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Sony Agrees To $17.75m Settlement For 2011 PSN Attack

Posted by Unknown on from the claim-your-prize-now dept.

mrspoonsi (2955715) writes with word that Sony has agreed to settle a class action lawsuit brought by PSN users affected by the 2011 breach. From the article: Sony has finally agreed to a preliminary settlement of $15m, which may be able to appease most of the customers that suffered from this attack. The PlayStation Network users that did not partake in the "Welcome Back" program that Sony unveiled shortly after their online services were brought back will be able to choose from two of several options for compensation: One PlayStation 3 or PlayStation Portable game selected from a list of 14 games; three PlayStation 3 themes selected from a list of six themes; or a three-month subscription to PlayStation Plus free of charge. Claiming these benefits will be done on a first come, first serve basis ...The settlement isn't just about free games or services. Customers with documented identity theft charges are eligible for up to $2,500 per claim.

66 comments

  1. Nintendo by ChanceCallahan · · Score: 0

    This is why I am a Nintendo fan. You never hear about them having security breaches, do ya?

    1. Re:Nintendo by Anonymous Coward · · Score: 0

      The Club Nintendo hack was only last year, not to mention the Lulzsec security breach in 2011

      Far from spotless track record

    2. Re:Nintendo by Anonymous Coward · · Score: 0

      They'd have to have a userbase, and one that actually uses their awful online capabilities, for their network to be a viable target.

    3. Re:Nintendo by oodaloop · · Score: 2

      And because you don't hear about them, that means they don't happen, right?

      --
      Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
    4. Re:Nintendo by Anonymous Coward · · Score: 0

      You never hear about them having security breaches, do ya?

      Nope. Most twelve year olds don't have CC numbers to steal.

    5. Re:Nintendo by RaceProUK · · Score: 1

      Nintendo has a huge userbase. It's just only 0.0000000000000000000000000000000000000000001% of them can actually be bothered to go through the pain of the Nintendo Network.

      --
      No colour or religion ever stopped the bullet from a gun
  2. The games by slashdice · · Score: 2
    PS3:

    Dead Nation, InFamous, LittleBigPLanet, Super Stardust HD, rain, and 3 others to be determined later

    PSP:

    LittleBigPlanet, ModNationRacers, Patapon 3, Killzone Liberation, and 2 others to be determined later.

    Nothing I'd pay money for. (and per the settlement, they're valued at $9.00 per).

    --
    Copyright (c) 1990 - 2014 Dice. All rights reserved. Use of this comment is subject to certain Terms and Conditions.
    1. Re:The games by TechyImmigrant · · Score: 1

      >ModNationRacers

      Is there a worse racing game?

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    2. Re:The games by timrod · · Score: 1

      Considering that stolen credit cards alone go for upwards of $40 each (according to articles I've seen) based on how high the credit limit on them is, this seems like a total ripoff. I also question the $9 per game value for the PSP stuff - most of the PSP games on PSN are $5. I brought my Vita to work, so I'll check it out on lunch break and report back.

    3. Re:The games by donscarletti · · Score: 3, Informative

      Metacritic rating of 82, GameRankings rating of 83.13%. I'm guessing that quite probably there are a lot of worse racing games.

      --
      When Argumentum ad Hominem falls short, try Argumentum ad Matrem
    4. Re:The games by CronoCloud · · Score: 2

      Aren't those the "Welcome back" games? They haven't listed the games in the new deal as far as I know.

      Ars Technica says those who didn't take part in the Welcome Back get two choices from 3. (PS3/PSP game, Themes, 3 months PS+), those who did get 1 choice of the three. And apparently those who get 2 can choose two of the same benefit, a la two games instead of 1 game and themes.

    5. Re: The games by Anonymous Coward · · Score: 0

      That big rig truckers game that you couldnt lose

    6. Re:The games by JaredOfEuropa · · Score: 1

      Typical for a class action suit: millions for the lawyers, gift certificates for the claimants.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    7. Re:The games by TechyImmigrant · · Score: 1

      Interesting.

      I thought it sucked donkey balls. Maybe I lack natural talent at sticking bloody pixellated stickers on badly rendered cars rather than racing them in a game with hopeless physics.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    8. Re:The games by slashdice · · Score: 1

      For the most part they seem to be. I grabbed the list from the scribd settlement (section 1.8)

      --
      Copyright (c) 1990 - 2014 Dice. All rights reserved. Use of this comment is subject to certain Terms and Conditions.
    9. Re:The games by CronoCloud · · Score: 1

      Which version? The PSP or the PS3? IIRC the PS3 versions physics are the way they are because you're supposed to be doing in-air tricks for boosts all the time. I found that feature annoying. If you want something more traditional, there's Little Big Planet racing, ModNation Racing's spiritual sucessor.

    10. Re:The games by CronoCloud · · Score: 1

      The funny thing is, if you took part in the "welcome back" deal, which I did, you could get two games out of those choices for each platform, for a total of 4 games. In addition to a month of PSN, FreeRealms and PS Home goodies (about 20 bucks worth of stuff for each), movie rentals and a Music Unlimited 30-day extension for those who subscribed to that.

      So those who didn't take part in "welcome back", actually get less stuff than those who did who can still get one of the benefits from the new settlement. Either a game, themes or 3 months of PS+

    11. Re:The games by TechyImmigrant · · Score: 1

      PS Vita

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    12. Re: The games by ShaunC · · Score: 1

      Wow, I hadn't thought about that in years! Got another laugh at its expense, thanks for the reminder. Big Rigs Over the Road Racing.

      --
      Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
  3. Ouch! by TechyImmigrant · · Score: 2

    That's going to hurt Sony's bottom line.

    --
    I should use this sig to advertise my book ISBN-13 : 978-1501515132.
  4. How do I prove this? by Anonymous Coward · · Score: 0

    I had my CC# used in a number of places. I refuted all charges and got a new card. This was right after the break-in. How do I prove this so I can get $2500? And no, I did take advantage of any of the stupid freebies they offered.

    1. Re:How do I prove this? by Anonymous Coward · · Score: 0

      I had my CC# used in a number of places. I refuted all charges and got a new card. This was right after the break-in. How do I prove this so I can get $2500? And no, I did take advantage of any of the stupid freebies they offered.

      It's super simple - just have one of your retainer lawyers handle it. First, spend a few tens of hours documenting everything charge you made in the last few years, subpena every merchant to get them to testify they had no breach, then spend another $2500-$10000 on litigating it in actual court, plus any appeals. Super simple.

      Impractical for you 99%'ers perhaps, but you should have been born in a better zip code.

  5. Link to claim form? by wgoodman · · Score: 1

    Why does TFA mention that it is first come, first serve, but not provide a link to where a person should make a claim?

    1. Re:Link to claim form? by bluefoxlucid · · Score: 1

      Why does TFA not mention we should maybe consider a little personal responsibility, eh? What is this, you let hackers take your identity? Maybe you should have refused to provide Sony with any information that would allow them to take out loans in your name!

      Oh, you have an address, and a credit card number? No social security number? Well, I guess you can spend credit card money; and the owner can chargeback the money, freeze the card, and get a new one.

      Sony wants your SSN, bank account details, and DOB? Dude fuck them. Go get Wii.

      The banks gave people a loan without your Driver's ID, SSN, etc? Just with your name and address? Dude, I can put an address into city services and get the names of the residents and their property tax payment dates and amounts, and any bill due. Tell the judge the bank is retarded for not getting actual ID.

      --
      Support my political activism on Patreon.
  6. If you had taken part in "welcome back"... by netsavior · · Score: 4, Informative

    The welcome back program was:
    TWO free titles from this list:
    Dead Nation
    inFAMOUS
    LittleBigPlanet
    Super Stardust HD
    Wipeout HD + Fury

    plus 30 days of Playstation Plus (note: "free" games, if "purchased" during this 30 day time frame remain on your account forever, I got several small/old games this way.)

    The new deal, for the holdouts is worse, imo.

    1. Re:If you had taken part in "welcome back"... by robstout · · Score: 1

      I agree. This isn't very appealing to me (already a PS+ member, and I did jump on welcome back program). I still don't trust Sony. I don't have any cc info with my account. Pre-paid cards makes life easier for the paranoid, like me.

    2. Re:If you had taken part in "welcome back"... by netsavior · · Score: 1

      yeah I have moved to prepaid cards for most everything video game related now, except for places where it carries a hefty premium, but that is rare, Steam cards even go on sale at Target sometimes... last month I paid $17.90 for a $20 gift card.

    3. Re:If you had taken part in "welcome back"... by UnknownSoldier · · Score: 1

      There is nothing more pathetic then Sony trying to "win" back customers then bribing them with free games.

    4. Re:If you had taken part in "welcome back"... by Talderas · · Score: 2

      You pay with a credit card, at a location that has suffered a credit breach, for a gift card to a service like Sony, because you're concerned about security and credit card breaches at Sony?

      Does that about sum it up?

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    5. Re:If you had taken part in "welcome back"... by CronoCloud · · Score: 1

      The new deal, for the holdouts is worse, imo.

      It's even worse than you think, because it was TWO free games for both the PS3 and PSP, for a total of four. AND FreeRealms and PS Home content worth about $20 for each, AND the month of PS+, AND an additional 30 days of Music Unlimited if you subscribed to that.

      Not only that, but those who took that deal still get 1 benefit choice from the new deal, either a game, the themes, or 3 months of PS+

    6. Re:If you had taken part in "welcome back"... by robstout · · Score: 1

      You are assuming he used a credit card to buy the gift card.

    7. Re:If you had taken part in "welcome back"... by netsavior · · Score: 2

      There is green paper-like substance that can be used to purchase goods and services. There is even a space for it in your wallet... it is that spot in the back that is twice as wide as the credit card slots.

    8. Re:If you had taken part in "welcome back"... by ZombieBraintrust · · Score: 1

      Also you got that stuff years ago when it was newer.

    9. Re:If you had taken part in "welcome back"... by RaceProUK · · Score: 1

      I don't have any green pieces of paper, but I can get blue, orange and purple pieces. There's even the lesser-spotted red piece; I've seen one twice in my life, so I know they exist

      --
      No colour or religion ever stopped the bullet from a gun
  7. What? by gstoddart · · Score: 2

    In order to compensate you for our insecure products and indifference to your privacy ... we're giving you more of our crappy, insecure products?

    Wow, did Sony write this settlement themselves?

    What a joke.

    --
    Lost at C:>. Found at C.
    1. Re:What? by Anonymous Coward · · Score: 0

      In order to compensate you for our insecure products and indifference to your privacy ... we're giving you more of our crappy, insecure products?

      Wow, did Sony write this settlement themselves?

      What a joke.

      Every other class-action seems to result in this kind of shit. Did you expect Sony to offer iPods for compensation? Of course they're going to settle by offering their own shitty resources, and the ones deemed the lowest value.

      I mean gosh, it's almost as if laws regarding lawsuits were written by corporate lawyers to ensure they collect most of the reward...what a shocker.

    2. Re:What? by Anonymous Coward · · Score: 0

      I mean gosh, it's almost as if laws regarding lawsuits were written by corporate lawyers to ensure they collect most of the reward...what a shocker.

      In other words, the transition of the US into an oligarchy in which any greedy asshole has more rights than the people he harms.

      This is what happens when a society elevates greed to a virtue.

      Congratulations America, you have shit in your own dinner plate.

      Americans deserve what they get. Unfortunately, they export this crap to the rest of the world.

  8. Small claims by Anonymous Coward · · Score: 0

    As usual, take it to small claims court. A class action lawsuit will never give you anything close to what the limit for small claims is.
    Also, the rules for small claims make it so that a large company can't outspend you to win.

    Class action only benefits the lawyers and the companies.

  9. Since When by wisnoskij · · Score: 5, Insightful

    Have companies been allowed to pay damages, as outlined and verified by the government in a legal suit, in product? Giving aways games is a marketing ploy, not a punishment.

    --
    Troll is not a replacement for I disagree.
    1. Re:Since When by Anonymous Coward · · Score: 1

      This is like a newspaper graciously allowing you to read the paper at a library in return for not delivering at your doorstep as they were paid to.

    2. Re:Since When by netsavior · · Score: 3, Insightful

      I have been a defacto member of several class actions... very rarely has it been a check in the mail. It has ranged from a Coupon to a month's free service, even gift cards. Paying in promotional materials seems to be the standard.

      I would also like to note that PSPlus is a service that encourages you to purchase discounted items, and also that Little Big Planet and InFAMOUS both have sequels, making them excellent marketing give-aways. This is not punishment at all. This is a 15 million dollar marketing campaign.

    3. Re:Since When by BradMajors · · Score: 1

      I have received over $1,000 in class action lawsuits. For me, the big payouts occurred when very few persons joined the class because no notice was given to anyone of those affected that a class action lawsuit even existed.

    4. Re:Since When by Anonymous Coward · · Score: 0

      Since the Microsoft settlement for their monopolistic practices. It was a slap on the wrist.

    5. Re:Since When by Anonymous Coward · · Score: 0

      It's not damages, it's a settlement.

    6. Re:Since When by Anonymous Coward · · Score: 0

      What a great fucking guy you are! Go blow goats!

    7. Re:Since When by Anonymous Coward · · Score: 0

      Well there were only 7 people who actually signed up for GNAA Lifetime Membership and you were the only one who asked for their money back.

    8. Re:Since When by slashdice · · Score: 1

      This is slashdot, son. We blow goatse around here.

      --
      Copyright (c) 1990 - 2014 Dice. All rights reserved. Use of this comment is subject to certain Terms and Conditions.
  10. I'll be the lawyers got paid in cash by Anonymous Coward · · Score: 0

    I'll be the lawyers got paid in cash instead of merchandise.

  11. So a victim gets sued by victims? by justcauseisjustthat · · Score: 0

    If the criminals (hackers) had physically (instead of virtually) broken into Sony, physically stolen customer information would Sony be responsible in that case also? At what point is it just a crime against both Sony and it's customers?

    I can see people writing that the security should have been better, well the same can be true in a physical crime also. Just seems odd to me, and how do we define when a company/person is liable in this kind of situation where they are also the victim?

    1. Re:So a victim gets sued by victims? by Anonymous Coward · · Score: 0

      There are cases where you can be held liable for insufficient security when you are the victim of burglary.
      The US might have different rules but where I live you'd better make sure that you have your guns locked away according to the regulations.
      Then there is the version where you rented something and it gets stolen. You don't get to pass that on as if it wasn't you problem.
      If Sony could have undone the damage in some way they might have been able to avoid the punishment entirely but the damage is irreversible.

      Anyway, they got away unreasonably easy that time they installed malware on their customers computers. Essentially they are a criminal organization anyway so I wouldn't see it as unfair if a couple of them ended up in jail.

    2. Re:So a victim gets sued by victims? by JDeane · · Score: 1

      It's part of the responsibility you take on when you hold your customers financial information too keep it secure.

      Sony completely and utterly failed in nearly any aspect of that, it wasn't valued by them enough to even bother encrypting.

      I would feel different if Sony had even tried to keep things secure, but as it is I don't feel sorry for them at all.

      If this had been a physical crime as you say, then yes the victim would be liable for the property they where holding. If I loan you my chainsaw and your house gets robbed... guess what? You can bet your ass your buying me a chainsaw. (Used or new would depend on the condition of the one I loaned you.)

      I would feel bad for you if you kept your doors locked and did everything right, I would still need my stuff though. I would feel a lot less bad if I found out after the fact that you took all the locks off your house and told the local street gangs you where going to be out of town for a week....

    3. Re:So a victim gets sued by victims? by netsavior · · Score: 1

      Well, it was also loss of service, not just the data breech. They shut everything down for weeks while they sorted it out. Several of my 40-60 dollar games were 100% unplayable for nearly a month, because services Sony agreed to supply were unavailable (log-on servers).

      I actually had a game I had never played at the time that was unplayable (because it required a patch that I could not get, thanks to services being down), and since I broke the shrink-wrap it was not returnable either.

    4. Re:So a victim gets sued by victims? by Anonymous Coward · · Score: 0

      It's part of the responsibility you take on when you hold your customers financial information too keep it secure.

      Are you fucking stupid? Or do you just play the role of the moron at your day job?

    5. Re:So a victim gets sued by victims? by Anonymous Coward · · Score: 0

      SONY IS NOT A VICTIM .. they were the negligent corporation that didn't give much care about system and network security... only the lawyers representing the class, as is typical, signed-off on settlement once it included a big enough of a payday for *them* nevermind what the class, the true victims, get out of it..should get out of it... so there will be no court of law judgement that says sony is to blame and was negligent thus increasing compensation 100-fold (as settlements in cases like this nearly always include clauses such as the defendant is not admitting guilt, wrongdoing, negligence, etc, etc).

    6. Re:So a victim gets sued by victims? by JDeane · · Score: 1

      Just a typo,

      No need to get all worked up about it :)

    7. Re:So a victim gets sued by victims? by phorm · · Score: 1

      If your security consists of
      a) A poorly maintained barb-wire fence
      b) A gate manned by a 75-year-old semi-dead/blind security guard named fred

      And records are stored in a big box just inside an unlocked door easily accessible to anyone, then yes... they would be responsible.

      It's not that they weren't a "victim" of hacking, it's that their terrible data retention and security practises put customer-data at risk and enabled the hacking.

  12. Pffft by Anonymous Coward · · Score: 0

    10 or so years ago PSN asked everyone to change their passwords because they were hacked. My account couldn't be found, lost everything. Emails to support came back with "There's nothing we can do, you have to create a new account" Never bought another PS console or game since, went with Wii. Got tired of having to replace their crappy console every year anyway, Have about 5 broken ones, all the same problem with the laser f'd up.

  13. Microsoft was allowed to, too... by Anonymous Coward · · Score: 0

    In one of the Microsoft anti-trust suits I was party to, they had quite a scam going where they could donate unclaimed money to the local schools... in the form of vouchers... that were only good if you were buying something that contained a copy of Windows. Oh, it was written to dance around that obvious fact, but it could only be used for new computers and not peripherals and there were enough other restrictions that they were going to be forced to buy more windows computers with it, at a time when their last remaining competitor was Apple and they only had any real hold in schools.

    So... yeah, it's an old trick.

  14. More customer lock-in? by Mantle · · Score: 1

    So the consequence to Sony is they give some more games away, at ZERO marginal cost to them, increasing customer lock-in. How exactly does this deter behaviour again?

    1. Re:More customer lock-in? by Anonymous Coward · · Score: 0

      So the consequence to Sony is they give some more games away, at ZERO marginal cost to them, increasing customer lock-in. How exactly does this deter behaviour again?

      The class action lawyers only take cash, not vouchers. The cash to the lawyers is the actual punishment. Eliminate their ability to extract blood from a corporation and every settlement will be from zero incremental cost games... that you already own. It would be like MS giving a download voucher for Kinect Adventures* (1) to anyone who had nude photos taken of them via their Kinect.

      *The Kinect comes with Kinect Adventures, i.e. you get a code for something you already have and can't make use of a second one.

    2. Re:More customer lock-in? by ZombieBraintrust · · Score: 1

      Your forgetting the up to $2500 people with identity theft can recieve. The consequence was Sony not being able to sell anything in its online store for 24 days. It also lost some customers. Some constomers switched to prepaid cards.

  15. Don't expect to have your game soon!!! by w1zz4 · · Score: 2

    Sony Settled in Canada on July 10 2013. Still waiting for my games since....

    1. Re:Don't expect to have your game soon!!! by Anonymous Coward · · Score: 0

      Heh, I was just thinking of that the other day... I forgot what I even requested.

  16. But... forget a browser selection ballot... by Anonymous Coward · · Score: 0

    And pay a billion dollars...

  17. Only $0.0175? That was cheap! by cpotoso · · Score: 1

    m = 10^{-3}, M = 10^3.

  18. So less than $1 per customer. by ayesnymous · · Score: 1

    So less than $1 per customer.