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Another Sony Saga, sigh....

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posted on Sep, 15 2011 @ 02:09 AM
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This is a rather shocking piece of news that i saw today.

Apparently Sony will send emails to all its Ps3 members, with its new Terms of Service. Nothing strange you think, well think again.

The thing is, if you accept this TOS, you basically absolve Sony from you ever filing any lawsuit against them, wich means they can do whatever they like, and you may not sue, because you accept these TOS conditions.


“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.”


Section 15 is rather long winded, but basically boils down to the fact, that if you have any dispute with Sony, you cannot sue them as part of a class action, you have to take it up directly with Sony themselves, and not just that, but you are contractually binded to do so, because you accepted the TOS.

Thing is, i have not received such an email yet, although i am sure it will arrive in due time.


Class Action Waiver. 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 LEGALACTION, 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. SNEAInitiation of Arbitration Proceeding/Selection of Arbitrator. If you or the Sony Entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section 15 govern in the event they conflict with the rules of the arbitration organization selected by the parties.


That is a part from the Section 15 clause, wich describes the class action waiver.

The thing is, i wonder how many people will bother to read this, or ever bother to read contracts at all. Basically this clause means you waiver all rights to lawsuits, if you want to keep using the PSN.

However Sony is smart, and knows that this clause might even be illegal, as this states..


"If any clause within this Section 15 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 15, and the remainder of this Section 15 will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 15 will be unenforceable, and the Dispute will be decided by a court and you and the Sony Entity you have a dispute with each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury."


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VVv




posted on Sep, 15 2011 @ 02:35 AM
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reply to post by VreemdeVlieendeVoorwep
 

this is a joke
sony is a good system but they treat us like crap
after the hacking thing we were promised games, but they sucked and they tricked me into forefiting a game for ps subscription..
i wonder if i will be able to use it online or play games if i dont agree?
if it does ill sue them for the cost of my ps3



posted on Sep, 15 2011 @ 02:55 AM
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this is a change to sony's network terms of service, so if you don't agree to these terms then you will not be able to play online. and just before battlefield 3 and MW3 are scheduled to hit, how many people will bother with reading the TOS? this is insane.

i haven't read through it all but i got the email tonight with a link to the new TOS:

Sony Network's New Terms of Service



posted on Sep, 15 2011 @ 03:24 AM
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i haven't read through it all but i got the email tonight with a link to the new TOS:
reply to post by godWhisperer
 


Exactly!! This is what will happen with many many users, they do not read these complicated and elaborately worded contractual writings, and just accept it.

Yet, few know what they are actually accepting.

Imagine more and more companies start doing this.

vvv



posted on Sep, 15 2011 @ 03:58 AM
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They are working really hard to ruin the gaming industry.
It went from being a pretty decent industry to utter garbage in the last ten years.



posted on Sep, 15 2011 @ 04:06 AM
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Originally posted by GogoVicMorrow
They are working really hard to ruin the gaming industry.
It went from being a pretty decent industry to utter garbage in the last ten years.

so true
id like to see how it would of went if it was in the hands of the people not corporations



posted on Sep, 15 2011 @ 04:31 AM
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I'll keep my modded PS3 and Sony can keep their PSN and stupid TOS's.


It's getting rediculous. Sony is ruining any reputation they had with actions like these.



posted on Sep, 15 2011 @ 04:38 AM
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That's a really crap move on Sony's part. However, there is one thing they didn't bet on....

The thinking gamer.



posted on Sep, 15 2011 @ 10:39 AM
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reply to post by VreemdeVlieendeVoorwep
 


Some courts, including Federal appeals courts, have ruled against business that attempt BS like this. I say go for the class action lawsuit now to force SONY to abide by the rules, then nail em for the BS TOS change.



posted on Sep, 15 2011 @ 11:46 AM
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Its also listed in the TOS that they can change the TOS any time.

Read any TOS (not that any one reads them), they protect the company that wrote it, against the customer.



posted on Sep, 15 2011 @ 09:06 PM
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you people are out of your minds!!!
its a GAME station .. what 200$?? fresh off the mill 350$ decide its junk?? ok well buyer beware .
Its 350$ not the end of the world get over it and dont buy another one from them .
Just say NO!! sue happy people is why sony feels the need to have this ..
O i spent 350$ mr lawer but my emotional trama i recived from not being able to play online should be worthhhhh ooooo say 5 million?? (( lawer Druling yea man your scared for life .



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