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Discord ToS Scandal

by Katsu - 19 Oct 2018, 03:48 AM in News & Announcements
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Katsu
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Guy with the stick
Three Years of Service
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Posted: 19 Oct 2018, 03:48 AM
Discord has changed their Terms of Service!

Unfortunately, this change comes with a revocation of your legal rights. Discord has revoked your right to sue (you must go through an arbitrator) and to congregate as a class action lawsuit. In layman's terms, if Discord ever pulls an equifax and leaks everyone's data, consumers have no recourse. But if you ever violate their "moral rights" by using their site in a way they don't like, Discord absolutely reserves the right to drag you into a normal court. This is specially hilarious considering how OpenFeint, Discord's owner previous project, ended in a privacy lawsuit scandal.

Luckily, there is an opt-out for the clause, in which you must email arbitration-opt-out@discord.com, but you must do it within 30 days or you can no longer opt-out.

YOU CANNOT DELETE OR DEACTIVATE YOUR ACCOUNT TO OPT-OUT OF THE ARBITRATION CLAUSE

You can see the added clauses for yourself here: https://gist.github.com/Rapptz/c93697c9d...7d0e907632

I will attempt to answer some common questions.

Is this enforceable?

In the United States, yes. This was decided by the Supreme Court in 2011. See https://gc.gy/7538114

In Europe, no. There are many clauses, a relevant one is Article 77 of the GDPR ("Right to lodge a complaint with a supervisory authority").

Why does this matter?

Without the ability to congregate for a class action lawsuit, if Discord ever leaks your data or does something catastrophically bad to a large portion of the population you have no way to representatively sue together without each of you individually suing via the arbitrator.

Please see the following article: https://gc.gy/7538130

Essentially:

1. Your right to file a complaint in the court of law is removed.
2. The arbitration system tends to heavily favour the company rather than the consumer.
3. Since your right to pool similar complaints together is taken away, the amount of damage you can do to a company that has wronged you significantly is limited to those who are willing to arbitrate.

Why should I care? Other companies do it too!

By learning about this I hope that you will be more conscious about these arbitration clauses and how anti-consumer they are. You can't change the past, but you surely can't predict the future either.


"It's a confusing world sometimes, dog." - Etika
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Lao
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Posted: 21 Oct 2018, 12:08 AM
It's written that way so lawyers aren't able to find holes in it and sue them for the sake of idiotic clients
It's obtuse because legalese is written with the purpose of eliminating any and all possibility of a literal rules lawyer finding an exception
Normal speech doesn't follow the same logic because we don't expect someone to find workarounds in the logic of everything we say.

They just can't risk being lax in the tos because there are people who will take advantage of it.
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