IGXPro

Menu
  • Blog
  • Console
    • PC
    • Playstation 3
    • Playstation 4
    • Wii
    • Wii U
    • Xbox 360
    • Xbox One
  • Gaming
  • Handheld
    • DS/3DS
    • PSP / Vita
  • Reviews
    • Handheld
    • PC
    • Playstation 3
    • Wii
    • Xbox 360
  • Tech
    • Mobile Phones
    • PC/Laptop
    • Tablets
    • Tech Reviews
  • Video Gallery

Join Us Now For Free
Home
Console News
Playstation 3
Sony updates PSN TOS to say “No class-action lawsuits”.

Sony updates PSN TOS to say “No class-action lawsuits”.

Rian Quenlin 15 Sep

In a bold move to prevent everyone jumping down their throats because of downtime, hacks, or whatever reason, Sony sent an email out to their users that explains a change to the terms of service that will be implemented today, and those who do not agree to the TOS will, as standard, be unable to use the service. The change is that by using PSN, you waive your right to a class-action lawsuit against Sony.

Here is the specific part of the TOS which was converted from unreadable ALL CAPS to sentence capitalization for your reading pleasure, stating the new clause about a binding individual arbitration and class action waiver.

“Note: this agreement contains a binding individual arbitration and class action waiver provision in section 15 that affects your rights under this agreement and with respect to any ‘dispute’ (as defined below) between you and SNEI, Sony computer entertainment inc., Sony Computer Entertainment America LLC, their affiliates, parents or subsidiaries (all entities collectively referred to below as ‘Sony entities’). You have a right to opt out of the binding arbitration and class action waiver provisions as further described in section 15.”

In section 15, they have a clause called “Binding Individual Arbitration” which is much too long to put here being several paragraphs of legalese, but I put it here on Pastebin for those who can decipher legalese.

Basically, what it says is that you are not allowed to take part in a class-action lawsuit against Sony regardless of what happens. However, a TOS is not always a legally-binding contract even if it says it in huge letters. There are also some rights that cannot be waived by a contract, even if you sign it in your own blood in front of a Priest. If for some reason you have to sue Sony in a class-action lawsuit, then contact a lawyer and ask him just how binding the TOS amendment is.

This is shaky on two grounds, firstly, Blockbuster was sued for something similar due to an unilateral change of contract, and second, there is a segment that states the following.

“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.”

I doubt the whole section is even enforceable, as bringing a lawsuit is a right, and deliberately changing a contract to avoid a lawsuit after a major screwup wont go by any Judge in the country without a few dirty looks your way.

Share
Tweet
Email
Prev Article
Next Article

Related Articles

In case you didn’t know the X-Com: Enemy Unknown demo …

5 Awesome X-Com: Enemy Unknown Improvements

Microsoft has finally found a solution to the infamous red …

Microsoft Gets Rid Of The RROD Forever With Xbox 360 Slim

About The Author

Rian Quenlin

3 Comments

  1. Crazy

    Bullshit!! That’s just wrong to do that! Anybody will sue Sony whatever they want! Sony should NOT taking away our rights to sue them!

    16 Sep
  2. Crazy

    Ever since some people traded in their PS3s for an Xbox 360 because of the PSN outrage, things has been going downhill!

    17 Sep
  3. Rian Quenlin

    You still have the right to sue them, everyone has that right. What they are referring to is a class-action lawsuit which is when multiple wronged people all sue simultaneously.

    20 Sep

Search Website

Let’s Get Social

Latest Video

https://www.youtube.com/watch?v=fyHy9X1M9a4

Popular Posts

    Recent Comments

    • Vinny Parisi on Review: TMNT: Out of the Shadows
    • Narduckleson on Review: TMNT: Out of the Shadows
    • Candy on Tropico 5 set to finally make Communism fun again next year
    • Vinny Parisi on Insomniac Games Reportedly Working on Ratchet & Clank: Into the Nexus
    • Adam Magulick on Insomniac Games Reportedly Working on Ratchet & Clank: Into the Nexus

    Get more stuff

    Subscribe to our mailing list and get interesting stuff and updates to your email inbox.

    Thank you for subscribing.

    Something went wrong.

    we respect your privacy and take protecting it seriously

    IGXPro

    Video Game News, Tech News, Geek Resource

    Useful Links

    • Contact
    • Privacy Policy
    • Staff
    • Terms of Use

    Popular Categories

    • Blog
    • Reviews
    • Console News
    • Tech
    • Video Gallery
    • Gaming News

    Work For Us!

    • Contact
    Copyright © 2023 IGXPro

    Ad Blocker Detected

    Our website is made possible by displaying online advertisements to our visitors. Please consider supporting us by disabling your ad blocker.

    Refresh