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Sony sued over "don't sue us" Terms of Service


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#1 MightyJordan

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Posted 20 December 2011 - 20:19

Sony has been taken to court over new Terms of Service that were added to prevent people from taking it to court. Funny, that.

Introduced in September, the new terms of service user agreement had users to agree not to take Sony to court. Agreement is required in order to access the PSN.

But a Northern California man has taken legal action against Sony for unfair business practices for forcing users to choose between giving up their right to sue or ceasing to use a service they effectively paid for when they purchased a PS3.

Filed on behalf of everyone who bought a PS3 before the new terms were added, the suit also alleges that Sony hid the new clauses down in the long document, and failed to make an easily accessible version of it available online as it had for previous ToS changes.

It'll be interesting to see if similar action is taken against Microsoft, who also recently added similar clauses to its Xbox Live ToS to prevent class action lawsuits.


#2 etempest

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Posted 20 December 2011 - 20:21

Good News. I would like to see more laws or establishment of Laws (consumer protection) vs "Terms of Service / License".
Software is the one of the industries that makes no sense compared to other things people purchase.

#3 shakey

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Posted 20 December 2011 - 20:21

This is a good suit and actually stands a chance. I hope this passes, and it would take away all those other companies messages who have tried to do as such.

#4 M_Lyons10

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Posted 20 December 2011 - 20:22

Well, this was just bound to happen... lol

#5 FMH

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Posted 20 December 2011 - 20:22

A lot of companies have that.

#6 SierraSonic

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Posted 20 December 2011 - 20:29

If this loses in a court of the people...

#7 shakey

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Posted 20 December 2011 - 20:38

If this loses in a court of the people...


Consumer protection will be officially dead.

#8 ir0nw0lf

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Posted 20 December 2011 - 20:50

the suit also alleges that Sony hid the new clauses down in the long document

Um, seriously? If that was the case, scores of Terms of Service agreements in the universe would be "illegal" because company xxx "hid" something way down in them. Not like sony is the first/last to do this... What do people expect, the first line of the ToS to show the new clauses? Don't think this lawsuit is going anywhere.

#9 fhpuqrgrpgvirzhpujbj

fhpuqrgrpgvirzhpujbj

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Posted 20 December 2011 - 20:54

Um, seriously? If that was the case, scores of Terms of Service agreements in the universe would be "illegal" because company xxx "hid" something way down in them. Not like sony is the first/last to do this... What do people expect, the first line of the ToS to show the new clauses? Don't think this lawsuit is going anywhere.

Maybe you should read the rest of the sentence then?

failed to make an easily accessible version of it available online as it had for previous ToS changes.


Anyway this seems like a violation of consumer rights, so I hope this is successful.

#10 Stealthy_Singh

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Posted 20 December 2011 - 20:54

Um, seriously? If that was the case, scores of Terms of Service agreements in the universe would be "illegal" because company xxx "hid" something way down in them. Not like sony is the first/last to do this... What do people expect, the first line of the ToS to show the new clauses? Don't think this lawsuit is going anywhere.


True. But if they did provide easily accessible versions prior to this and not this time then it could be argued that there is something they are trying to hide in these terms and conditions.

#11 stpark6985

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Posted 20 December 2011 - 20:55

Test

#12 Kvally

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Posted 20 December 2011 - 21:22

Yup, this needs to be dropped by these companies. With Sony (and now MS) doing stuff like this, they are trying to circumvent the legal system with a circular agreement. If that was the case, everything we buy would have a "you can't sue us" disclosure, and we would all be getting it up the tailpipe.

#13 tiagosilva29

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Posted 20 December 2011 - 21:23

Don't sue me, bro'.

#14 shakey

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Posted 20 December 2011 - 21:24

True. But if they did provide easily accessible versions prior to this and not this time then it could be argued that there is something they are trying to hide in these terms and conditions.


It isn't even about how it was available. It is about the clause written in it. There is no fairness for the consumer if they have no means to protect themselves from a company due to , " if you use this, even if it is our fault, it isn't our fault."

#15 Glassed Silver

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Posted 20 December 2011 - 21:30

Oh yea, let them bleed for such a jacksh**.

Trying to get such TOSh*t through shall find a good example here.

Also, even for new costumers this shouldn't be valid.

Glad such BS doesn't hold a chance in the EU.

Glassed Silver:mac