it. So they took advantage of that and market the dumb TVs as business TVs at huge markups, like 5+ grands for basic 4K no HDR no VRR no nothing, and they won’t even sell it to you without a registered business account.

      • @WetBeardHairs@lemmy.ml
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        69 months ago

        Those displays are not televisions - they are for menus at restaurants. They cost a fortune because they are low volume, high reliability devices that come with service contracts and repairable components.

    • @Frozengyro@lemmy.world
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      29 months ago

      Technology in general is supposed to make our lives easier. It seems many things these days do the opposite.

    • @Iamdanno@lemmynsfw.com
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      19 months ago

      They are better, but you foolishly assumed that they meant better for the consumer, not better for the seller.

  • Toes♀
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    1379 months ago

    I think you’re qualified for a full refund in most regions if you disagree with the new terms.

  • Dave.
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    1199 months ago

    Send them a letter via registered mail stating that upon receipt of said letter they waive their right to waive your rights.

      • Dave.
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        89 months ago

        Similar things have worked in countries that aren’t so under the thrall of the mighty corporation. I recall some guy in … Russia? who struck out and reworded a bunch of penalty clauses for a credit card offer he got and mailed it back to the bank, which accepted it and issued the card. Cue much hilarity as he racked up a bunch of charges and then got it thrown out in court. (Actually, here’s a link.. They eventually settled out of court for an undisclosed sum.)

        Anyway, I live in Australia so my response to all these kinds of attempts at removal of my consumer rights is a drawn out “yeah, nahhhh”

  • @corymbia@reddthat.com
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    1139 months ago

    NOTHING SUSPICIOUS HERE. DO NOT FEAR. SIGN AWAY FUTURE LEGAL PROTECTION BECAUSE THERE IS NOTHING TO FEAR.

  • @catbum@lemmy.world
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    1019 months ago

    Just an FYI, although they aren’t physical products like this Roku, many apps and digital services have added the very same binding arbitration clauses recently.

    The McDonald’s app for one. I ended up deleting the app after it tried to force me into binding arbitration and I didn’t want to go through to opt-out process for marginally cheaper, shitty food, so I just deleted the app altogether and haven’t eaten there since November.

    Watch out for it if you drive for doordash or ubereats as well. I opted out of both, although they claimed you couldn’t opt out in an new contract when you didn’t before (a bunch of BS, if the current contract you are about to sign says it supercedes all others, you can’t make the lack of an opt-out on a previous contract hold up).

    On-going services might make sense for these shitty enough clauses, but to be strong armed into it for physical product you bought free and clear … Disgusting.

    It’s like all these companies are locking themselves down to minimize legal exposure because they know that their services and products are getting more awful or something.

    • @BothsidesistFraud@lemmy.world
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      59 months ago

      I legit don’t know how binding arbitration can be legal.

      Agreeing to terms of actual usage of the product, I understand. Like for a pogo stick, assuming your own risk of injury.

      But I don’t know how they can legally just say that suing is impossible.

  • @palitu@aussie.zone
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    849 months ago

    I do not think that this can be legal, if you have already agreed to terms.

    Surely they can just say from now on, thing you have used for a year is not usable unless you promise not to sue us.

    Surely that ship has sailed?

    • @theherk@lemmy.world
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      159 months ago

      Pray they don’t alter them any further… or we’ll all end up riding a unicycle in a pink dress.

    • @ipkpjersi@lemmy.ml
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      39 months ago

      Where I live, the way contract law (at least in regards to employment) works is generally you can’t alter terms (by imposing additional restrictions) after both parties have agreed to it unless there is some form of compensation provided for the restricted party in exchange for agreeing to those additional restrictions.

    • @MeanEYE@lemmy.world
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      19 months ago

      EULAs are a magical playground in USA. If you agreed in initial terms that they can change this document in future with or without notifying you, then they are within their rights to change it.

  • Eh?
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    779 months ago

    “My child, a minor, clicked agree when trying to use the TV I paid for. I have never seen this EULA.”

  • @locuester@lemmy.zip
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    769 months ago

    Did you read it? That first paragraph’s last sentence refers you to the section which tells you how to opt out.

    L. 30-Day Right to Opt Out. You have the right to opt out of arbitration by sending written notice of your decision to opt out to the following address by mail: General Counsel, Roku Inc., 1701 Junction Court, Suite 100, San Jose, CA 95112 within 30 days of you first becoming subject to these Dispute Resolution Terms. Such notice must include the name of each person opting out and contact information for each such person, the specific product models, software, or services used that are at issue, the email address that you used to set up your Roku account (if you have one), and, if applicable, a copy of your purchase receipt. For clarity, opt-out notices submitted via any method other than mail (including email) will not be effective. If you send timely written notice containing the required information in accordance with this Section 1(L), then neither party will be required to arbitrate the Claims between them.

    • RubberDuck
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      649 months ago

      It would be hilarious if a lot of people did this. And requested confirmation of receipt, and kept stalking them for these confirmations.

      Maybe the letter should be on a0, and a separate one for each member of the household.

      • @CosmicTurtle@lemmy.world
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        439 months ago

        I’ve requested confirmation and have only gotten it once or twice.

        What I’ve started doing is actually just sending them their same exact terms via their corporate registered address (regardless of their instructions) with the arbitration clause and jury trial waiver and just about anything I don’t agree to removed. I tell them so long as they continue to provide the services to me, that they implicitly agree to the terms I’m sending them, with any further updates requiring them to send a registered (not certified) letter.

        I intentionally do not provide any way for them to identify my account except for the return address.

        I figured if I ever had to go to court, one of these things would happen:

        • judge finds that the original terms are enforceable, which means I’m no worse off
        • judge finds that my amended terms are enforceable, which means it worked
        • judge finds both terms unenforceable and I can continue to sue them

        So far, no company has ever written me back or turned off my access to the site.

        I suggest everyone do this because these forced arbitration clauses are very anti-consumer and we need to start clawing back our rights.

      • @swearengen@sopuli.xyz
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        I’m definitely doing it. Worth the cost of a stamp.

        I don’t even have a Roku TV just an Ultra hooked up to a monitor so not a lot to lose but it’s the principal of the thing.

    • @SkyNTP@lemmy.ml
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      589 months ago

      Any reasonable judge will look at this clause and come to the conclusion that Roku is not acting in good faith. It’s so blatantly scummy to have a user have to mail in an opt out request on a consumable’s EULA update that the consumer never asked for long after the initial purchase.

      • @scarabic@lemmy.world
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        219 months ago

        It’s enraging because information like the account email and TV model are sitting there available to the Roku OS. These could easily be appended to an email at the touch of a button, or transmitted to Roku Legal in an even more efficient programmatic way.

        But noooooo, they need to force you to write the shit down with a pen because they know you won’t bother. Next time they want to sell you something, though? That’ll be one click.

        I’d love to see a judge throw the book at some company for this kind of horseshit. Last time I refinanced my house I saw the page about opting out of marketing somewhere in the cloud of papers I signed, and meant to go back to it. I did, but it had such a complex table of options that I said to myself “I need to look at this with my glasses.” And then of course I forgot to do that and of course they sold my information everywhere. This is my own credit union that I’ve been with for 12 years, too.

    • @Croquette@sh.itjust.works
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      329 months ago

      That’s an overly complicated procedure to opt out.

      You gotta opt in, then send a fucking letter with a bazillion nitty gritty information.

      First of all, shit like this should be made an example of, and it should as easy to opt out than to opt in. Otherwise, it is predatory

    • @secundnature@lemmy.world
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      9 months ago

      What an absurd burden to put on someone. If I can opt in electronically, I should be able to opt out electronically.

    • @dakial@lemmy.world
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      109 months ago

      In my pro consumer country there is an amazing law that states that any contract cancellation procedure cannot be more difficult than the contract sign-up procedure. This means it can’t be through different channels or have more steps.

    • kingthrillgore
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      I know what I’m doing tonight. Once I have the letter with all the details in alignment I’ll post an update here to help others.

      • @PigsInClover@lemmy.world
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        49 months ago

        Before I even finished reading that comment I thought, “Fuck. Ken Paxton would probably just take it as inspiration to accept money from Roku.”

        Congrats to those in other states though. I am envious.

    • @Simulation6@sopuli.xyz
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      69 months ago

      Good advice, depending on state. I think there is something in MD law that says you can’t sign away your legal rights.

  • @laurelraven@lemmy.blahaj.zone
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    749 months ago

    I just got that on my Roku device and clicked through it without even realizing because it was the exact type of pop-up and position and timing as when it informs me that the micro SD card has successfully mounted, and it took my brain a second to register that 1) the pop-up was much larger, and 2) I briefly saw a word that looked like “arbitration”

    How can this be a legally enforceable contract?! Especially considering if I didn’t agree, my device that I’ve already paid for and have been using would cease functioning and they sure as hell aren’t going to refund my purchase from years ago if I refuse

    • @swearengen@sopuli.xyz
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      How can this be a legally enforceable contract?!

      I’d like to think it can’t be but it’s the US so who knows.

      Changing the terms after buying the device and in a way that your kid could accept them by hitting ok on the remote is bonkers.

      • @WhatAmLemmy@lemmy.world
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        Yeah, that’s some dystopian neo-feudalist horseshit I’d only expect to fly in a bunch of the world’s most corrupt shit holes, including the USA.

    • Bizarroland
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      19 months ago

      You could conceivably have a basis for a lawsuit against them if you do not agree to the binding arbitration for their disabling of the hardware that you had purchased from them.

      However, do not forget that binding arbitration is still a legal process and does require them to treat it with the same gravity as a court trial would otherwise require, so even if you have agreed to The binding arbitration limitation, should something go awry you still have grounds and a space to take them to court, and in many cases, binding arbitration is much faster and more convenient for all parties than using the court system.

  • @Sami_Uso@lemmy.world
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    699 months ago

    I got this yesterday, as well. There’s no way this could hold up legally, right? Like my 7 year old could easily just click through that, no way this is a legally binding contract to forfeit jury rights and right to sue.

    …right?

  • Magnor
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    629 months ago

    The fact that this is actually legal makes me glad to live in the EU. Damn, this shit is bleak.

    • @Patch@feddit.uk
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      409 months ago

      It probably isn’t legal most places. EULAs are already considered fairly flimsy in terms of enforcement, but changing an EULA after you’ve already bought a device, in such a way as to reduce your statutory rights, is almost certainly a complete non-starter.

      • @MeanEYE@lemmy.world
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        9 months ago

        Watched the other day video about always online games being terminated and Ross, guy behind “Freeman’s mind” is starting world wide legal action against Ubisoft and some others. He talked specifically about EULAs in US and they are like promises from god. If you accept them suing the company for anything covered there becomes a nightmare. Here’s a link. It’s a bit longer watch, but worth it. But in short, in USA what can be written in EULA is almost unlimited. Example he gave was that you can accept for game developer to have the right to kill your dog if you buy their game and they would have a complete right to do so, you wouldn’t be able to call the cops on them for animal abuse until you disproved and had EULA brought down on court first.

        Document he’s linking to which describes this whole mess in regards to games and pre-orders and similar. But also touches on EULAs.

      • @pleasejustdie@lemmy.world
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        79 months ago

        IANAL, so take this with a grain of salt, but from my understanding, Its legal, though it may be unenforceable. If I want to sue them, they will say I agreed to arbitration in the contract, I will ignore that and continue to file. They will counter-file that I agreed to arbitration by accepting the EULA and that the case should be dropped, I will counter-file that I only agreed to it under duress because it was either agree or throw away my TV and that the arbitration clause is invalid because of X, Y or Z. At this point either the Judge will decide to listen to arguments from both sides then make a decision or will decide based on the undisputed facts presented by both sides and will either invalidate the EULA and allow the lawsuit to continue, or will uphold the EULA and drop the case with prejudice, or will allow me to make another argument and drop the case without prejudice allowing me to re-file with a better case.

        The issue is, is it worth it to spend that kind of time and money for it in the first place? If you don’t have an open and shut case and can’t file in a state where you can make Roku pay the legal fees, in general whatever you’re trying to accomplish will cost you more than just getting off their ecosystem, which is what they are counting on. Since you would have to sue them just to see if you can sue them, it just adds extra time, money, and effort into suing them that it is more likely to deter people from actually suing and instead choosing to arbitrate under their terms which, depending on the ethical considerations of the company, could be fair or it could be heavily skewed in their favor. At which point you can decide at that point if you should sue and then will also have any evidence acquired about an unfair arbitration in the filings as well.

        Either way, the legality is perfectly legal to be in an EULA, its enforceability though is mostly only backed by how much time, money, and effort it would take to bypass it. Like if there is an open door with a sign saying “Please use next door” and the next door leads to the same place as the open door. Most of us will just use the next door because its not worth the effort to deal with whatever issue might occur if we used the open door. But if the “next” door is locked, we’d just go in the open door because its no longer worth the effort to deal with procedures the company wants.

  • Refurbished Refurbisher
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    629 months ago

    Pretty sure EULAs are unenforcable in the US since nobody can reasonably be expected to read every single one of them for every one that they agree to.

    • VindictiveJudge
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      399 months ago

      I think it’s more that you have to purchase the item before you can agree to the EULA. That said, it’s extremely rare for anyone to try and challenge them in court, and when they do they pretty much always settle so the court can’t actually demand any changes to EULAs.

      • @MeanEYE@lemmy.world
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        09 months ago

        Analysis of how EULAs are reviewed by courts depends primarily on whether the particular EULA is determined to be a contract for the sale of goods, and thus governed by the terms of the UCC, or whether it is a contract for services, and, accordingly, governed by the common law.’ Although it may be of little practical import (because even those contracts governed by the UCC can be modified to waive a consumer’s traditional Article 2 inspection and rejection rights), it is important to understand the framework by which software-and by extension videogames - are analyzed by courts in the United States.

        From the document Rated “M” for misleading.

      • @mods_are_assholes@lemmy.world
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        89 months ago

        Its more complicated than that, EULA’s can’t require an illegal act, i.e.: If you don’t kill your cat you can’t use our service.

        So they’re not perfectly binding if they don’t follow state and local law.

        • @MeanEYE@lemmy.world
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          19 months ago

          While true, it would be up to you to prove their EULA is requiring an illegal act and then win that court case. Only then you could go after them for killing your cat. By the time you are done with legalese you are already broke and your cat is dead.

    • @MeanEYE@lemmy.world
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      09 months ago

      In USA, they can supersede laws in some cases. Technically they can’t but you’d have to prove they do before you can sue the company. If you agreed in EULA that Roku can kill your dog if you stop paying for their service, they are within their right to do so. You’d have to go to court to free yourself from the EULA obligation first before Roku can get any punishment for killing an animal. Incredibly stupid.

    • @zarkanian@sh.itjust.works
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      -269 months ago

      Yeah right lmao

      So, all these companies are wasting money getting their lawyers to write up (and maintain) these documents that we all have to agree to, but they’re totally unenforceable because… they’re too wordy?

      If you believe that, I have a bridge to sell.

      • @cogman@lemmy.world
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        439 months ago

        Yup.

        Because here’s the thing, lawyers are super expensive and these corporations have in house lawyers for handling anyone that wants to sue. They’ll happily argue the validity of the EULA because they know just getting through the pretrial phase will cost you tens if not hundreds of thousands of dollars.

        Corporations have weaponized this fact at every chance they get.

        It’s the exact same reason why companies in California and other states make employees sign noncompetes, even though they are explicitly unenforceable. It’s so the company can financially punish you even if you are in the right.

        • Refurbished Refurbisher
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          9 months ago

          This is what I like to call “bullying”. I don’t think anyone should be able to hire private lawyers. All lawyers, no matter how rich you are or if you’re a corporation, should be public and randomly assigned dictated by a random number generator and a publicly viewable algorithm IMO.

          The US has the right to a fair and speedy trial in its constitution. Current litigation is niether.

          • @mods_are_assholes@lemmy.world
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            89 months ago

            The only argument i have gotten against this is “But what if I get a shitty lawyer? I should be able to pay what I want for the quality of lawyer I desire.”

            It doesn’t seem like a strong argument to me but to those who use it as a reply it seems rock solid?

            • @cogman@lemmy.world
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              39 months ago

              The other route that could work is public civil defenders. It requires the government to properly fund and staff, but having a legal firm sponsored by the state willing and ready to take up cases would mean that the private entities can still get their lawyers but they can’t steam roll over someone that doesn’t make $500k a year.

              Of course, there could be corruption issues. I wouldn’t want the lawyer on my case being drinking buds with the lawyer on the opposing side.

              • @mods_are_assholes@lemmy.world
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                29 months ago

                This is a good compromise but frankly I think all lawyers should be government employees assigned by the court with 3rd party independent oversight.

                Its not perfect but it is better than ‘if you are rich you will likely win or just drive your opposition into poverty’.

            • @kofe@lemmy.world
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              19 months ago

              Can’t you request a new lawyer if you feel yours isn’t representing you well? Or appeal based on that?

        • @mods_are_assholes@lemmy.world
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          19 months ago

          t’s so the company can financially punish you even if you are in the right.

          This doesn’t make sense to me. If it’s unenforceable, what happens if you just ignore any demands from the suing company?

          • @108@lemmy.world
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            59 months ago

            Welcome to the US system of justice it’s shitty all over and built for the rich to tap dance around.

              • @108@lemmy.world
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                19 months ago

                Makes me wonder what eating a cow that has eaten delicacies its whole life would taste like

                • @mods_are_assholes@lemmy.world
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                  19 months ago

                  Chewy and bitter especially close to the skin, and gamey depending on diet. The more meat, the more gamey. I wonder what vegetarians taste like.

          • @Patch@feddit.uk
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            39 months ago

            If a company takes you to court, you can’t just decide to ignore them. Either you/your representative turns up on the designated court dates and presents a case, or you’ll most likely lose by default.

            If it was possible to make a court case go away just by ignoring it then everyone would just do that.

              • @Patch@feddit.uk
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                9 months ago

                An EULA is nominally a binding contract, in the sense that it is presented as such. No court has ever ruled and given precedent to the effect that EULAs are universally non-binding (because companies have always settled out of court for cases where it looks like they’re going to lose).

                It is well understood that the arguments against EULAs being binding are solid ones, and that the reason why so many cases settle is because companies are not confident of winning cases on the strength of EULA terms, but you still need to go through the rigmarole of attending court and presenting your defence case. That’s how court cases work.

                Edit: And perhaps more to the point of the OP, if you want to sue a company over some defect or service failure, it’ll be them who introduce the EULA as a defence, and it’ll be for you/your lawyers to argue against it. Which adds complexity and time to what might otherwise have been a straightforward claim, even if you win.

          • @cogman@lemmy.world
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            19 months ago

            You get sanctioned and maybe even thrown in jail.

            You HAVE to participate and pray that the judge in the case is willing to listen to you arguments for dismissal. If you don’t do that much a judge is free to issue punishments for not participating. Sanctioning can be as bad as fines but could further be things like “Ok, you’ve failed to participate so we are going to assume you are guilty” (Which, btw, is what happened to Alex Jones. He did not participate in discovery in any of his cases and so got a default judgements in multiple cases).

            If the judge decides that there is any sort of merit (and the standard for that is really low. Cases almost never get dismissed) you enter the most expensive part of trial, pretrial and discovery. This is where both sides get to see each others documents on the case and lawyers spend countless hours filing pretrial motions with the court. This is something that can literally last years and even decades, especially in civil matters which take a back seat on the docket to criminal cases. Generally speaking, this is why people and companies tend to settle. It’s a cost saving measure because making you way all the way to trial can easily dwarf the cost of settlement.

            This also, btw, is why patent trolls are so effective. They’ll often ask for an amount low enough that most companies will just pay the fees yet high enough to keep them in business. Even if the patents themselves are potentially invalid.

            Yes, it doesn’t make sense. In fact, a big issue is that we don’t have any sort of public civil defenders (we absolutely should). So for most individuals lawyers are prohibitively expensive. You basically have to either be rich, be lucky enough to have a case that aligns with a charitable legal organization’s goals, or luck out on a legal firm deciding to take your case pro bono for their own reasons.

            • @mods_are_assholes@lemmy.world
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              29 months ago

              So let me get this straight, some rich fuck could sue me because he doesn’t like my haircut and if I don’t pony up cash to get a lawyer the judge will just assume the rich fuck is right?

              Burn every inch of this corrupt as fuck system down.

              • @cogman@lemmy.world
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                19 months ago

                You don’t have to get a lawyer, but you do have to respond to the lawsuit. That is, participation is not optional.

                Now, there is protection from the “bad haircut” lawsuits. It’s called “Vexatious litigation”. If someone sues you for a bad haircut, and they’ve sued others for it as well, you can ultimately seek sanctions (including covering your legal fees) against them and their lawyers. That’s why you don’t generally see bad haircut lawsuits.

                Further, if the lawsuit is so bad that it’s “bad haircut” level, it’s possible to get sanctions against the lawyer that filed it for wasting the courts time.

                But again, participation isn’t optional here. You HAVE to respond to a lawsuit, you can’t just shut your eyes and hope it goes away.

                • @mods_are_assholes@lemmy.world
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                  29 months ago

                  Still seems like a massive waste of time and money that anyone with means can just apply to anyone they feel like.

                  I mean IANAL but in a rational world there would be a minimum of grievance requirement before being able to file such a lawsuit.

                  We need tort reform but the average person just doesn’t seem to care until it affects them personally, and doesn’t have the context to understand it.

      • @deezbutts@lemm.ee
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        159 months ago

        Dude this is totally how it works.

        You have general counsel, firms on retainer, etc and the cost is amortized over all legal needs… And 99.999% of users will never even THINK about legal action nevermind actually pursue it.

        It’s the same reason they send C&D letters…an ounce of legal effort (which you likely already have to buy anyway as a corporation) is worth a TON of consumer litigation protection.

        • @grue@lemmy.world
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          149 months ago

          You have general counsel, firms on retainer, etc and the cost is amortized over all legal needs… And 99.999% of users will never even THINK about legal action nevermind actually pursue it.

          The exception to that is class action suits, where 100% of users could be included in the class even if they have no idea it’s going on. Especially when the company does too little harm to any one person for it to be worthwhile to sue individually but a fuck-ton of harm in aggregate, this is the only way to hold them accountable.

          And that’s what these forced arbitration agreements are designed to neuter.

      • @Iamdanno@lemmynsfw.com
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        9 months ago

        They are unenforceable for more reasons than that. They also can not prove that you agreed to it, only that someone did.

        Also, they can’t change the terms of your previous purchase after the fact. They can make you agree to something new going forward, but if they make your current device a brick because you don’t agree (which they are doing here), then they need to reimburse you for causing the loss of use of your device that you already purchased and was working under the previous terms.

      • GladiusB
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        109 months ago

        Surely corporations aren’t being intimidating to take the uneducated for a ride when they dispute it. Surely.

      • @just_another_person@lemmy.world
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        59 months ago

        The companies have the burden to provide them to the user. If they forget something, somebody loopholes them in court, they will lose.

        The EULA is more of a rolling document, and something like a “We are legally obligated to provide this, so we better cover our asses in the process.” legal doc.

      • Alien Nathan Edward
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        149 months ago

        and by the time the court throws it out the TV I paid for has been disabled for months and I’m out a ton of money and time. A lot of people will just agree because defending your rights in this country is very expensive and cumbersome. They’re counting on this idea.

    • @ours@lemmy.world
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      49 months ago

      Because the laws and regulations have been influenced by lobbying by large corporations to suit them best.

      • @cordlesslamp@lemmy.today
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        9 months ago

        I still can’t comprehend why American just accepting that “lobbyists” are a normal thing.

        Isn’t that literally bribery in broad daylight to influence laws making decisions? And the fact that a corporate can “sponsor” politicians. You’re supposed to making those laws to keep the corporate in line, not taking their handout.

        Are there any other countries with the same “lobbying” practice?