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GAMING NEWS

Man Files Class Action Lawsuit Against SONY

Posted on Wednesday, April 27 @ 14:42:45 Eastern by Blake_Morse

Kristopher Johns is a man. A man with big, huge balls. How huge you ask? Ginormous enough to put together a class-action lawsuit against Sony and file it with the San Francisco division of the United States District Court.

As some of you may have already guessed, this is directly correlated to the recent hacker attacks on the Playstation Network that may have compromised the personal information of 77 million PSN consumers, including - possibly - their credit card info.

From what I can translate after going over the legal documents, Kristopher via his attorney is basically claiming that the failure to protect such important personal data about their consumers is an act of criminal negligence on the part of the Sony, a violation of their right to privacy and that they should have their pants sued off of them for fucking up so royally.

It goes on to say that they took too long in informing customers of the issue and in doing so did not allow them to consider options such as obtaining new credit cards or closing accounts they feel might be threatened.

The lawsuit is seeking financial restitution along with free credit card monitoring on behalf of Sony. Will it actually work? Well, I may just be a simple country hyper-chicken, but considering how monumental a blunder this really is, there's a possibility that Sony might lose this one. Add the fact that U.S Senator Richard Blumenthal of Connecticut went as far as to write SCEA CEO Jack Tretton a letter asking why he didn't take quicker action to inform people of the issue and you can see what a big deal this really is.

One of the following two outcomes are likely happening:

A) Sony settles the matter out of court and everyone gets a free game or some PSN points; or,

B) Sony points to a clause in their Terms of Service agreement that nullifies them of any legal responsibility and life goes on.

The real winners here I think though are the 360 fanboys who now have something to rub in the face of every Playstation fanboy out there. Have fun trolling, boys!

I've never entered any credit card info on my PSP, nor do I own a PS3, so I'm able to avoid the whole thing all together, but what about the rest of you? Do you think you'll be putting your name on this class-action lawsuit? Do you feel your privacy has been violated? Let me know. I'm curious to see how this has affected you as both a consumer and a hardcore gamer.

I couldn't get this song out of my head as I was writing this article, so I thought I'd show it here so you'd have something to sing as you signed the class action.



[The Lawsuit]

Tags:   Sony, Anonymous


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Comments
  • 213EDD
    213EDD

    Joined: Sep 2007
    Posted: Apr 27th, 2011 at 2:59 pm
    Bold, I've been trolling and always will, Next in the line is Nintendo ;) , not really a "xbox fanboy" though, i do love community gaming on one hand, 360 is definitely #winning this one. PC GAMES ALL DAY!!!!!!!!!!!!!!!!!!!!!!!!!!!
  • Mobius_Sean
    Mobius_Sean

    Joined: Sep 2006
    Posted: Apr 27th, 2011 at 3:48 pm
    Eh, I'd be careful about any preemptive 360 trumpeting. I'm saved by my PSN account information being hopelessly out of date. (Card's expired, that address has been shut down for 2 years, and I'm not even living at the same address anymore) But if the same people are trying to crack Xbox Live? (And honestly, why wouldnt they?) My $60 a year isn't going to guarantee **** against them being able to pull off the same thing, assuming this wasn't some bullshit exploit a couple of 4chan script kiddies could pull off; and since I'm an active XBL player AND a Mass Effect DLC whore, all my info on that is up to date.

    My only comfort is Crysis PC multiplayer is scratching the itch to take Crysis 2 on my PS3 online for a spin.
  • sliverstorm
    sliverstorm

    Joined: Jun 2007
    Posted: Apr 27th, 2011 at 5:07 pm
    Some relevant bits from the PSN ToS:

    "SCEA has no obligation to reverse or refund unauthorized charges made on your credit or debit card."

    "All services and content are provided “AS IS” and “AS AVAILABLE” with all faults."

    "YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM SONY ONLINE SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND SCEA’S MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO SONY ONLINE SERVICES SHALL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION."

    But having said all that, not informing customers about compromised financial data for a freaking WEEK is egregious to the point where I think almost anyone would have a legitimate case on those grounds alone.
  • spanky1113
    spanky1113

    Joined: Mar 2008
    Posted: Apr 27th, 2011 at 6:52 pm
    Ya know, if Game Revolution wasn't already my favorite gaming site, it certainly would be after including a Busdriver song in an article. Well played.

    And as Nick wrote in the newer article, Sony put that thing in their EULA contract. They'll probably settle out of court and give everyone a little something or other.
  • Klandathu
    Klandathu

    Joined: Apr 2008
    Posted: Apr 27th, 2011 at 10:54 pm
    I agree. I'm not a big rap fan, but Temporary Forever is actually a pretty cool album.
  • C_nate
    C_nate

    Joined: Apr 2009
    Posted: Apr 27th, 2011 at 11:05 pm
    I'm not thrilled about the way Sony went about handling the situation. In an attempt to avoid bad PR they just ended up making themselves look worse. I don't think the lawsuit will accomplish much though. A free game? Gee, thanks...I would have rather not had to have canceled my credit card and change a bunch of personal information. What's the old saying about closing the barn door after the horses have taken off already? What I am curious about is how Sony will handle things going forward after they fix it. Will they act like nothing happened? Will they promise to make our personal info more secure? I don't know about other people but after I change my info I will be a bit more reluctant to use their services in the future.

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