Created
October 19, 2018 21:59
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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. | |
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/c93697c9d59ec2f0d8071b7d0e907632 | |
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. |
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