

It wasn’t as unrelated as it might appear. Firstly, they used their D+ account to make their Disney account. Secondly, the whole point of that argument was that in the Disney account EULA, the relevant one, there is an arbitration clause. They only brought up the D+ account in passing because it has the same clause, emphasizing that they had to read and agree to the clause twice, and if they didn’t catch it it’s not Disney’s fault they lied about reading it. They basically said “look, this is an issue regarding the Disney account, and they said right here they read and understood the terms that include arbitration. And here, they read and agreed to the exact same terms a few months earlier on D+. This shouldn’t be any surprise if they were truthful when they claimed to have read it.”
Disclaimer, arbitration clauses are bullshit and need to be reworked/eliminated as they are generally very anticonsumer and I don’t think it’s good that they have that clause. But accepting that this exists, Disney didn’t really do anything particularly scummy.
People overestimate the fiduciary responsibility of public companies. It’s true they will often pursue aggressive short term gains to attract more investment in several forms, including higher stock prices. But as long as they are arguably trying to help the company they are considered to have fulfilled their obligation. You have to be able to prove in court they are trying to harm the shareholders to run afoul of that responsibility, which is a fair hurdle. And it isn’t really that difficult to avoid a forced IPO by keeping under the 500 shareholder threshold if one really wants to avoid it.