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Sony sued over lawsuit provision of PSN service agreement

Written by Rich Fiscus (Google+) @ 21 Dec 2011 9:46 User comments (11)

Sony sued over lawsuit provision of PSN service agreement In September Sony made a major change to the TOS (Terms Of Service) for the PlayStation Network to prevent subscribers from participating in class action lawsuits.
It was obvious at the time that the change was a reaction to multiple data breaches experienced by the company. By preventing class action lawsuits, they clearly hoped to avoid losses from lawsuits over any future negligence on their part.

Under the terms of the new agreement, any PSN subscriber who wished to retain the right to join a class action lawsuit in the future would be required to contact Sony and opt out of this particular clause within 30 days of agreeing to it.

In the case of a data breach due to Sony negligence, that would mean each individual subscriber would have to file a separate lawsuit in order to collect any damages.

Now Gamespot is reporting a California man has responded to the change with a class action lawsuit. They say he claims the clause was hidden 21 pages into the agreement, making it unlikely those agreeing to it would ever notice.

He also argues the document wasn't made available online where it could be more easily scrutinized. However, that claim seems to be shaky since we obtained a copy of the agreement from Sony's website when the change was made. You can read the entire document below.

What will perhaps be key to this lawsuit is whether the agreement can be enforced to begin with. In some cases, particularly when there is negligence involved, certain rights may not be waived regardless of how a contract is worded.

Typically this becomes an issue when one party to a contract has significantly more power in writing the agreement or attempts to deceive the other party, both of which appear to be the case here.

No doubt Microsoft, who recently added similar language to the Xbox Live TOS, will be watching this case closely.

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11 user comments

121.12.2011 10:23

Simple answer. Don't buy from or use Sony products.

221.12.2011 11:10

Originally posted by Ben79:
Simple answer. Don't buy from or use Sony products.
Amen.

321.12.2011 13:41

I can't see Sony getting away with this 100%. No matter how many layers of lacquer you put on a turd & buff it up it out to a high polished diamond shine it's still a POS at its core.

I don't care what legalese you wrap around a product, you screw up, you pay for your mistake, despite the fact your customer signed a document stating otherwise. Hiding your little 12 word 'waiver of fault' clause, sandwiched between 60-70 pages of bullshit is the same thing as entrapment & Sony and everyone else that pulls it knows it's crap too.

Any judge that allows this to go on should be publicly taken straight from the courtroom into the street and tarred & feathered just as they did in the old days. Maybe turning back that clock would cure a bunch of this stupidity as well.

This message has been edited since its posting. Latest edit was made on 21 Dec 2011 @ 13:43

421.12.2011 19:46

I know I reported that to Canada's Minisity of Consumers Services when their revised ToS came out to see if it was legal binding in Canada. They are very interested in learning more about this revision wishing to meet me soon to see my findings in person.

I'll report more as I find out, but getting answers from the government can sometimes take longer than getting answers from the courts.

BTW thanks afterdawn of upping it again as it really saved me time from finding a printable version.

This message has been edited since its posting. Latest edit was made on 21 Dec 2011 @ 19:48

521.12.2011 21:20

Originally posted by Ben79:
Simple answer. Don't buy from or use Sony products.
Yup that's my saying!!!
This message has been edited since its posting. Latest edit was made on 21 Dec 2011 @ 21:21

622.12.2011 0:19

Originally posted by Ben79:
Simple answer. Don't buy from or use Sony products.
That's it...and don't forget about the other stuff they make money on...
Don't buy games for your PS3 because they get a cut.
Before buying music or movies, check to make sure Sony didn't produce or distribute them.

722.12.2011 9:43

Originally posted by Ben79:
BTW thanks afterdawn of upping it again as it really saved me time from finding a printable version.

You're welcome.


Rich Fiscus
@Vurbal on Twitter
AfterDawn Staff Writer

822.12.2011 11:45

Be interested in your findings Mysttic!


922.12.2011 13:36

waow i love this product

1022.12.2011 17:16

Originally posted by vurbal:
Originally posted by Mysttic:
BTW thanks afterdawn of upping it again as it really saved me time from finding a printable version.

You're welcome.


FTFY

116.3.2012 23:24

It never ceases to amaze me the number of ways certain console companies manage to find, that show their customers how much they really (don't) care about them. It's almost as if these companies collectively belief that just because their clients are gamers, they lack some kind of intelligence, and that they can impose conditions that give the companies unfair advantage when they generally screw up, and the customer ends up being the victim. If these companies really cared, they would point their efforts toward securing their network, and making the user experience as trouble free as possible.

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