[quote]Last week, Sony amended the PlayStation 3 Terms of Service to include a little footnote that says you are no longer allowed to enter into a class action against the company. While this is kind of annoying, it’s just the first of many – EA has also jumped upon the band wagon, and agreeing to their ToS will waive your right to trial by jury, too.
This is included in EA‘s most recent terms of service, covering both the Origin PC platform as well as any accounts made for the company’s online services:
[quote][b]By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action.
YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND EA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
YOU AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.[/b][/quote]
…sorry for the yelling, but – believe it or not – those are EA‘s capital letters there, not mine.
Roughly translated, it means that class action suits are now expressly forbidden, and individuals are now no longer permitted to sue the company in a court of law. If you really want to see EA to court, you’ll have to find a reason that has something to do with piracy, theft or intellectual property – and, judging by the wording of that clause, the company’s expecting to be the one hauling you up in front of a judge.
Unfortunately, we’ll be seeing more of this in future, as a wave sweeps across the United States. The reason: Juries tend to find in favour of the individual in any David-and-Goliath-esque consumer vs multinational corporation case. Private, third-party arbitration, on the other hand, tends to find in favour of the corporation (or, in the unusual instance where a consumer comes out victorious, the pay-out is uncharacteristically low).
Added bonus: Private arbitration hearings cannot be appealed or reviewed, and they have a tendency to slip under the media radar. See why it’s so tempting?
Generally speaking, these terms of service can be opted out of, if you do it quickly enough (the boat has largely sailed on both of these). It’s a process that requires sending a letter (physical, ink-on-paper kind) to an office, and has to be received within 30 days of the new ToS being issued.
There is, however, a little good news if you live outside the United States. According to EA, if you live in “Quebec, Russia, Switzerland and the Member States of the European Union”, you’re exempt (we believe this stretches to include Australia, New Zealand and parts of Asia also).
More on this story as it happens, but we’re seeing it as a bit of a scary, bastardly move on the part of the publishers. Even if we don’t want to fight back, it’s still nice to know we have that option.[/quote]
[url]http://www.gamepron.com/news/2011/09/25/ea-terms-of-service-remove-your-right-to-fight/[/url]
EA, Sony, Valve, BFFs
Isn't that illegal?
[QUOTE=Red scout?;32485755]Isn't that illegal?[/QUOTE]
[URL="http://www.usatoday.com/news/washington/judicial/2011-04-27-supreme-court-class-actions_n.htm"]AT&T became a even bigger massive fucktard and ruined it for everyone[/URL]
Oh silly US court system, always allowing such hijinks.
Such a clause can be easily put aside by the courts, in the same way you cannot sign away your life and so on.
[editline]26th September 2011[/editline]
Well, I hope that's the case in the United States anyway.
[editline]26th September 2011[/editline]
Assumed the United States was a developed and civilized country?
[quote]The Supreme Court ruled Wednesday that consumers can be bound by an arbitration clause in a cellphone deal or other contract even when state law permits a class-action lawsuit for claims arising from the deal.[/quote]
[B]ASSUMED WRONG[/B]
The reason the jury tends to side with the lonely individual rather than the corporation is because the corporations try to get some ridiculous amount of money off of people who wouldn't make a tenth of what they want in their lifetime, so what's the fucking point? Basically this means we'll continue to harass the public if we want to, but you can't stand up for yourself in a worst case scenario
Why doesn't everything with a ToS just add this? I think it's probably not legal. No matter what you can take someone to court, in the USA, period
[QUOTE=Zeke129;32485697]EA, Sony, Valve, BFFs forever[/QUOTE]
Best friends forever forever
Didn't blizzard have a "We own your soul" thing in their wow agreement?
[QUOTE=TheTalon;32485897]The reason the jury tends to side with the lonely individual rather than the corporation is because the corporations try to get some ridiculous amount of money off of people who wouldn't make a tenth of what they want in their lifetime, so what's the fucking point? Basically this means we'll continue to harass the public if we want to, but you can't stand up for yourself in a worst case scenario
Why doesn't everything with a ToS just add this? I think it's probably not legal. No matter what you can take someone to court, in the USA, period[/QUOTE]
This is what I thought as well, but I've slowly come to realization that land of the free only refers to corporations, while the individual can go fuck themselves.
I'm sure we'll see many things with a ToS adding that, at least until Scalia dies.
[QUOTE=gazzy_GUI;32485903]Didn't blizzard have a "We own your soul" thing in their wow agreement?[/QUOTE]Was that also the case where you got an automated verification email from "Shang Tsung" if you agreed, or did someone else just have the same idea?
[QUOTE=gazzy_GUI;32485903]Didn't blizzard have a "We own your soul" thing in their wow agreement?[/QUOTE]
Don't forget Apple and the whole thing about biological weapons in the Itunes agreement.
[QUOTE=Red scout?;32485755]Isn't that illegal?[/QUOTE]
Well it could be put aside in courts but at the same time they put anything they want in there, since by agreeing you're saying that you did read it and that you know the consequences.
[editline]26th September 2011[/editline]
Relevant:
[video=youtube;ynpnYh4o_Qo]http://www.youtube.com/watch?v=ynpnYh4o_Qo[/video]
Why not just put "we are allowed to fuck you until you drop" in the ToS. Seriously, what happened to the customer coming first before profit?
[QUOTE=Solo Wing;32486717]Seriously, what happened to the customer coming first before profit?[/QUOTE]
I never recall EA having that.
I love how the US has no laws to simply outlaw such clauses, making them void, it's liek they just let a company put their ToS to "WE OWN EVERYTHING YOU BUY FROM US AND YOU ARE CANT TAKE ANY LEGAL ACTION AGAINST US", there they are completely safe from anything.
No problem guys, just relax, we can still sue Activision.
Who cares about the terms of service anyway you are not supposed to read, just click accept and play the game / use origin as you please.
[QUOTE=Gekkosan;32486753]Who cares about the terms of service anyway you are not supposed to read, just click accept and play the game / use origin as you please.[/QUOTE]
How could you be so stupid? Of course you try and read the terms of service, especially in this day and age with stupid things like this happening.
[QUOTE=ToXiCsoldier;32486750]No problem guys, just relax, we can still sue Activision.[/QUOTE]Don't give them any ideas. That's the last thing we need.
I like how it says "Quebec", and not "Canada".
Doesn't really bother me since I doubt they could piss me off enough for me to sue them. Even if you did sue them you wouldn't win anyway.
[QUOTE=-n3o-;32486780]How could you be so stupid? Of course you try and read the terms of service, especially in this day and age with stupid things like this happening.[/QUOTE]
You don't need to read it if your intentions are just to play the game and use the service as it's supposed to be used; to purchase and download games, and to play them.
I wouldn't even wanna sue them..
[QUOTE=Solo Wing;32486717]what happened to the customer coming first before profit?[/QUOTE]
Uh, since businesses were about profit in the first place?
[QUOTE=alexk;32486796]I like how it says "Quebec", and not "Canada".[/QUOTE]
Truth be told Quebec has much better consumer rights than the rest of the country. But you're right. EULAs have never held up in court here as long as I can remember in ANY PROVINCE.
EA Games.
[I]Challenge everything.[/I]
I'm glad I have nothing to do with EA.
[QUOTE=Red scout?;32485755]Isn't that illegal?[/QUOTE]
In [I]theory[/I] things like that wouldn't stand up in a court in Europe.
[QUOTE=Jsm;32487188]In [I]theory[/I] things like that wouldn't stand up in a court in Europe.[/QUOTE]
It doesn't stand up in Australian courts.
For good bloody reason.
Sorry, you need to Log In to post a reply to this thread.
