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New Sony PSN ToS: Class Action Waiver Included

rwven writes "Yesterday Sony sent an email to PlayStation Network members regarding a change in the Terms of Service for PSN. When agreeing to this new terms of service, you must waive your rights to a class action suit against Sony. I, for one, will not be agreeing to any such thing. You can view section 15 of the new ToS here (PDF)."

10 of 378 comments (clear)

  1. Time to go for a class action suit. by joaommp · · Score: 5, Insightful

    Time to go for a class action lawsuit for trying to make us waive our right to a class action lawsuit. Sony can burn in hell.

    1. Re:Time to go for a class action suit. by Moryath · · Score: 4, Insightful

      All it takes is one good judge to declare that crap unconscionable and unenforcable. ESPECIALLY since it's blatantly a try to protect their asses after setting off multiple class-action suits that are already on the books in which the only possible outcome is Sony getting their asses handed to them in court.

    2. Re:Time to go for a class action suit. by Hatta · · Score: 5, Insightful

      Where are you going to find a good judge?

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  2. Re:so let me get this right... by tysonedwards · · Score: 5, Insightful

    It is surprising how a company that used to be regarded as the highest quality whatever-it-was-trying-to-sell can now have the level of respect usually afforded used car salesmen.

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    Thirty four characters live here.
  3. Re:Cool story, bro by Anrego · · Score: 3, Insightful

    The fact that you can agree to it by clicking a button, but waiving it involves letters and stamps and writing is very telling.

    Obviously this is on purpose. They could very easily have an extra button (or website somewhere) to opt out, but by requiring users to mail in a letter... they are banking on the fact that most people won't bother (and they are probably right).

  4. Re:so let me get this right... by Hatta · · Score: 5, Insightful

    Of course you can. If you hire enough lawyers almost anything is legal. Notice how no one at Sony has gone to jail for hacking thousands of computers with their rootkit. However, if I just hacked one Sony computer, what do you expect would happen?

    The US government plainly does not care about the law, or its citizens. All they care about is pleasing powerful corporations and well connected individuals.

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  5. Re:so let me get this right... by gstoddart · · Score: 3, Insightful

    It's not legal, you can't put terms in a contract like that, there's no way that would ever stand up in court.

    Sadly, I don't think there's enough established case-law and precedent to make that a guaranteed thing.

    For example, SCOTUS has ruled that they can force you to arbitration ... so as long as SCOTUS figures the rights of companies trump yours, I fear what you say might not be true.

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  6. Re:You have the ability to opt out by v1 · · Score: 3, Insightful

    The problem is, if only say 2% of the people that click Agree actually send that mail, (and that'd be a very optimistic number) then those 2% are the only ones that can engage in a class action suit. And with such small numbers, getting class status will be impossible. And Sony knows this. So there's no point to it, sending that letter is a waste of time unless you are trying to opt out of arbitration instead of class action, and intend to hire a lawyer.

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  7. Re:South Park "CentiPad" anyone? by ProfMobius · · Score: 3, Insightful

    You did a great job at talking about everything NOT relevant in the episode, beside the relevant part (and the central one). Namely, putting weird clauses in EULA that people do not read but remove some of their basic rights.

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    EULA : By reading the above message, you agree that I now own your soul.
  8. So? Fuck the class action suit. by Khyber · · Score: 3, Insightful

    You'll get more money (and they'll lose more) in small claims court.

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