It's crazy "not the onion" territory.
Thing is, Disney wins a lot of lawsuits. What if they actually win this, especially in a higher court? Every tech company in the US would shove this into their TOS and basically be immune to lawsuits like this...
Off topic, but not capitalizing on Korrasami is one of the stupidest things Viacom has ever done, lol. Which is saying something.
How could they possibly think "No one will like this, quietly sweep it under the rug..."