“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.
Then just don’t write controversial stuff into your ToS?
Nobody asked for forced arbitration and you could expect that this is not popular, given that it’s usually used by big companies in the US to crush legal action against them?
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
Then just don’t write controversial stuff into your ToS?
Nobody asked for forced arbitration and you could expect that this is not popular, given that it’s usually used by big companies in the US to crush legal action against them?
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.