this post was submitted on 27 Sep 2024
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[–] [email protected] 215 points 8 months ago (2 children)

Also, take note how they actually tell you, clearly and concisely, what has changed. Most ToS are intentionally made difficult to read to, you know, discourage people from reading them.

[–] [email protected] 29 points 8 months ago (1 children)

It made me smile when I saw it this morning.

[–] [email protected] 8 points 8 months ago (1 children)

Same. I initially had the sinking dread then I saw that they actually fixed the arbitration clause and I became quite elated.

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[–] [email protected] 5 points 8 months ago

also you ought to have balls and be confident you're doing a good job if you're providing a link to delete your account along with the changes.

A lot of companies wouldn't go as far and wouldn't provide a direct link to account deletion

[–] [email protected] 170 points 8 months ago (3 children)

I was kinda worried when I saw the subject line of the email.

Steam is actually pretty decent, by company standards.

[–] [email protected] 23 points 8 months ago

Not just decent, it's one of the best companies to exist

[–] [email protected] 23 points 8 months ago* (last edited 8 months ago)

Steam is actually pretty decent, by company standards.

They aren't doing this because they are decent. It's because they were getting reamed on fees through people choosing the arbitration. I believe it was a law firm basically encouraging people to request arbitration because they would get paid every time a claim was submitted, regardless of the outcome.

https://www.reuters.com/legal/legalindustry/column-mass-arbitration-target-valve-accuses-law-firm-litigation-funder-2023-12-08/

[–] [email protected] 100 points 8 months ago (12 children)

I appreciate this. That said, I was playing a game on my Steamdeck last night when this popped up over the game, while the game was running. Subsequently I died in the game. Kinda shit.

[–] [email protected] 29 points 8 months ago

That is shit, but also just a little funny.

Then again I love Dark Souls so this may just be the ptsd talking.

[–] [email protected] 15 points 8 months ago

I got mine smack in the middle of a boss fight in Remnant 2 lol, but my build is stupidly tanky enough that I was able alt-tab close it fast enough to not even die. Felt a little proud of that.

[–] [email protected] 13 points 8 months ago

Time to sue!

[–] [email protected] 10 points 8 months ago (1 children)

Same, during a boss fight in Elden Ring. I died.

[–] [email protected] 8 points 8 months ago (1 children)

You'd have died either way most likely. Git gud.

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[–] [email protected] 6 points 8 months ago

Yeah, I'm all for the move, but don't be dicks about interrupting.

Still, right choice otherwise.

[–] [email protected] 6 points 8 months ago (7 children)

I had it pop up while I was in the middle of a raid boss in WoW, lol

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[–] [email protected] 6 points 8 months ago

Is that what that was? I got a grey box with no text in it that popped up over Satisfactory and my mouse control went from the POV to moving a cursor. I was building and it was a brief interruption. I got the actual text via email.

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[–] [email protected] 40 points 8 months ago (3 children)

Those bastar.... Wait what?

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[–] [email protected] 27 points 8 months ago (5 children)

IANAL, what does this mean?

[–] [email protected] 90 points 8 months ago* (last edited 8 months ago) (2 children)

It means you love anal.

Sorry, it's Friday and i am silly.

A binding Arbitration would involve the submission of a dispute to a neutral party who hears the case and makes a decision.

Instead of solving the dispute in court before a judge and/or jury.

Filling fees for an arbitrator may be higher than filing a case in court.

Pre-printed consumer contacts with banks, credit card companies, automobile and home dealers usually use this.

Take it with a grain of salt , because also IANAL

[–] [email protected] 22 points 8 months ago

Thank you fellow anal lover

[–] [email protected] 5 points 8 months ago* (last edited 8 months ago)

Filling fees for an arbitrator may be higher than filing a case in court.

Which is why Valve is making the change. They were potentially paying a lot for these filings.

https://www.reuters.com/legal/legalindustry/column-mass-arbitration-target-valve-accuses-law-firm-litigation-funder-2023-12-08/

[–] [email protected] 19 points 8 months ago* (last edited 8 months ago)

arbitration pretty much provides zero benefit to the consumer and all benefit to the organization. a big piece is that if you sign off on an arbitration clause, then there's no such thing as class action lawsuit anymore.

some companies make you sign a handwritten letter through snail mail just to opt out, because they don't want anyone filing a lawsuit, and definitely dont' want a lot of them filing together.

this is another case of corporations saying "this option is best!!" while leaving out the "for us" part

this is why it's a big deal that steam said fuck that noise

[–] [email protected] 12 points 8 months ago

Forced Arbitration is when a company puts something in their terms of service that forced the user to go through a process of arbitration as opposed to going to court. It is always rigged towards the company who forces it, because they are the people paying the arbitrators.

[–] [email protected] 9 points 8 months ago (3 children)

If you have a dispute with Valve you have to hire a lawyer to take them to court. No "third party" mediation

[–] [email protected] 8 points 8 months ago

Most disputes most likely fall far below the limit for small claims, where a lawyer is not required, or even allowed in many cases.

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[–] [email protected] 26 points 8 months ago* (last edited 8 months ago) (3 children)

Forcing you to shut up or go to court isn't great either, though.

On the big stuff where they're liable for a lot of money and you might be able to get a pro bono lawyer, sure.

On the small stuff, though, the prospect of having to pay for a lawyer and likely have your case thrown out by a judge for not being worth the expense and effort of suing a foreign company is probably going to deter a LOT of legitimate claims.

If, for example, I want to return a game in accordance with the rules and they won't let me, I'm not gonna lawyer up and sue them from the other side of the Atlantic.

[–] [email protected] 31 points 8 months ago* (last edited 8 months ago) (4 children)

If, for example, I want to return a game in accordance with the rules and they won’t let me, I’m not gonna lawyer up and sue them from the other side of the Atlantic.

While supposedly being a lot cheaper than litigation, arbitration isn't free either. Besides, arbitration makes it near-impossible to appeal a decision, and the outcome won't set binding legal precedent. Furthermore, arbitration often comes with a class action waiver. Valve also removed that from the SSA.

I'm far from an expert in law, especially US law, but as I understand it, ~~arbitration is still available (if both parties agree, I assume), it's just not a requirement anymore~~ [edit: nevermind, I didn't understand it]. I'm sure they're making this move because it somehow benefits them, but it still seems to me that consumers are getting more options [edit: they're not] which is usually a good thing.

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[–] [email protected] 11 points 8 months ago (3 children)

I think the US small claims court is meant to handle situations like this (although I know little about it). I wonder if it's available to litigants from other countries.

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[–] [email protected] 8 points 8 months ago (1 children)

Good point.

What's the alternative?

[–] [email protected] 6 points 8 months ago (1 children)

Let the user choose. Arbitration is great for small things, not huge damages. Court is better for that.

[–] [email protected] 18 points 8 months ago (1 children)

If companies always try to force arbitration on users I have my doubts about how good it is for us.

[–] [email protected] 7 points 8 months ago* (last edited 8 months ago)

Which is why it's best to let the user choose rather than force one or the other.

The reason why we always hear about companies forcing arbitration is because arbitration is best for them when it comes to the big stuff that the news report on, compared to court.

The reason why we never hear about the opposite is twofold:

  1. it doesn't happen as often and

  2. "yamanii didn't get their refund approved even though they were entitled to according to the rules" isn't something that makes headlines or even makes it to court.

[–] [email protected] 24 points 8 months ago* (last edited 8 months ago) (1 children)

As I saw in another post:

This is because a lot of individuals tried to start an arbitration process with valve and that got costly for Valve. So now they try to force everyone to do it in a different way.

More info in other posts:

https://lemmy.ml/comment/13944017

https://lemmy.world/comment/12586412

[–] [email protected] 9 points 8 months ago (8 children)

Arbitration is always cheaper and faster than the courts, because the courts are very backed up especially since the pandemic, and there's a lot of admin cost which doesn't exist in arbitration. That is why almost every other company is trying to force arbitration. So if the goal was to save money, forcing court would have the opposite effect.

[–] [email protected] 7 points 8 months ago

My thought was that a lawsuit is more expensive than arbitration, but settling a class action lawsuit is cheaper than thousands of arbitrations.

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[–] [email protected] 18 points 8 months ago (1 children)

So, remember... they just 'switched' from forced arbitration to going into the courts. Yes it is good, but note 'Good guy Gabe' didn't start this way.

Maybe consider 'why' he's making the change? It's actually because this forces the money question to the one suing them. It costs them less by doing this. Now I think this is actually good, but don't blindly fawn over the guy for this.

[–] [email protected] 20 points 8 months ago (2 children)

Ars technica provided the two key pieces of context here:

"Zaiger targeted Valve and Steam users for its scheme precisely because the arbitration clause in the SSA [Steam Subscriber Agreement] is 'favorable' to Steam users in that Valve agrees to pay the fees and costs associated with arbitration," Valve said.

Valve said that Zaiger's "extortive plan" was to "offer a settlement slightly less than the [arbitration] charge—$2,900 per claim or so—attempting to induce a quick resolution."

https://arstechnica.com/tech-policy/2024/09/steam-doesnt-want-to-pay-arbitration-fees-tells-gamers-to-sue-instead/

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[–] [email protected] 14 points 8 months ago (2 children)

Can anyone ELI5 this to me? Arbitration is a big scary word that I don't understand.

[–] [email protected] 39 points 8 months ago (1 children)

If you and your friend get into a argument over something on the playground, instead of going to a teacher, you both agree to tell your stories to another friend you both agree will be impartial. You then both do what that friend says without involving the teacher.

[–] [email protected] 23 points 8 months ago

Actually explained like you would to a 5yo.

Awesome job.

[–] [email protected] 28 points 8 months ago

Instead of Steam forcing any disputes with them to go through an "impartial" 3rd party company they choose and pay for to oversee and rule on disputes, they are saying that disputes must go through the courts.

Basically forced arbitration has always been seen as anti-consumer and unfair because the company is paying for the arbitration and is thus considered more likely to be found in favor of. Steam is doing the opposite and as such this is seen as pro-consumer and a good thing

[–] [email protected] 13 points 8 months ago

Good Guy Gabe strikes again.

[–] [email protected] 5 points 8 months ago

Based. Steam ftw. Here from louis rossmans video

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