Author Topic: Interesting binding arbitration cases, Vox Day, Owen Benjamin, DoorDash  (Read 373 times)

0 Members and 1 Guest are viewing this topic.

Online patentlymn

  • Conservative Hero
  • ****
  • Posts: 3992

I came across this because of Vox Day. The Doordash case is interesting. The Vox Day situation involved kickstarter or a similar corp.

Interesting (to me) legal issues.Stay with me. The serfs fight back.   Big corps like DoorDash (food delivery) force agreements on their serf gig employees who they call independent contractors.
Patreon and kickstarter are services that allow people to give money to a party with patreon/kickstarter taking a piece of the action.
Also some corps like Patreon and Kickstarter write terms of service. What they all have in common is they mandate binding arbitration and forbid law suits, to handle disputes. The Patreon and Kickstarter terms of service specify that they have no part of a separate contract between  the person donating the money and the party taking the money.

So .... around 5000 Door dash serfs file complaints under binding arbitration in CA. Under CA law there are limits/rules for arbitration. The serfs have to pay maybe $150 to file and doordash has to pay for attys and fees etc. to defend, many up front. Doordash goes to court and says this is unfair. The court notes these terms were the ones they forced on the serfs and throws them out of court. This will cost door dash a fortune.

Similar things with Patreon and Kickstarter (or similar company) cancelled the accounts of the some conservative recipients, like Vox Day and Owen Benjamin. Many of their donors filed complaints for tortuous interference with contract under binding arbitration. This will cost the corps a fortune but these were the terms they insisted on. All hell is breaking loose. They are suing their users etc. I find this amusing.

http://voxday.blogspot.com/2020/07/a-tale-of-two-filings.html

http://voxday.blogspot.com/2020/07/daily-beast-interview-with-owen-benjamin.html

So, Patreon cancelled Owen Benjamin's account so his subscribers (the "bears") sued Patreon for tortuous interference with contract, via binding arbitration, as required. Patreon changed the terms of service and sued each person in court for using binding arbitration. NO final result yet but the judge denied Patreon temporary injunction against the bears.

I find this a little interesting because vox day and owen benjamin are the only people who fought back, using the methods required in the terms of service.

https://voxday.blogspot.com/2020/07/court-hearing-today.html#comment-form

Mike Cernovich, actual lawyer, livetweeting about the proceedings

https://twitter.com/Cernovich/status/1282716063243747328

He said this case involves CA law that requires Patreon to pay the arbitration costs up front.
He cited a similar Doordash case.

https://www.courthousenews.com/doordash-ordered-to-pay-12m-to-arbitrate-5000-labor-disputes/


https://www.cernovich.com/patreon-mandatory-arbitration/
http://voxday.blogspot.com/2020/07/the-armchair-lawyers.html



When the law becomes a ruse, lawlessness becomes legitimate. -unknown