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this post was submitted on 15 Aug 2024
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How can a streaming service agreement apply to a restaurant ~~in a park~~?
Wasn't even in a park. The restaurant is in a separate mall. No ticket needed.
A mall owned and operated by Disney, with Disney branding everywhere, and store names heavily influenced by Disney properties, like "BB Wolf's Sausage Co.", and where "Guest Services" is managed by Disney, and the property rules are Disneyworld's property rules.
That has nothing to do with whether it was actually in a park though, in which case one could argue about accepting terms based on a park ticket purchase. Since it's not in a park, and needs no ticket, that shouldn't apply.
Also, since you want to talk about branding, Raglan Road is a very well known street in Dublin, Ireland. It's not really Disney-related, just Irish. Heck, looking into it a tiny bit more, the pub seems like it might even be independently owned and operated, not actually owned or operated by Disney at all. Their website doesn't even mention Disney anywhere on it that I can find, which would lead one to assume it's not actually Disney- related. It just happens to be located in a space operated by Disney. In which case I don't think Disney would be liable at all anyway for an independent business, which seems a bit confusing why their lawyers wouldn't just go that route instead, unless part of the agreement to be there is to be covered by Disney's legal team.
If it is under the Disney umbrella, I'd bet that Disney World, Disney Springs, the Raglan Road Irish Pub, and Disney+ are all legally separate companies. They may be wholly owned by the Walt Disney Company under their umbrella, but technically separate companies. Legally, this matters a lot, even if it's all under the Disney brand. Even if we don't really care about that distinction as consumers.
Probably, but is a customer expected to know that? What if you're inside Disney World itself and you're injured on the It's a Small World ride, and then Disney says "oh, that's not us, that's owned and operated by 'It's A Small World LLC'".
Part of the attraction of the whole Disney Springs area is that it's under the Disney umbrella. As a visitor, you know that the company is going to keep everything clean, make sure that everything is up to high standards, etc. You're probably going to pay a bit more to go to a store / restaurant there than a typical strip mall, but in exchange you get part of the Disney experience. It's pretty reasonable to assume that that will also include restaurants that produce high quality food and that ensure that someone's allergy needs are met.
FWIW, I don't think the judge is going to go for it. Disney's lawyers are the most bloodthirsty son of a bitch lawyers on Earth, but just because they make the argument doesn't mean the court will accept it.
This is why those ToS are 71pages long. I don't think there are many good judges out there anymore, but I hope the one that reviews this case goes absolutely ape-shit on Disney. There is a legal tradition of harsh punishments for criminals in examplar cases to set detterents to future crimes. The same needs to be done to reel in these corporations.
It probably won't.