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"I had no idea you could have a contract that says, "if you don't like how we fulfilled the contract all you are allowed to do is go away, even if we burn your
by jerf 6y ago
"I had no idea you could have a contract that says, "if you don't like how we fulfilled the contract all you are allowed to do is go away, even if we burn your house down.""
You can't.
Obviously, companies don't like to be sued. What a lot of the tech industry and Silicon Valley has been doing lately is trying to write up their Terms of Service to make it so difficult to initiate any sort of proceedings, or at least appear to be so difficult to initiate any sort of proceedings, that nobody actually will.
The risk of this, though, is that if they act so egregiously that somebody actually does get angry enough to break through the activation energy necessary to start something, that it will be both larger and worse than if they had a more conventional approach. Larger in that larger groups of people may break through at once, especially once someone blazes a trail. It's like raising a dam without fixing underlying issues with water management; it may put off the day you have problems, but when the catastrophe hits it'll be even larger.
A perfect approach for a short-term-focused modern company, no?
That clause is meant to convince you there's nothing you can do. But if someone does file a class-action suit, there's a very good chance the judge will not look favorably upon such a clause at all, and that'll get factored into any damage awards.
Personally I think the expected value of this particular shenanigan is quite negative and I think a lot of companies are going to bitten by it in the next decade... but I have a long term perspective, personally.
- peterwoerner 6y agoIsn't this what happened to paetron? https://www.oneangrygamer.net/2020/08/patreon-loses-lawsuit-costing-the-company-millions/114028/ https://www.oneangrygamer.net/2020/08/patreon-loses-lawsuit-...