- Disney has to actually file a court case against everyone who violates their "terms" and win them all.
I think they're trying for the first option. Suing thousands of people for stupidly unreasonable reasons is not a good look, especially for a company where image is everything.
Why would Disney have to sue anyone? The violation will come from Disney, not thousands of people.
Disney is saying they have the right to use any tweet containing the hashtag, including your name (and probably profile picture). If they use your tweet and you don't like it, you can sue them for copyright violation or using your name in advertising. However, there is no way in hell you can win that suit, because it is Disney and it will take years or decades and millions of dollars to fight it in the courts.
So if they use your tweet in advertising without your consent, your options are (1) to give up and move on, or (2) to spend the rest of your time on earth and all the money you have and will earn to fight them in courts.
Another option is to collectively create such a massive backlash that they don't dare do this again. Maybe also lots of bots flooding the tag with text that can pass automated screening but is utterly unsuitable for them to publish?
Yeah it sucks. The real solutions are all political in nature. My hope is that this kind of collective action might ultimately help create the political will needed to doggedly persue IP law reform.
- everyone has to silently acquiesce to this,
- Disney has to actually file a court case against everyone who violates their "terms" and win them all.
I think they're trying for the first option. Suing thousands of people for stupidly unreasonable reasons is not a good look, especially for a company where image is everything.