Sony changed its PlayStation Network EULA last week in a seeming bid to make it more difficult (or impossible) for gamers to band together in a class action lawsuits against the company. Sony has since discussed its rationale a bit, telling CNN that the changes are in response to a recent Supreme Court ruling that upheld a clause in an employment contracts that bars workers from bringing class-action suits.
"The Supreme Court recently ruled in the AT&T case that language like this is enforceable," a spokeswoman for Sony wrote in an e-mail. "The updated language in the TOS is designed to benefit both the consumer and the company by ensuring that there is adequate time and procedures to resolve disputes."
Including an option to opt out of the waver "was a savvy move by Sony because they didn't necessarily have to do it," said Jack Lerner, a director at the University of Southern California's Technology Law Clinic. "The move should enable Sony to argue in court that it played fair."
Of course, probably about 1% of PlayStation users would go through the process of opting out, Lerner estimated.