[quote]In September, Sony updated its PlayStation Network terms of service to prevent class-action lawsuits. Now that change has itself instigated a class-action lawsuit.
According to court documents obtained by GameSpot, a Northern California man filed suit against Sony late last month on behalf of all customers who purchased a PlayStation 3 and signed up for PSN access before the September change to Sony's terms of service. The suit alleges that Sony engaged in unfair business practices by forcing consumers to either give up their right to file a class-action lawsuit or give up access to the online gaming network they effectively paid for when they purchased the hardware.
The suit says Sony buried the clause section describing the changes near the bottom of a 21-page form viewable through the PS3 and neglected to post an easily accessible version of the form online, even though it had done so with past user agreement updates. While the suit notes that Sony allowed an opt out from the class-action provision, the only way for consumers to do that was to contact the company in writing (no emails, phone calls, or online forms accepted) within 30 days.
Sony had not responded to a request for comment as of press time.[/quote]
Source
[url]http://www.gamespot.com/news/sony-sued-over-terms-of-service-update-6347852?tag=updates%3Beditor%3Ball%3Btitle%3B5[/url]
Dumb thing to put in a TOS anyways. Honestly, this in it's self should be outright illegal. Saying you cannot sue them if something happens and you either lose money or property is like saying, "Fuck you, we could 'Accidentally' delete your account and there's nothing you can do about it".
Sony's legal department is ridiculous.
Good.
good thing i opted out anyways!
Sony's defenses sound like 11 year olds arguing "NUH HUH YOU CANT SUE ME, BECAUSE I SAID SO"
"Ok guys new rule no one can sue"
Good. I hope this goes somewhere, it's not exactly easy for one man to take on a company like sony.
[quote]The suit says Sony buried the clause section describing the changes near the bottom of a 21-page form viewable through the PS3[/quote] Hardly buried. They sent out an email to all PSN users warning about that clause:
[release]The first time you sign in to your PlayStation®Network account on or after September 15, 2011, you will be asked to enter into a new Terms of Service and User Agreement ("TOS") and Privacy Policy with SNEI if you wish to continue using your PlayStation®Network account. Please review all changes to the TOS and Privacy Policy carefully before indicating your agreement. [B]In particular, please review Section 15 of the TOS, which now includes a class action waiver and requires that most disputes be resolved through arbitration.[/B] [/release] (emphasis added by me)
And when you opened the [URL="http://www.sonyentertainmentnetwork.com/SEN-legal-docs/TERMS_OF_SERVICE_AGREEMENT-EN.pdf"].pdf TOS[/URL], right on the first page there was capitalized red bold letters warning: [release][highlight]NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 15 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND SNEI, SONY COMPUTER ENTERTAINMENT INC., SONY COMPUTER ENTERTAINMENT AMERICA LLC, THEIR AFFILIATES, PARENTS OR SUBSIDIARIES (ALL ENTITIES COLLECTIVELY REFERRED TO BELOW AS “SONY ENTITIES”). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN SECTION 15.[/highlight][/release]
In addition to the page 1 warning, the specific clause in the agreement was also in capital red letters. Not even remotely close to being hidden or buried.
This is pretty bad ass.
That man sets an example for gamers everywhere.
[QUOTE=Jax Strife;33808098]Sony's defenses sound like 11 year olds arguing "NUH HUH YOU CANT SUE ME, BECAUSE I SAID SO"[/QUOTE]
[url]http://www.joystiq.com/2011/12/07/new-xbox-live-terms-of-service-prevent-class-action-lawsuits-aga/[/url]
I rest my case
I thought most courts just ignored the ToS if the conflict was substantial enough.
[QUOTE=Shoar;33809096][url]http://www.joystiq.com/2011/12/07/new-xbox-live-terms-of-service-prevent-class-action-lawsuits-aga/[/url]
I rest my case[/QUOTE]
That sites text hurts my eyes..
[img]http://filesmelt.com/dl/Capture495.PNG[/img]
I remember this. I was going to write them a letter just to be a douche but I never cared enough to do so. I guess someone else decided to do this on my behalf. Laziness does has it's rewards after all.
Sony are a bunch of assholes.
Get your credit card and personal info stolen and we'll give you games for them. Oh, but you didn't download them at the specific period we set out? Oh shit, well too bad no games man
[QUOTE=Jurikuer;33809184]I remember this. I was going to write them a letter just to be a douche but I never cared enough to do so. I guess someone else decided to do this on my behalf. Laziness does has it's rewards after all.[/QUOTE]
Lmao yeah man write that angry letter!!,
Doesn't matter. Not only are ToS/Eula's not legally binding, you cannot sign away your legal rights.
[QUOTE=Soldier32;33811653]Lmao yeah man write that angry letter!!,[/QUOTE]
writing a letter to my congressman as we speak
Who cares? What reason does the average joe have to sue Sony anyway?
Also what does this guy even want out of the case?
[QUOTE=Spacewolf;33808196]Good. I hope this goes somewhere, it's not exactly easy for one man to take on a company like sony.[/QUOTE]
Well seeing as it's a class-action lawsuit it isn't him taking them on by himself. It's everyone that owns a PS3 and joins the lawsuit. He's representing all PS3 owners.
[editline]20th December 2011[/editline]
[QUOTE=Pteradactyl;33813808]Who cares? What reason does the average joe have to sue Sony anyway?
Also what does this guy even want out of the case?[/QUOTE]
Well I think getting the credit cards of all of their loyal customers stolen is a pretty good example.
[QUOTE=Pteradactyl;33813808]Who cares? What reason does the average joe have to sue Sony anyway?
Also what does this guy even want out of the case?[/QUOTE]
They got hacked before and a bunch of credit cards were stolen or something like that, people lost money, and Sony didn't tell anything to anyone about getting hacked.
[quote]The suit alleges that Sony engaged in unfair business practices by forcing consumers to either give up their right to file a class-action lawsuit or give up access to the online gaming network they effectively paid for when they purchased the hardware.
[/quote]
This is retarded, but i am pretty sure origins TOS has something to this effect as well, and they have not gotten sued yet...
Suing is getting out of hand, crap like this and the patent crap.
Hell I am not even allowed to graduate in the USA because my UNI will not provide insurance if I get sued there.
I am allowed to go to fucking Somali if I want but not the USA because they are sue happy.
(Going down under now)
I guess Sony doesn't want anyone suing them for the next time they lose everyone's info.
I don't have a PS3, which means I could sue them without any defense from them. I'll throw my Xbox out of the window too to do that same thing.
[QUOTE=ChilColdCoolaid;33816060]I guess Sony doesn't want anyone suing them for the next time they lose everyone's info.[/QUOTE]
Precisely. But we all know they aren't safe from being sued. So I was never concerned about it.
[QUOTE=J!NX;33814562]They got hacked before and a bunch of credit cards were stolen or something like that, people lost money, and Sony didn't tell anything to anyone about getting hacked.[/QUOTE]
Nobody lost money, and the details that were stolen were secured. Not secure enough to stop them being stolen, but secure enough to stop them being used, clearly. It was pretty much proven that nobody lost money, the people who claimed they did lost it through other means or lied to stir up a shitstorm.
I highly fucking doubt a global corporation would happily store extremely sensitive data in either plain text, or with little encryption/ hashing, no matter how secure they think their system is. In fact, it's pretty much illegal for them to do so.
Ok I'm just going to throw this out there. Who DIDN'T see this coming?
[QUOTE=hexpunK;33816372]Nobody lost money, and the details that were stolen were secured. Not secure enough to stop them being stolen, but secure enough to stop them being used, clearly. It was pretty much proven that nobody lost money, the people who claimed they did lost it through other means or lied to stir up a shitstorm.
I highly fucking doubt a global corporation would happily store extremely sensitive data in either plain text, or with little encryption/ hashing, no matter how secure they think their system is. In fact, it's pretty much illegal for them to do so.[/QUOTE]
regardless, they were still hacked, and told no one immediately.
Good point however, my good man.
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