"As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”
Notice they still claim arbitration is their right, that the streaming agreement is still valid, but would rather appease the masses to mitigate bad publicity.
The right case where there isn’t popular support for the plaintiff.
Bonus points if the case has more of a grey area such as the plaintiff agreed to the TOS while doing something similar with another business unit and closer in time to when the incident occurs.
I.E they sign the TOS for a Disney cruise and the incident happens a week later at the park.