I spent some time reading the whole explanation (question) and then I read through all the answers. The comments were fun to read and added some flavouring to the issue.
I then started writing an answer with options for each combination of being a StackExchangeStack Exchange user with/without the arbitration clause, and what effect it would have on StackExchangeStack Exchange for me and the community in the case of a class action lawsuit or a simple case in court. It was taking too much time, so I opted for the short write which I present here.
Summary
What it all boils down to for me as an individual:
- Case with Arbitration Clause = win or lose
- Case without Arbitration Clause = win or lose
- Class action lawsuit with Arbitration Clause = lose
- Class action lawsuit with no Arbitration = win or lose
So there is only one situation in which I definitely lose and that is when there is a class action lawsuit brought against StackExchnageStack Exchange and I am unable to participate (be a plaintiff), because I didn't opt out of the Arbitration clause.
The possibility of me suing StackExchnageStack Exchange or StackExchnageStack Exchange suing me is currently near 0%. (As of the 11th May 2018)
Should I Stay or Should I Go? (The Clash)
The Future
Now somewhere in the near future StackExchangeStack Exchange might decide to change things. They might want to expand or sell to the highest bidder. Then a big NO-NO happens and the proverbial body-ejected-mass hits the fan.
What changes for me as a StackExchangeStack Exchange user? Nothing.
Should that big NO-NOno-no happen, then StackExchange asStack Exchange as whole would possibly just cease to exist. I lose as a community member and have a slight chance of winning a small monetary compensation for work that I voluntarily submitted to the community, based on a decision I may have made in the next couple of days.
I don't think that is such a big deal.
Arbitration Clause Button
Here is a possible solution to the Arbitration Clause opt-in/opt-out situation. Add a three-way button to each user profile. Set the button in the middle (0) position. The user has thirty (30) days to either opt-out (-1) or opt-in (1) to the arbitration clause.
If a user doesn't decide to either opt-in (1) or opt-out (-1) of the arbitration clause after thirty days, then the switch is set to opt-in (1) and locked (greyed out).
If a user opts-in (1) then the switch is locked in the opt-in mode (greyed out).
If a user opts-out (-1) then the switch is locked in the opt-out mode (greyed out).
Any future change in ToS / ownership / ... allows the user to reset the Arbitration Clause Opt-In / Opt-Out button. The button is unlocked and is allowed to be set in another position for a certain period of time.
CouldIt could look a bit like this:
Code is a combination of Toggle Switch (w3schools.com) and 3 State CSS Toggle Switch (stackoverflow.com)