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Old 09-16-11, 07:48 PM   #1
Ninja Prime
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Default Sony asks for soul in new TOS

Well, almost:

http://www.dailytech.com/article.aspx?newsid=22765

Yeah, sounds like a plan, sign away any right to sue or join lawsuits against a company known for the largest loss of customer data ever...
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Old 09-16-11, 08:46 PM   #2
shabby
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Default Re: Sony asks for soul in new TOS

They really want to get hacked again don't they?
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Old 09-16-11, 10:14 PM   #3
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Default Re: Sony asks for soul in new TOS

I don't really understand what this means..

I got an email a few weeks ago, saying like classmates.com had a class action lawsuit against them.. and for some reason I have $15 to my name or something. So that's good. I'm guessing something similar is going on here.

If you don't install the update, what happens?
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Old 09-16-11, 11:51 PM   #4
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Default Re: Sony asks for soul in new TOS

Quote:
I don't really understand what this means..
Basically they are covering themselves from class action lawsuits. They are basically saying, you agree that if you have a problem with them you cannot sue them via a class action. So if you and a 1000 other people had an issue like your data got hacked, you cannot all join up as a single class and sue Sony together. You give up any right to a trial by Jury and will agree to settle the matter with an arbiter individually. The arbiter will basically hear your side and Sony's side and say this is his decision. You then have no choice but to accept the decision that the arbiter made.

Quote:
If you don't install the update, what happens?
You lose access to PSN if you don't install it. No more downloads even for games you bought or pre-ordered on PSN using the play promo. No more PSN+ or it's features if you're a subscriber. And you lose the ability to play any always connected DRM checking game like Final Fight.

BTW, you can opt out to that section that says you are bound to binding arbitration but you have to do it in writing via the post office within 30 days of accepting the agreement. And it is pretty much a standard part of their ToS and EULA from now on, so you most likely have to mail an opt out letter every time there is a firmware update because each time you press an I agree you get 30 days to mail a opt out letter. Funny thing is this is a brilliant move, everyone is basically going to just press I agree, so even if some people do send in the letter opting out, Sony gets them either with the next update or even if they do opt out again, there won't be enough people who sent in the letters to even make a class action case possible (assuming of course that the current EULA is legally binding).
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Old 09-17-11, 11:31 AM   #5
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Default Re: Sony asks for soul in new TOS

In the USA previous court cases have shown that the EULA is legally binding, and that clauses as such will stand up in court.
However in Canada, that clause is void due to the law that says you cannot willingly or unwillingly give up the rights that have been given to you under Canadian law, and EULAs are on questionable ground.

ps: the class action lawsuit is because classmates.com sold your personal data.
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Old 09-17-11, 11:55 AM   #6
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Default Re: Sony asks for soul in new TOS

I can't really blame them... with our joke of a law system allowing class action suits for simply getting ones ego bruised, trying to avoid them alltogether would be pretty high on my list.

Keep in mind that Sony is providing an entertainment service. Totally optional. There is nothing you need to class action unless say, your information gets sold under terms where you agreed they wouldn't be sold. To many people turning their nose up in disgust as if it was a right.
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Old 09-17-11, 02:30 PM   #7
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Default Re: Sony asks for soul in new TOS

Quote:
Originally Posted by jeffmd View Post
I can't really blame them... with our joke of a law system allowing class action suits for simply getting ones ego bruised, trying to avoid them alltogether would be pretty high on my list.

Keep in mind that Sony is providing an entertainment service. Totally optional. There is nothing you need to class action unless say, your information gets sold under terms where you agreed they wouldn't be sold. To many people turning their nose up in disgust as if it was a right.
Or they don't provide adequate security and leak your financial information like a seive, then don't want to do anything about it.

What is worse is that you need to agree to the TOS in order to get game/blu-ray updates, as such it is "totally optional" in the same sense that buying a ps3 is "totally optional".
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Old 09-17-11, 07:15 PM   #8
Ninja Prime
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Default Re: Sony asks for soul in new TOS

Yeah totally optional, right? So if I want to keep using a PS3 that I already own, its totally optional, right? No. Once again, just like the linux thing before and BC before that, Sony sells you something with features and then later takes them away, unless of course you agree to give away all your rights. Scum. I swear they are one of the worst companies in the world to their consumers.

Time to bring this nugget back out: http://www.thebestpageintheuniverse....=sony_bull****
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Old 09-18-11, 01:13 AM   #9
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Default Re: Sony asks for soul in new TOS

I did not know that SONY (still) uses ATARI computers.
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Old 09-18-11, 05:04 PM   #10
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Default Re: Sony asks for soul in new TOS

Apparently you can opt out of the class action lawsuit clause but you have to send them a letter with your info. Naturally, they make you jump through hoops to opt out.
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Old 09-18-11, 05:23 PM   #11
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Default Re: Sony asks for soul in new TOS

Quote:
Originally Posted by ViN86 View Post
Apparently you can opt out of the class action lawsuit clause but you have to send them a letter with your info. Naturally, they make you jump through hoops to opt out.
And I'm fairly sure you'll have to send them a letter every time the firmware updates.
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Old 09-18-11, 05:24 PM   #12
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Default Re: Sony asks for soul in new TOS

In other words...

"Internet security is an expensive thing. Rather than spend money on said security and cut into our share holder's dividends, the next time we have a security breech our customers can suck a ****. It's not our problem that we couldn't secure your information, it's yours. Besides, most of you are teenagers using your parent's credit cards... do you really care?"
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