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Home News PS3 Update Removing Your Right to a Class-Action Lawsuit

GAMING NEWS

PS3 Update Removing Your Right to a Class-Action Lawsuit

Posted on Friday, September 16 @ 16:32:36 Eastern by


To clear the company from all class-action lawsuits, which Sony has faced for its removal of Linux support and security breaches, its latest mandatory system update for the PlayStation 3 now has you sign away that very right:

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 LEGAL ACTION, UNLESS BOTH YOU AND THE SONY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011.

You can circumvent this measure by sending a letter (who writes letters anymore?) to Sony within 30 days of accepting the agreement with your name, address, PSN account number, and a clear statement of not wishing to resolve disputes with any Sony entity through arbitration. In return, I would like to know the names, addresses, and PSN account numbers of every Sony employee and lawyer connected to this measure. No? Well, f***.

I'm not sure what this says about our legal system if this is acceptable (it can't be good, really), but it does say how much Sony is willing to hold online hostage to ensure that its users can't band together in protest for any of its future actions. In fact, how much you wanna bet we're going to see a class-action lawsuit... for the lulz.

As a side-note, these kind of Mandatory Binding Arbitration clauses have been appearing in contracts all over the place in contracts with credit cards, cell phones, etc. Also, this contract seems to be enforceable in the US, but not in other countries like Brazil and certain provinces in Canada. We're special that way.

[Via]
Tags:   Sony, PSN


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Comments
  • WILLS_COOL_MODE
    WILLS_COOL_MODE
    Joined: Oct 2010
    Posted: Sep 16th, 2011 at 4:47 pm
    This just in, all it takes to be above the law is to issue a statement saying it doesn't apply to you.

    brb, robbing sh*t.
    2 1
  • Lien
    Lien
    Joined: Feb 2008
    Posted: Sep 16th, 2011 at 4:50 pm
    YOU GOTTA BE FREAKING KIDDING ME!
    Well it's time to do what has to be done...
    *Goes on the roof and turns on the Lulzsack signal*
    2 1
  • MrrClean
    MrrClean
    Joined: Aug 2010
    Posted: Sep 16th, 2011 at 6:58 pm
    What, you're actually suprised that the American judicial system is totally, completely, irreversably f*cked? Have you seen any of the stupid f*cking lawsuits that have been won in your country? Not that Canada is much better... basically the law works this way: If you have waaaaaaaaaaaaay too much money and personal influence, you win. If you are anybody else, you lose.
    1 2
  • OdiousLupous
    OdiousLupous
    Joined: Jul 2011
    Posted: Sep 16th, 2011 at 7:03 pm
    Man filed lawsuit against White Castle because hes too fat to fit in between the seat and the table that are fixed in place to one another.
    Woman wins lawsuit against McDs coffee burning her when she kept the cup between her thighs while driving.
    Woman wins lawsuit against her local Home Depot for tripping and falling over a kid there and injuring herself on the floor... oh yeah the kid was hers by the way.
    Theres too many lawyers in this country, if theyre not in a courtroom they start giving legal advice and **** just rolls downhill.
    3 3
  • De-Ting
    De-Ting
    Joined: Nov 2006
    Posted: Sep 16th, 2011 at 9:01 pm
    Can I sue everybody that's stupid because they are a possible endangerment to me?
    1 2
  • troznov
    troznov
    Joined: Mar 2007
    Posted: Sep 16th, 2011 at 10:29 pm
    Yeah, all those (you're referring to what's know as a "tort") lawyers who've kept products safe and plaintiffs from getting maimed and killed. You want a return of "caveat emptor" (which means "buyer beware")? Get rid of tort lawyers. Idiot.
    2 1
  • OdiousLupous
    OdiousLupous
    Joined: Jul 2011
    Posted: Sep 18th, 2011 at 5:10 pm
    Accidents due to lack of common sense or morbid obesity are no grounds for lawsuits.
    0 0
  • felipe63
    felipe63
    Joined: Sep 2011
    Posted: Sep 17th, 2011 at 8:39 am
    Do some research, the McD's lawsuit was totally legit.
    0 0
  • OdiousLupous
    OdiousLupous
    Joined: Jul 2011
    Posted: Sep 18th, 2011 at 5:08 pm
    Anyone who sits a cup filled with fresh coffee between their thighs is unaware theyve set themselves up to be burnt?
    0 0
  • felipe63
    felipe63
    Joined: Sep 2011
    Posted: Sep 19th, 2011 at 9:43 pm
    The McD coffee was 40-50 degrees hotter than is normal (140 degrees) and hot enough cause 3rd degree burns. Have you ever spilled coffee on yourself and gotten 3rd degree burns? Me Neither. We have a reasonable expectation that spilling coffee on ourselves will not result in burns.

    Also it burned her junk. While I admit the idea of an 80 yr old woman using her stuff is not appealing, who are we to judge? If it had been your junk being burned and rendered unusable, would you be so forgiving? I would not.
    0 0
  • troznov
    troznov
    Joined: Mar 2007
    Posted: Sep 16th, 2011 at 10:22 pm
    Anyone who knows anything about the law knows that you can waive a right to pretty much anything if it's memorialized in a contract. This is an OLLLLLD principle of contract law. For example, if I contract to sell my PlayStation 3 to Person Xbox, I've lost the right to sell it to anyone who isn't Person Xbox. Contracts have always restricted the freedom of the contracting parties in some way. Arbitration agreements are but a single example of that.

    Picking a controversial example of a legal doctrine (i.e., arbitration agreements), and using it to criticize an entire field of law (i.e., contract law, or even more generally, the LAW), is just...dumb. There's no other word for it. It's dumb.

    And for the record, Sony is REALLY going above and beyond by allowing PSN users to opt out of the arbitration agreement. They have no obligation, legal or otherwise, to do so in any capacity. These sorts of clauses are very common, and none that I've ever heard of allow you to opt out by ANY means.
    3 4
  • troznov
    troznov
    Joined: Mar 2007
    Posted: Sep 16th, 2011 at 10:25 pm
    Game Revolution: please stick to video games. Leave everything else to people who know what they're talking about. That's what happens when you take legal advice from Jon Stewart.
    2 2
  • Nick_Tan
    Nick_Tan
    Joined: Jul 2006
    Posted: Sep 17th, 2011 at 6:29 am
    This article IS about video games, and Game Revolution SHOULD report on laws that impact gamers, especially when most of them sign EULAs with no idea what they mean and how they affect them. I'm well aware that these arbitration agreements are hardly out of line in contracts today. This has less to do with the law itself or the integrity of US contract law; instead, what needs to be considered is why Sony is doing this NOW. They have plenty of lawyers who could have pointed out that Sony should have done this years ago at the inception of the PS3. So it is easy to see that this is a reaction to the class-action lawsuits they've faced for PS3's removal of Linux support and the console's highly publicized security breaches. Sony doesn't want to pay exorbitant fees for any class-action lawsuits for future blunders, even if they are at fault.
    0 3
  • tinymhg
    tinymhg
    Joined: Jun 2011
    Posted: Sep 17th, 2011 at 8:30 am
    Get ‘em Nick!
    0 0
  • troznov
    troznov
    Joined: Mar 2007
    Posted: Sep 17th, 2011 at 4:10 pm
    I agree with you, this is about an arbitration agreement. Then in the future, don't transform that into some large-scaled complaint about the legal system. If you're going to get mad, get mad at Sony.
    0 1
  • troznov
    troznov
    Joined: Mar 2007
    Posted: Sep 17th, 2011 at 4:17 pm
    And I admit, what I said earlier about "don't report on the law" was snarky and inaccurate and I shouldn't have said it, I apologize. My point, though, is right above.
    0 1
  • Imnickson
    Imnickson
    Joined: Jul 2006
    Posted: Sep 17th, 2011 at 7:26 am
    troznoz: please stick to legal websites. Leave gaming websites to the geeks who don't know what they are talking about, get upset over the slightest things, use the word fanboy and and troll too much, and have overly passionate views about anything Japanese even though they have never expeirenced a single traditional Japaenese event in there life. Anyone person making comments outside of that description is just trying too hard.
    0 1
  • tinymhg
    tinymhg
    Joined: Jun 2011
    Posted: Sep 17th, 2011 at 8:38 am
    I ate Sushi once does that count as a traditional Japaenese event?
    0 0
  • troznov
    troznov
    Joined: Mar 2007
    Posted: Sep 17th, 2011 at 4:21 pm
    yuk yuk yuk
    0 0
  • tinymhg
    tinymhg
    Joined: Jun 2011
    Posted: Sep 17th, 2011 at 8:30 am
    Did any one else notice this guys Avatar is a Jackass?
    0 0
  • De-Ting
    De-Ting
    Joined: Nov 2006
    Posted: Sep 16th, 2011 at 11:37 pm
    I demand to know who thumbs-downed my post so I can sue them.
    2 2
  • tinymhg
    tinymhg
    Joined: Jun 2011
    Posted: Sep 17th, 2011 at 8:34 am
    Well it wasn’t me, I have too much respect for you. Maybe it was a ^ a Jackass.
    1 1
  • drazze
    drazze
    Joined: Aug 2006
    Posted: Sep 17th, 2011 at 10:40 am
    As a looooooooooooooong time reader and a first time poster, I just gotta say -tiny! I love u!
    0 0
  • WILLS_COOL_MODE
    WILLS_COOL_MODE
    Joined: Oct 2010
    Posted: Sep 17th, 2011 at 10:57 am
    De-Ting... it may be because it has been over 48 hours since I last slept... but that comment was the funniest thing I've ever read.
    0 1
  • De-Ting
    De-Ting
    Joined: Nov 2006
    Posted: Sep 18th, 2011 at 11:48 am
    It's not the lack of sleep. >_>
    0 0

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