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Home News Sony: Not Liable For "Unauthorised Access To Your Data"

GAMING NEWS

Sony: Not Liable For "Unauthorised Access To Your Data"

Posted on Wednesday, April 27 @ 17:09:25 Eastern by


In an earlier post, Blake surmised that the class-action lawsuit against Sony will either end up in a settlement or find some blurb in their EULA contract to claim they are not responsible. The sentences underlined and boxed above are those exact blurbs. And would look at that? Updated April 2011. How convenient.

Now, before you raise your hands in disgust, these kind of blanket clauses are found everywhere and the usual defense is to claim negligence; that is, Sony made it too easy for its system to be hacked and did not inform its users early enough about the breach, and thus the lines above are null and void. Of course, there needs to be evidence of this, which will likely involve testimony from security experts on the issue.

All of this fighting, though, will happen behind closed doors and out of the public eye, which will just make the public eye more furious about the situation. Of the two possibilities, Sony is almost guaranteed to settle and give some form of compensation to its users - they've practically admitted their wrongdoing, so having to go through months, if not years, of legal battles and bad press probably isn't a good idea.

But who knows? A security breach of this magnitude has never been seen before. Even the F.B.I. is on the case now. What's next? Sony pulls out of E3? Ha, ha. Ha. ha.......


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Comments
  • Completely_Lost
    Completely_Lost
    Joined: Mar 2007
    Posted: Apr 27th, 2011 at 6:21 pm
    This is not surprising unfortunately. But Sony should have stilled up there stuff after hearing about the last big breach that had peoples information for best buy, least I think it was best buy. Also Sony should have been prepared for this eventuality as soon as they initiated the PSN. At least sony is good enough to say "our bad" on the matter, and yes, they will probably settle when this hits court. Just glad this hasnt happened on xbox live, although if i had to guess i would say that microsoft as probably watched this happen and will update their EULA as well to cover their asses in any case.
    0 0
  • Completely_Lost
    Completely_Lost
    Joined: Mar 2007
    Posted: Apr 27th, 2011 at 6:22 pm
    Sorry *sony should have *stepped* up their stuff*
    0 0
  • Klandathu
    Klandathu
    Joined: Apr 2008
    Posted: Apr 27th, 2011 at 7:35 pm
    I just got done watching the new South Park and this reminds me so much of it.
    0 0
  • Moses-
    Moses-
    Joined: Jul 2001
    Posted: Apr 27th, 2011 at 8:28 pm
    So this EULA was updated less than a month before this "attack"? Where are our 9/11 conspiracy therorist at now? Follow me on this one. Sony finds out that users credit card information and other personal information has been breeched, and instead of immediatly letting users know in order to secure their information, they put it off until they make everyone accept the new EULA contract with the amended section regarding loss of personal information. Then they stage an attack and bam their asses are covered and precious time to secure our personal credit card information is lost. Sounds like a good book to me.
    0 0
  • TurinAlexander
    TurinAlexander
    Joined: Sep 2006
    Posted: Apr 27th, 2011 at 10:35 pm
    I've been using my PS3 as a media streaming device for months, not playing games. I don't remember the last time I actually bothered to update it. So it looks like I never "signed" any new agreements with them. Not that a good lawyer couldn't talk his way out of a EULA being a binding contract anyway...
    0 0

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