Sony wants gamers to waive their right to sue

[Dasquian Belargic]

http://www.bbc.co.uk/news/technology-14948701


Sony is preparing to ban gamers from the PlayStation Network (PSN) unless they waive the right to collectively sue it over future security breaches.

The firm has amended PSN's terms and conditions and users have to agree to them next time they log in.

The move comes months after a string of hacking attacks compromised over 100 million accounts of the PlayStation Network subscribers.

It is, however, possible to opt out of the agreement within the next 30 days.

Gamers will now have to try to resolve any legal issues with an arbitrator picked by Sony, before being able to file a lawsuit.

The new clauses, dubbed "Binding Individual Arbitration," state that "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 action".

However... http://kotaku.com/5841993/remember-sonys-shitty-new-terms-of-service-dont-apply-to-everyone


Sony's new PlayStation Network terms of service, which basically exist to try and stop the company being taken to court by disgruntled users, aren't exactly popular in the US. If you're from Europe or Australia, though, relax: They don't apply to you.

A Sony spokesperson has confirmed with Kotaku Australia that across the territories governed by Sony Computer Entertainment Europe, the terms of service agreement users sign has not changed— as such the "don't sue us" clauses present for Americans are entirely absent for customers in Europe and Australasia.

[Figrin D'an]

Yet another reason to not use the PSN to play online.

Let's paraphrase, shall we?

"Our network security is terrible and we allowed the personal information of thousands of users be breached, but rather than actually fix problem, we're just going to give you all fair warning now that we suck and can't (or won't) stop sucking, so any future issues are on you, the users. After all, you are agreeing to use our crappy service."

However, it certainly doesn't help matters that US law allows companies like Sony to get away with this type of thing.

[Yog]

Yet another reason to not use the PSN to play online.

Let's paraphrase, shall we?

"Our network security is terrible and we allowed the personal information of thousands of users be breached, but rather than actually fix problem, we're just going to give you all fair warning now that we suck and can't (or won't) stop sucking, so any future issues are on you, the users. After all, you are agreeing to use our crappy service."

However, it certainly doesn't help matters that US law allows companies like Sony to get away with this type of thing.
That pretty much sums it all up.

What an absurd legal disclaimer. What a testament of terrible customer service and poor security.

[Dasquian Belargic]

How bizarre, as well, that if you want to opt out of waiving your rights... you need to send an actual letter into Sony's LA office.

[Morgan Evanar]

I used to doubt this sort of thing would be enforceable but given how our legal system is behaving lately...

[Sanis Prent]

Arbitration is about as new as syphillis. The only reason this is getting play is because they made a news article on it. You agree to arbitration at a waiver of tortious claims almost on a daily basis, you'd really be surprised at how common it is...er...in America.

sigh.