We don’t need more laws. We need to repeal the arbitration act, and let things like this get resolved in court, where we can establish a precedent against this kind of stuff.
Courts follow laws as written, and make decisions and establish precedent whenever laws are vague, in edge cases, or when laws conflict.
But for stuff like this new laws are absolutely required. Why would you prefer unelected judges to be making stuff up, instead of democratically elected lawmakers whose literal job it is to decide these kinds of policies with input from constituents?
Today in the US they are codified into actual statute.
I have never in my life heard the claim that the codification of law is an attempt to "undermine the judiciary"... after all, statutes passed by democratically elected representatives is the very cornerstone of democratic governance.
I'm genuinely curious, is your perspective something you've come up with on your own? Or did you get it from somewhere else, is there a name or movement behind it?
I've simply never come across the idea that the power of courts should be elevated so far above that of legislatures. (I mean, judicial review is one thing, but that's limited to conflicts between legislation and the constitution.)
The legislature then won’t have the votes to pass a contradictory amendment, so they “codify” in a way that leaves something out of context or creates an ambiguity.
Litigants then cite the statute instead of the precedent… even though they legislature never actually changed the law.
“Open” “unsupported” hardware would be hard because frankly I don’t know what that means. People who have the Spotify thing are pretty much free to do what they want with it. There are some DRM and anti-circumvention laws… but those are bad laws regardless of whether the device is supported or not. Again, just repeal those statutes as well.
A million arbitrations means a million arbitrary results, where one claimant doesn’t know what evidence was uncovered in the other cases.
Most importantly punitive damages. Arbitrators almost never impose real punishments, which means more companies commit fraud / act maliciously towards customers.
I also need to some detail about how companies are trying to enforce MDL-like bellwether and mass-arbitration rules in order to further reduce costs and chance of success.