Indie iOS app developer with a passion for SwiftUI

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Cake day: July 1st, 2023

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  • lazyvar@programming.devtoTechnology@lemmy.world*Permanently Deleted*
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    1 year ago

    You’re right that a lot of Terms of Service documents and similar agreement documents have language that reserves the right to modify those terms.

    At the same time just because something is in the terms doesn’t mean it can stand the test of adjudication and terms as well as changes are often challenged in court with success.

    Unity is in a particular tricky situation because the clause that governed modifications in their last ToS explicitly gives the user the option to pass on modifications that adversely affects them and stick with the old terms:

    Unity may update these Unity Software Additional Terms at any time for any reason and without notice (the “Updated Terms”) and those Updated Terms will apply to the most recent current-year version of the Unity Software, provided that, if the Updated Terms adversely impact your rights, you may elect to continue to use any current-year versions of the Unity Software (e.g., 2018.x and 2018.y and any Long Term Supported (LTS) versions for that current-year release) according to the terms that applied just prior to the Updated Terms (the “Prior Terms”). The Updated Terms will then not apply to your use of those current-year versions unless and until you update to a subsequent year version of the Unity Software (e.g. from 2019.4 to 2020.1). If material modifications are made to these Terms, Unity will endeavor to notify you of the modification. If a modification is required to comply with applicable law, the modification will apply notwithstanding this section. Except as explicitly set forth in this paragraph, your use of any new version or release of the Unity Software will be subject to the Updated Terms applicable to that release or version. You understand that it is your responsibility to maintain complete records establishing your entitlement to Prior Terms.

    https://web.archive.org/web/20201111183311/https://github.com/Unity-Technologies/TermsOfService/blob/master/Unity Software Additional Terms.md


  • I was wondering myself as well so I got you.

    Basically what happened was that these were technically two separate cases with two separate jury pools to decide the amount for damages.

    One jury pool came to the decision that there were damages and awarded $50k to each individual in couple 1 (totaling $100k) while the other jury pool independently decided that no damages should be awarded based on the same evidence.

    Keep in mind that this region is generally pretty hostile towards LGBTQ+ people. The judge had the option to overrule a jury if they find that the decision doesn’t match the evidence in the case.

    The lawyer of this lady is actually hoping for that in the case that lead to a $100k damages award as per the quote below.

    “Two juries heard the same evidence and the same arguments, and only one jury returned a verdict that was based on the facts and the evidence presented at trial,” Daniel Schmid, senior litigation counsel for Liberty Counsel and one of Davis’ attorneys, told CNN via email. “In the Yates case, the jury returned a verdict of $0.00 because that is what the evidence required.”

    “Without any evidentiary support, the Ermold jury reached a verdict of $50,000 for each plaintiff. The evidence presented at trial simply does not support that verdict, and Ms. Davis will be filing a motion for a judgment notwithstanding the verdict next week,” Schmid said. “Ms. Davis trusts that the courts reviewing the evidence presented will see that the Ermold verdict lacks any evidentiary support and will agree with the Yates jury that the plaintiffs are entitled to no damages whatsoever.”

    Source




  • I get asking for mercy for family or a close friend, even when they’ve committed crimes, heinous or otherwise. I’ll chalk that up to human emotions.

    But ffs, read the room a bit.

    His dedication to leading a drug-free life and the genuine care he extends to others make him an outstanding role model and friend.

    One of the most remarkable aspects of Danny’s character is his unwavering commitment to discouraging the use of drugs.

    His dedication to avoiding all substances has inspired not only me but also countless others in our circle. Danny’s steadfastness in promoting a drug-free lifestyle has been a guiding light in my journey through the entertainment world and has helped me prioritize my well-being and focus on make responsible choices.

    Saying stuff like that when he’s convicted of drugging victims before taping them is just nuts. Even by some sense of stupidity you think you’re just trying to highlight that he’s not a habitual drug user, you’re essentially just highlighting how calculated his actions were by drugging his victims.