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Roku’s Ultimatum: Surrender Jury Trial Rights or Lose Access to Your TVs
(programming.dev)
Did your Roku TV decide to strong arm you into giving up your rights or lose your FULLY FUNCTIONING WORKING TV? Because mine did.
It doesn't matter if you only use it as a dumb panel for an Apple TV, Fire stick, or just to play your gaming console. You either agree or get bent.
If a company takes you to court, you can't just decide to ignore them. Either you/your representative turns up on the designated court dates and presents a case, or you'll most likely lose by default.
If it was possible to make a court case go away just by ignoring it then everyone would just do that.
If an EULA is not a binding contract, what standing do they have to bring forth a case?
An EULA is nominally a binding contract, in the sense that it is presented as such. No court has ever ruled and given precedent to the effect that EULAs are universally non-binding (because companies have always settled out of court for cases where it looks like they're going to lose).
It is well understood that the arguments against EULAs being binding are solid ones, and that the reason why so many cases settle is because companies are not confident of winning cases on the strength of EULA terms, but you still need to go through the rigmarole of attending court and presenting your defence case. That's how court cases work.
Edit: And perhaps more to the point of the OP, if you want to sue a company over some defect or service failure, it'll be them who introduce the EULA as a defence, and it'll be for you/your lawyers to argue against it. Which adds complexity and time to what might otherwise have been a straightforward claim, even if you win.
Fuck every paragraph of our legal code then, this isn't justice, this is just another layer of protection for the owner class.