- cross-posted to:
- actually_infuriating
- cross-posted to:
- actually_infuriating
Can an 8-year-old waive their rights to sue a company by clicking a box?
That’s the stance of Roblox, an online gaming platform that bills itself as a digital playground.
The argument comes as the $41-billion company is embroiled in a lawsuit with the family of a Northern Kentucky child whose death by suicide, her mother says, is related to use of the platform.
This argument would be laughed out of the building. An 8 year old cannot enter into a contract.
Just argue that RoBlox is a platform that makes kids trans and Gay and Roblox would be down in a week.
Archive link https://archive.ph/lbe7N
By being born you accept being bound by the following terms and conditions…
There’s only one condition, providing you were actually lucky enough to have been born alive.
Unfortunately that condition is that you must eventually die.
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.
The fast talking lawyers were hoping no one would notice what you just pointed out.
“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.
There should be standard TOS clauses that are approved based on their legality and enforceability that click or use based “contracts” should be limited to. Or at the very least, they should need to be legally ratified rather than only looked at closely if legally challenged.
Like that whole “you waived our liability for real world shit by using Disney+” should have resulted in the disbarment of any lawyers that wrote, approved, and tried to argue it in court when it came up and punitive damages to Disney for even trying.
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
Not a lawyer, but if i hire someone to kill someone and put that in writing, I can’t sue that person for not doing his job because the contract has no legal value. Not sure on the details, but if i understand correctly a contract between two people cannot cover things that are outside the law. Meaning the law of contracts (like TOS) is inferior to the law of killing people. Seems like this is not true for America, but here i’ve heard of consumers winning lawsuits based on this principle.
We do need global punishment for corporations, but it would not be the only solution: corporation have to abide to local laws.
if they cant be punished globally, they cant be made to obey local laws. Kind of like if you could do crimes in one country and just leave after heat gets too bad. For us, interpol will go after you.
For individuals it is a lot easier to go to another country to evade punishment. If a company does that they also can’t produce or sell there themselves and will have to find another company to act as an intermediary. Also, in this case it is about a dragging someone to court. It is hard to take a us software company to court, but it does happen. For example, a Dutch organisation took Meta to court for not allowing users to receive a feed with only the accounts they follow. They won that case. A celeb had his identity used by fraudsters who used Google Ads to trick people into buying certain crypto, he won the case. Yes companies get away with a lot, but they are ‘made to obey local laws’ from time to time.
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.
Sorry, not true (I wish it were). Even in the EU there are few rights that cannot be taken away or waived.
If it can be waived, then it’s a temporary privilege, not a right
I’ll click on your stupid little agreement button to play my mindless game and I still deny all of your inane fine-print that I didn’t read anyways. If shit like this is legally binding then it’s already game over.
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?
minors can enter into contracts?
I think it depends on the country, since all rights themself are granted by the law of a country. That’s why there is a global definition of what human right, but not every human gets to exercise that right.
There are in the US. However what those rights are is something courts agree we all have, but generally hate to state.
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.
Marriage is a contract.
I think it should be limited to 18+ but it isn’t currently in most places.
Some teens get emancipated when they are 17 or maybe even younger, if their parents suck and they can show a court they are able to care for themselves, depending on state I presume.
I imagine that is an exception to minors signing contracts, maybe they are no longer considered minors after they do that though.
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.
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
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.
Thank you for pointing out how much damage they have done to our legal system and in turn our society, or what remains of it.
Not sure how this gets fixed without some kind of major probably terrible event. Fixing the Supreme Court is probably the first step, but kicking them out in local elections is crucial too.
You know, like a reasonable place would. Not this “rights are inaliable!” Unless you do x, y, or z.
That’s what common sense would dictate
I’m splitting hairs a lil bit - you’re pretty much correct. Minors are not citizens, so they don’t have rights. Minors are wards of the State. They under State protection, and as such don’t have the ability to forgo that protection, until they turn 18.
Not a single thing you said is correct.
This is all wrong.
As long as the minor has US citizenship (through naturalization, parents, ect) they have citizenship. We can see this with ICE deporting non US citizen minors (there might be a rare exceptiom, but those are outliers).
Minors have constitutional rights as they have been ruled by the US supreme court to protest politically in schools (as long as it doesn’t interfer with school operation or other students). They even have the ability for the second amendment as long as they are provided permission from the parent and is under adult supervision (hunting, target practice, compitition). Also still protected against unconstitutional searches or seizures.
Minors are not wards of the state unless they are sentenced to a correctional facility, some kind of state mental hospital, or orphinege. Children are under control of their parents unless some substantial reason (parent or guardian death, judification, extreme mental health).
As the other poster stated, children have protections such ad labor laws, protections against military service, protections against adult criminal trials (unless ruled by a judge).
(some of this will vary state by state, but most is the same)
Minors (except immigrants who have not been naturalized) are citzens, and they do have rights. For example, minors can be issued passports, and cannot lawfully be deported. That’s because they’re citizens.
Also, you can’t just walk down the street and kill a minor. That’s an example of a right that everyone has, regardless of whether they’re citizens. Generally, the Constitution refers to such people as persons rather than citizens.
The vast majority of minors are not wards of the state, the only exception being those who are declared wards of the state through explicit legal procedures.
So nothing you said was correct.
The real rationale for Roblox being full of shit is that minors cannot execute contracts. And there are what are called unconscionable contracts, which are invalid even if the signatory is not a minor.
Is that so? It would be a bit strange for me that children have no rights. What would prevent child labor or protect them from abusive parents otherwise?
It would be a bit strange for me that children have no rights.
That’s because it’s not true.
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.
Relevant yes, but isn’t the age at which she signed the ‘contract’ even more relevant? Crazy young age to end your life though. Can’t imagine what that’s like.
Is it their stance? The article says the mother “placed parental controls” on the child’s account. This means the mother had an account too and agreed to the terms as well.
Minors cannot be signatories to a contract. Nothing the parent does can change that.
If someone agrees to unlawful contract terms, those terms have no legal force, and depending on the wording of the contract, it could potentially invalidate the whole contract (though there’s usually fine print about separability that deals with that eventuality).
TOS can’t protect a company from legal requirements, and I’m not clear on what the legal requirements are in terms of safeguarding and content moderation but my initial hunch is that they’re very lackluster. I hope that the suit will bring attention to this issue with legislative bodies, but I suspect that’s the most that can be realistically hoped for.
That’s fine. All I’m saying is that the article claims that their stance is an eight year old can waive rights, while also claiming indirectly that the mother waived the rights too. Because it says that she placed parental controls on the account, which in the case of Roblox means she made an account for herself and agreed to the same terms.
I have no idea whether the terms are enforceable or not. I’m only commenting on the article sensationalizing by making it look like the company says the 8 year old agreeing to their terms is enough.
Although maybe one thing to add could be that the child could not have gotten access to chat either without the mother enabling it for her. The article makes it sound like children are immediately exposed to all sorts of things on Roblox but the reality is unverified accounts are heavily restricted, and for a child, the restrictions have to be disabled by a parent.
Sounds like she was groomed by 764/o9a types. Typical modus operandi.
IMO they’re nothing short of a continuation and expansion of the original MKUltra. This time to horrify the public into passing mandatory online ID laws which would be very useful for the agency. That and they create a pre-selected group of amoral sadist monsters the agency can use for various purposes after making contact.
They’re aided by these profit hungry tech corps. Though it’s astonishing and a serious tech literacy problem that the mother let her have a discord account when those are not moderated and not for kids. These tech companies should all go bankrupt but they’ll all have us scanning IDs for everything soon enough instead. Problem is these o9a types have lots of groomers who are underage teens themselves so such measures don’t really put a stop to it.









