this post was submitted on 19 Jun 2025
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This binding arbitration bullshit is unenforceable in Germany anyways for end users
I'm wondering if they used ChatGPT to crank this bullshit out
No, we did not (nor did we use any other AI tool).
Then why did you knowingly put a bullshit arbitration clause in the ToS that's unenforceable in Germany?
"Knowingly" is a big word given that Mastodon GmbH has been transparent about not having extensive legal knowledge in-house and being dependent on their probono lawyers. Which is completely understandable given their company & team size.
Legal stuff is complicated and we're not all, always, experts at everything. FWIW https://mastodon.social/@Mastodon/114709820512537821
the lawyers they hired put it in there, and they seemingly don't know enough about the law to know it's bad. they're working on it.
Also null and void in Spain. Judicial recourse is an non-waiveable right.
As it should be. Forced Arbitration is never to the advantage to the consumer