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New Sony PSN Terms of Service Agreement Includes Class Action Waiver
Posted on 9/15/11 at 11:44 pm
Posted on 9/15/11 at 11:44 pm
Terms of Service Agreement (September 15th) - PDF
So by using Playstation Network from this date forward, you relinquish your right to participate in a Class Action Suit against Sony.
Only a handful will find this interesting, I'm sure. But it is sneaky business nonetheless.
ETA: Escapist article about the waiver
quote:
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN
ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL
BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR
UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR
PRIVATE ATTORNEY GENERAL LEGALACTION, UNLESS BOTH YOU AND THE
SONY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO
DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS
PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A
CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011.
So by using Playstation Network from this date forward, you relinquish your right to participate in a Class Action Suit against Sony.
Only a handful will find this interesting, I'm sure. But it is sneaky business nonetheless.
ETA: Escapist article about the waiver
This post was edited on 9/15/11 at 11:52 pm
6
Posted on 9/15/11 at 11:54 pm to Muppet
quote:
But it is sneaky business nonetheless.
Sneaky, but genius on their part
This post was edited on 9/15/11 at 11:54 pm
Posted on 9/15/11 at 11:57 pm to Sir Saint
I guess it's time for all of the zealots who are so ideologically opposed to Sony's business practices to show how much their principle is worth.
Will they simply stop using Playstation Network now? My guess is that most Playstation 3 owners will accept these conditions and continue to bitch as they play Black Ops with their friends.
Will they simply stop using Playstation Network now? My guess is that most Playstation 3 owners will accept these conditions and continue to bitch as they play Black Ops with their friends.
Posted on 9/16/11 at 12:57 am to Muppet
quote:
My guess is that most Playstation 3 owners will accept these conditions and continue to bitch as they play Black Ops with their friends.
I'm pretty sure 99.9999% of people do not read terms and conditions (myself included). They will not know what they were agreeing to, and if they do, it won't stop them from agreeing anyway.
IOW, you likely won't see any drop in PSN usage.
Posted on 9/16/11 at 10:20 am to Sir Saint
we're all going to be turned in to Cent-Ipads 
Posted on 9/16/11 at 10:21 am to Muppet
Don't care, just let me play games.
Posted on 9/16/11 at 11:03 am to The Sad Banana
I don't care either. Such is the nature of a monopoly.
Posted on 9/16/11 at 11:06 am to Muppet
Didnt read when I had to sign it. Didnt read it when you posted it. Posted on 9/16/11 at 11:07 am to Muppet
It's not like I'd ever care that much over a free service to join the hassle of a class action law suit.
Posted on 9/16/11 at 11:09 am to The Sad Banana
I will continue to use the free service, but I have removed my billing information.
Posted on 9/16/11 at 11:11 am to Muppet
You don't buy dlc?
Posted on 9/16/11 at 11:14 am to Muppet
This only fricks the attorneys imo. And I'm totally fine with that.
Posted on 9/16/11 at 12:07 pm to The Sad Banana
I only have four PS3 games and haven't downloaded DLC for any of them. I mostly use my PS3 for Playstation Originals (which I have the disks for) and watching Blu-rays.
Posted on 9/16/11 at 12:13 pm to Muppet
I use my PS3 to listen to music, watch tv, movies, and edit photos...isn't that what it's for?
Posted on 9/16/11 at 12:24 pm to LewDawg
not sure how well that TOS agreement would hold up in court. That being said, I can't think of a single reason I would join in a class action suit against sony.
Posted on 9/16/11 at 12:58 pm to Alabama Slim
quote:
not sure how well that TOS agreement would hold up in court.
Isn't it a legally binding contract? How would one dispute it?
Posted on 9/16/11 at 1:19 pm to Muppet
quote:
Isn't it a legally binding contract? How would one dispute it?
for starters, a large portion of their customer base is to young to legally enter into a contract.
Posted on 9/16/11 at 1:29 pm to Alabama Slim
Well, in the case of stolen debit/credit card information, anyone with that on file must either be 18 or have a parent over the age of 18. Does the account technically belong to the parent or to the child who actually agrees to the terms?
Posted on 9/16/11 at 1:34 pm to Muppet
can a child agree to a contract that is legally binding for thier parents CC? Like I said, there is so much gray area I'm not sure how well TOS agreements would hold up in court.
I look at them like I look at release forms when you go skydiving, bungy jumping or driving a racecar at Talladega. You sign a form saying they are not liable for your injury or death. But if you get injured or die, they are getting sued.
I look at them like I look at release forms when you go skydiving, bungy jumping or driving a racecar at Talladega. You sign a form saying they are not liable for your injury or death. But if you get injured or die, they are getting sued.
Posted on 9/16/11 at 7:20 pm to Alabama Slim
Bummer. How is some fat cat trial lawyer going to make millions off an issue no Sony user cares about? And now nobody will get a $1 coupon for the settlement.
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