😳 Can Disney+ save Disney from a death suit?

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TOP STORY
😳 Can Disney+ save Disney from a death suit?

Disney is trying to avoid paying for a wrongful death lawsuit by claiming the plaintiff was subscribed to Disney+.

Wait, what? I’m so confused, as you should be too, so let’s back this one up.

The incident recapped:

• Jeffrey Piccolo filed a $50,000+ wrongful death lawsuit against Disney after his wife unfortunately died last year from an allergic reaction following a meal at a restaurant in Disney Springs.

• The lawsuit claims Kanokporn Tangsuan, her husband Jeffrey Piccolo, and his mother decided to eat at an Irish pub in Disney Springs in October 2023 because Disney’s website advertised it as offering “allergen-free food.”

• Tangsuan informed their server numerous times that she had a severe allergy to nuts and dairy products and that the waiter “guaranteed” the food was allergen-free.

• About 45 minutes after finishing their dinner, Tangsuan had difficulty breathing while out shopping, collapsed, and died at a hospital.

• A medical examiner determined she died as a result of “anaphylaxis due to elevated levels of dairy and nuts in her system.”

That’s very unfortunate and upsetting. But how exactly does Disney+ get the company off the hook?

Well, despite being “deeply saddened” by this loss, Disney really doesn’t think they are to blame.

In addition to Disney claiming they neither owned nor operated the Irish pub where she ate, they also argue that Piccolo agreed to settle any lawsuits through arbitration when he signed up for a Disney+ trial in 2019, acknowledging the fine print.

Say what now? The first page of the Subscriber Agreement states, in all capital letters, that “any dispute between You and Us, except for small claims, is subject to a class action waiver and must be resolved by individual binding arbitration.”

Now, there are some glaring flaws with this defense.

Or, as Mr. Piccolo’s lawyer says, the claim is outright “preposterous,” “insane,” and borderline “surreal.”

• First, suppose the digital contract signed by Tangsuan, or more specifically, her husband, applies to something so significant and irrelevant to a streaming platform.

• In that case, it means that 150+ million subscribers have also unknowingly signed away their right to sue the company in any situation, even if it’s literally a matter of life or death.

Both sides will soon have the opportunity to make their cases in front of a Florida judge.

The court has scheduled a hearing on Disney's absurd motion for October 2.

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FOOD
🛒 The snack industry changed forever

Earlier this week, Mars, one of the world’s largest privately owned companies, announced it was acquiring snacking giant Kellanova for $35.9 billion.

Mars, which has a stranglehold on Halloween with brands like M&M, Snickers, Twix, and Skittles, wants to create a 'broader, global snacking business' through recognized and popular brands, which Kellanova has plenty of.

Kellanova’s bundle of brands is the perfect savory to Mars' sweet (literally).

Their current brands include Pringles, Cheez-It, Pop-Tarts, Special K, Rice Krispies Treats, and Eggo.

In addition to the snacks themselves going together like PB&J, the deal's timing also makes a ton of sense for Mars.

• Food prices in the United States have increased roughly 25% from 2019 to 2023.

• Snack food prices jumped 23% in two years from mid-2021 through mid-2023.

• 73% of Americans snack at least twice daily.

And when people go to the grocery store, they’re more likely to pick the brands they’ve known and loved for decades.

With Mars owning around 4.5% of the U.S. snacking market and Kellanova owning about 3.9%, this partnership is bound to form the snacking behemoth your crunchy mom neighbor has nightmares about.

SOCIAL MEDIA
🤯 Grok is completely out of control

As you likely already know, because we speak about it a lot, xAI, Elon Musk’s AI company, created the most polarizing chatbot known to man, Grok.

The other differentiator is the unique responses Grok gives you, which ChatGPT would never offer.

And now, Grok got a lot more controversial after its latest update.

Grok now lets users create images from text prompts (powered by Black Forest Lab’s Flux 1 AI model), just like the GPT-4 does.

The difference is that Grok doesn't seem to have any real restrictions on what it will create for users, even if it's wildly inappropriate.

Here are some of the wildest examples:

• Barack Obama doing cocaine.

• Donald Trump with a pregnant woman who (vaguely) resembles Kamala Harris.

• Donald Trump shooting guns.

• Mickey Mouse and Mario chillin' together.

Oh god, yikes, this seems like about a thousand lawsuits just waiting to happen.

How can Grok create these kinds of images? Are there no guidelines or restrictions that Grok has to abide by?

Technically, yes.

When asked about its limitations, Grok will tell you that:

• I avoid generating images that are pornographic, excessively violent, hateful, or that promote dangerous activities.

• I’m cautious about creating images that might infringe on existing copyrights or trademarks. This includes well-known characters, logos, or any content that could be considered intellectual property without a transformative element.

• I won’t generate images that could be used to deceive or harm others, like deepfakes intended to mislead, or images that could lead to real-world harm.

Uh-huh, sure, Grok, except you've done everything you said you wouldn't.

Even if Grok doesn’t generate an image to begin with, users can easily exploit many loopholes.

I’m sure by now, everyone working at X must have an aspirin on standby, given the controversy that seems to occur daily.