124
TikTok requires users to “forever waive” rights to sue over past harms
(arstechnica.com)
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 16 Dec 2023
124 points (100.0% liked)
Technology
37742 readers
503 users here now
A nice place to discuss rumors, happenings, innovations, and challenges in the technology sphere. We also welcome discussions on the intersections of technology and society. If it’s technological news or discussion of technology, it probably belongs here.
Remember the overriding ethos on Beehaw: Be(e) Nice. Each user you encounter here is a person, and should be treated with kindness (even if they’re wrong, or use a Linux distro you don’t like). Personal attacks will not be tolerated.
Subcommunities on Beehaw:
This community's icon was made by Aaron Schneider, under the CC-BY-NC-SA 4.0 license.
founded 2 years ago
MODERATORS
Easy solution don't use it!
Honesty though aren't there laws to prevent companies from behaving like this, or are they paying the law makers too well.
The trick is to add a clause saying something like "if any part of this contract were found to be unenforceable, that part of the contract will be struck out and the rest remain valid".
That way you can add all sort of weird requirements to a contract, and if in some country, circumstance, or at a future date, some of them turn out to be BS... whatever, you tried, and if anyone didn't sue you because they thought it was valid, then so much better for you.
Severability is standard boilerplate. As is waiving of all liability (essentially in perpetuity, even if not stated as such), incidental and consequential damage, and indemnification of the writing party against any and all claims. This is a mole hill on the landscape of click-through licensing fuckery.
I don't think such blanket waivers are valid under many jurisdictions. The companies are putting such clauses to get an upper hand, just in case some courts are willing to consider it. Honestly though, such clauses should be considered grossly exploitative and made outright illegal.