According to the Examiner, Sony is updating their user agreement for the PlayStation Network today, September 15, to block them against class action lawsuits. They've also changed their legal entity from Sony Network Entertainment America Inc. (SNEA) to Sony Network Entertainment International LLC (SNEI).
The new agreement leaves "Binding Individual Arbitration" as the only means to solve disputes:
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.
Sony will let you opt out of the binding agreement if you send them a written notification within 30 days of accepting the agreement.
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 15, YOU MUST NOTIFY SNEI IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PSN ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION.
You'll get hit with the update as soon as you try to log in to the PlayStation Network, and as no one actually reads EULAs, we'd figure we'd give you a heads-up as to what you're agreeing to.
Comments
Displaying 1–20 of 34
122
technothug
I'm no Sony fanboy, but they are only covering their asses. Storing financial info such as credit card numbers and billing info is not a requirement to use a free service such as PSN, but rather a convenience offered by Sony. When you leave credit card or personal info in their servers, they become custodians of that data and by law have to make all due diligence in protecting it. When despite their efforts that data gets stolen, whether thru laziness on their part or just a really good hacker, they don't want to be put on the hook for that convenience so they are going to insulate themselves as much as possible. You can always just remove your billing info from PSN after making a purchase. That way, the only data that could theoretically get stolen is your PSN account name, which is probably fake any way. Make life easy on yourselves instead of bitching.
taco-the-fish
I agree with this, go Sony! Class action lawsuits are one of the worst scams in the legal system. Do you know how much profit a lawyer makes just by settling a class action lawsuit? A lot. Do you know how much the people who are actually "suing" make? Dollars. If I have a valid claim, I will bring it to Sony myself with a real lawyer. Until then, I'll keep playing!
BoydofZINJ
Good job holding that in court. There are tons of clauses that you can not sue the gov't. Trust me, they get sued all the time. Sueing is an American Pass time. Sony just made sure 1 out of 100 people wont sue them.
Aaron82
Good thing I have a stamp and an envelope.
loony_1
I think it is bull and opting out. Sony has all this personal info to include credit cards and says hey if you identity get stolen and it is our fault you have no rights or your credit card is maxed ahah it is on you not us. as jonnyb2662 said:
To quote Riley Freeman "Thats a bi*ch move Sony...you gonna pay what you owe"
Iknowa_G_GhostY
can i get EULA translated into english?
SonyNmbrOneGuy
Here's a thought...get yourselves some friends codes, drop $60 on Live and willingly screw yourself, or game on a PC.
This only matters to people that think Sony is out to get them. ie. Hackers, haters, G4(I'm sure they'll hammer this story into the ground like every other Sony is the devil story)..etc.
EvilAngel6
Darn and I was planning on suing them because I have too much fun on their fantastic product that allows me to have tons of fun at home.
jonnyb2662
To quote Riley Freeman "Thats a bi*ch move Sony...you gonna pay what you owe"
Crazzy349
I use to like Ponies...oh wait i meant sony
Infamous_Bizarro
Don't care. Long as I play games all I care about
Soulless28
it is protecting their ass from someone saying hey that guy sued sony, i think i will too and get some money out of it. That can be a problem because some of the people that join the lawsuit have had nothing happen to them period, like the case of the network hack, some people's information was leaked out and others were not. Although people will jump on the bandwagon anyway, so this is logical
vole182
Yep, stay classy Sony!
I wonder if they have something on their roadmap they know will piss customers off so they are preparing now...
DayBringer001
Trade in your expensive blue-ray players(PS3) for a real system!! get yourself a Super Nintendo!!
cbc123
lol it is so funny to me how all of you are going crazy over this it is a smart thing for sony to do any way its called limiting your liabilities so some one just dosent sue them cuz honestly if every gets the chance they will for what ever reason they can and that is why companies have these agreements in the first place. its funny people have actually sold there souls to a company cuz they dont read these things.
Toreris_Falern
Sony's making Microsoft look better every day. Especially in the security arena (and that's saying something about Microsoft). Why should we give up our legal right to sue if your error causes us harm by our personal information getting out? It makes no sense. Now in society it's common to give up our rights in the shady EULAs. I'm not a fam of MS but Sony loses my respect for this. btw I'm a Mac user...I hate Windows because of the security flaws before you call me a Microsoft fanboy. I think the 360 has some good games, but OnLive is where it's at right now.
Toreris_Falern
Sony's making Microsoft look better every day. Especially in the security arena (and that's saying something about Microsoft). Why should we give up our legal right to sue if your error causes us harm by our personal information getting out? It makes no sense. Now in society it's common to give up our rights in the shady EULAs. I'm not a fam of MS but Sony loses my respect for this. btw I'm a Mac user...I hate Windows because of the security flaws before you call me a Microsoft fanboy. I think the 360 has some good games, but OnLive is where it's at right now.
Trikkey
On September 15, 2011, Sony Network Entertainment America Inc. ("SNEA") will transfer its online services operations, including your wallet and the funds in it, to Sony Network Entertainment International LLC ("SNEI"). The first time you sign in to your PlayStation�Network or Qriocity account on or after September 15, 2011, you will be asked to enter into a new Terms of Service and User Agreement ("TOS") and Privacy Policy with SNEI if you wish to continue using your PlayStation�Network or Qriocity account. Please review all changes to the TOS and Privacy Policy carefully before indicating your agreement. In particular, please review Section 15 of the TOS, which now includes a class action waiver and requires that most disputes be resolved through arbitration.
Sent out to PSN users yesterday myself included.Pointing the major change themselves
elgranconde
Dear Sony:
Your argument is invalid.
bungleboy1979
your dead wrong, all claims would go before an arbitrator. Regardless of size or value, its a common screwjob in almost every contract
Displaying 1–20 of 34
122
Add a Comment