Children aren't legally allowed to enter into contracts. How are their lawyers this stupid? Are they just getting their arguments from chatbots?
Technology
This is a most excellent place for technology news and articles.
Our Rules
- Follow the lemmy.world rules.
- Only tech related news or articles.
- Be excellent to each other!
- Mod approved content bots can post up to 10 articles per day.
- Threads asking for personal tech support may be deleted.
- Politics threads may be removed.
- No memes allowed as posts, OK to post as comments.
- Only approved bots from the list below, this includes using AI responses and summaries. To ask if your bot can be added please contact a mod.
- Check for duplicates before posting, duplicates may be removed
- Accounts 7 days and younger will have their posts automatically removed.
Approved Bots
They aren't stupid - they're stalling, dragging the trial out in an effort to coax the plaintiff into a settlement or running out of money so they'll have no choice but to drop the suit. It's standard issue corporate evil.
Also exhaust them mentally. You can only get reminded of the court case about your 8 yo child's death so many times before you break
They probably have fine print that says children must have their parent's permission to sign up, and think that covers them
Likely a mix of all 3 things. (Both stupid lawyers using chatbots and a special extra helping of techbro leadership that is hellbent on "challenging the paradigm" or some other shit)
Companies like this spend a lot of money on lawyers writing up 'terms and conditions' for the sole reason of shielding them from legal liability and the ability to put those protections in place just from the user selecting a checkbox. But my fear is that this case will just be another example used in the argument for age verification, and identification, online.
It depends on the judge. Click-wrapped ToS, EULAs and privacy policies are a known dark pattern:
They're longer than Shakespearean plays.
They're difficult to read even at a college level.
They're often presented in a tiny window with difficult controls.
They're presented suddenly and mid process, often as part of an already lengthy string of steps. Often the user is eager to just move on.
Some judges have recognized this and do not see click-wrapped contracts as binding, especially when the person clicking them can be a child, or a cat, or a computer glitch.
But then a lot of judges were appointed through a willful organized effort to put pro-business judges on the bench, and will rule in the favor of companies over individuals regardless of the circumstances.
And some, like the majority of SCOTUS judges will literally make stuff up so they can legislate from the bench as they've been ~~paid~~ bribed to do.
you mean like Uncle Clarence?
You mean Uncle Thomas?
"He's one of the good ones"
His wife's family actually said that. He's such a self-hating fella that it didn't bother him.
any mention of "waiving your rights" should always automatically be null, no matter who it concerns. by definition it places the corporation above the law. Might as well let corporations authorize people to kill, steal and do other crimes if that is allowed.
we need global capital punishment for corporations
You can't sign any rights away in the EU.
It's great because I know my rights here and I can just accept any terms knowing they can't fuck me over no matter what I accept.
Do you have any concrete examples of this being enforced in practice?
All I see:
- our data still gets collected
- our phones, TVs, wiretap "assistants" still spy on us and upload all of our information to personal datasets that companies can access
- "deleting your data" as per GDPR is just a database flag/row that says the data says it is deleted
- EU just authorized any and all companies to spy on your communications 24/7, 365 days a year
- freedom of speech/expression doesn't exist here any more than in America, maybe less
Our right to privacy (freedom right pillar) is literally daily being violeted 1000 times over and the most I have ever seen happen is a slap on the wrist 0.01% of yearly revenue fine that didn't change anything. Companies can fuck you over all they like unless you have a 10million € army of lawyers...
Also how is it going in Germany with the Palestine protester that had been locked in solitary confinement (known torture) for 23 hours per day for the past almost year after a show trial kangaroo court where they wouldn't allow even any independent record of the trial inside (violation of both dignity and justice pillars)
There is precious little enforcement of many rights, so we absolutely cannot take them for granted and have to fight for them on every front.
This argument would be laughed out of the building. An 8 year old cannot enter into a contract.
So that deal I made with the devil to swap my soul for a monster truck when I was a kid isn't legally enforceable?!
Legally? No. Spiritually? Still probably no.
Minors can't waive rights. Or, in theory they can't waive rights because they don't have capacity. That's my understanding
In my country nobody can waive rights, by default no contract is able to take any rights from you
You know, like a reasonable place would. Not this "rights are inaliable!" Unless you do x, y, or z.
It used to be like that in the US. It was not until the 90s into the 00's that employers were allowed to make employees sign away their right to sue and instead use binding arbitration of the employer's choosing, or manufacturers and retailers forcing consumers to waive their rights to sue in purchasing the product, and so forth.
Judges used to throw them out. And if a contract had egregious language, it could invalidate the entire contract not just the part that is illegal.
Since the federalist society conquered the courts all of that changed.
That's a vile argument. Fuck Roblox.
"Waiving of rights" should be automatically null and void if it happens only as part of some TOS (or GTC or similar situations).
There needs to be strict scrutiny applied by courts to TOS. And other similar legal terms (ask a lawyer what they are, not me) which all say basically only the obvious things that shouldn't need to be stated at all can be put in them.
If you need more than the basic protection the law already provides for you, then you don't use a TOS, you need a real contract signed by both parties, with both parties having a lawyer on hand to ensure the terms are understood and really agreeable.
I'm no expert, but my Business Law professors were absolutely adamant about the fact that a minor can never execute a legal agreement and there are no exceptions.
Even if the parent leaves a contract out with a stamped envelope and tells their kid to sign it and mail it off, the contract is null and void. If my professors were correct and things haven't changed, I can't imagine a child can waive their (or their parents) rights by clicking a checkbox either.
In Australia, when a minor signs a contract, it’s only legally binding on the other (adult) party. That is, if I were 14 and signed a contract I can force the other party to meet their obligations under the contract but I cannot be forced to meet my own obligations. The contract favours the minor in that way so that they are protected from anything predatory while still able to engage in and benefit from contracts. I think that’s the best approach.
I'm confused, even if the girl could waive her rights and that is legally a valid argument - she is not the one who's excersizing her right to sue the company right? Does that right extend beyond death or would such a contract also extend to others who have not signed anything?
Also what the fuck, their stance is they can't be sued, instead of they're not guilty. I mean i'm not guilty and the parents can't sue me, but if they wanted to my defense would surely be that i had nothing to do with it - not that they can't sue me.
fuck roblox
By being born you accept being bound by the following terms and conditions....
Well not shocking as this is the same company that is cool with child gambling, child "dating" and well a lot of terrible child things.
I don't believe arbitration agreements should be legal at all, but with how conservative US courts are right now, I doubt we'll see it overturned.
Roblox really seems to be the end boss of evil game companies. The competition is certainly steep but they never cease to amaze me with how low they‘re willing to go for a few bucks more.
no. next question?
Only in AmeriKa. What about the parents?
I saw the article on Reddit, the kid bypassed the Parent Locks, or the more likely scenario is that the 'kid zone' of Roblox has plenty of unhinged weirdoes thst know how to trespass into the kid zone.
The poor kid was manipulated into offing herself.
Regardless of the age of someone entering into a contract (by clicking a checkbox)
Aren’t there certain rights you can’t waive, regardless of age?
A minor literally can't do this in the USA. You scumbags are Fucked.
To add some important context:
Seitz is suing the company, along with two others, for Audree's death, which occurred one week after her 13th birthday.
and the mom is also suing Discord and TikTok.