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There's no chance the DMA includes a non disparagement clause. That's totally against free speech.
by BearOso 3y ago
There's no chance the DMA includes a non disparagement clause. That's totally against free speech.
- Kluggy 3y agoI don’t understand how free speech relates to the DMA?
- BearOso 3y agoNot "free speech" as part of the US Bill of Rights, free speech as in "the EU ethics would never have such language in the DMA to forbid it or allow such a violation to stand."
- VWWHFSfQ 3y agoFree speech has nothing to do with any of this
- Jensson 3y agoApple terminated Epics account for Epic criticizing Apple, not for anything Epic did with the account. That is a free speech violation, retaliating for unrelated speech is against the ideal of free speech. USAs free speech laws mostly just bans governments from retaliating, but a more encompassing law would also ban corporations from doing so as well, there is no reason you should fear speaking up just because the corporation might retaliate and ruin your life. USA already has such anti retaliation laws for companies in some cases so there is nothing unreasonable about it.
- SteveNuts 3y ago"Free speech" is all about the government not persecuting an individual for something they say. It offers no protection in a case like this between two non-government entities.
- charcircuit 3y agoYou are talking about the US's first ammendment. That doesn't exist in the EU.
- lxgr 3y agoTrue, but they raise a valid point in that even in the US, the government has no standing to intervene with private individuals limiting each others' speech contractually. NDAs are very much enforceable in the US.
- Jensson 3y ago> even in the US, the government has no standing to intervene with private individuals limiting each others' speech In Europe the government does that though, so "even in the US" is a nonsense argument here, the US is horrible at protecting individuals rights against oppressive companies. I am not certain about such laws that could apply to this case, but there are already plenty of laws around what you are allowed to retaliate for etc. Just like USA makes it illegal to fire based on race or to fire union organizers, it is the same principle.
- SteveNuts 3y ago>You are talking about the US's first ammendment. Then the "freedom of speech" argument is even more irrelevant, in my mind.
- Jensson 3y agoCompanies can't fire you for unrelated speech in most of Europe, their laws doesn't protect you as much from governments but they protect speech significantly more against private corporations. So just because US freedom of speech is limited to government doesn't mean that applies everywhere.
- SteveNuts 3y agoI still don't see how that is relevant at all between Apple and Epic...