Mandatory "agreement" for Playstation Network users waives your right to class actions over future hacks

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25 Responses to “Mandatory "agreement" for Playstation Network users waives your right to class actions over future hacks”

  1. phisrow says:

    Wow, a contract of adhesion overwhelmingly likely to be clicked through by a vast number of children without the legal power to agree to contracts of even the more reasonable sort!I’m sure that there are ways to make a greater mockery of contract law; but it would require effort…

  2. Not sure of the legality of this provision/s in other countries, but in the Philippines it’d most probably be considered to be unenforceable. If I remember my law school lessons correctly, you can’t waive your right against future fraud, and gross negligence can be considered fraud. Also, this would be a waiver of right found in a contract of adhesion (the contract is non-negotiable, and presented to the other party in a take-it-or-leave-it sort of way), and our courts don’t usually uphold those.

  3. Mona Morgan says:

    After all, it’s your fault for allowing Sony to have your information in the first place. Thanks for playing!

  4. Florian says:

    I would imagine that there aren’t a whole lot of places on the planet where contract clauses like that are legal.

  5. Andrew Thompson says:

    IANAL, but the wording of the agreement indicates that it bars you from participating in a class action lawsuit. You would still be free to sue Sony on an individual basis or enter arbitration.

    This is the second article I’ve seen (the other on GamePolitics) that has misrepresented the meaning of this new clause in the PSN EULA. They claimed that the new clause required to you enter “mandatory arbitration” instead of suing.

    Can Cory comment on why he believes this new agreement waives the user’s right to sue?

  6. FTFEULA

    “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.”

  7. Greggem says:

    Sometimes I feel like there is a room at Sony headquarters where they constantly brainstorm reasons for people not to buy their products. At this point I am contemplating putting electrical tape over their logo on my television.

  8. Pag says:

    EULAs should be illegal. Can you imagine if everything was like software? Every food item you buy at the grocery store, every piece of clothing would come with a 10 page contract. The whole reason of existence of these “contracts” is based on the idea that nobody reads them and nobody knows what terms they’re agreeing to. It’s a mockery of the idea of what a contract is.

  9. Teirhan says:

    So great, in order to tell Sony I want to be able to sue them, I have to send them a paper mailing?  Why not just a check box on the eula acceptance page?  you know, like the one that says I’ve read and accepted the eula?

  10. Blaze Curry says:

    I somehow think that this could be defeated if the need arose. Especially here in Canada.

  11. StarCreator says:

    This actually doesn’t have anything (much) to do with the hacking – it’s simply taking advantage of the extraordinary protection against class action lawsuits that the Supreme Court case AT&T Mobility vs Concepcion provides corporations.  Every TOS and EULA I’ve seen that was written after that decision includes a clause like this.  Thanks for nothing, Scalia.

  12. tknarr says:

    What’s even more annoying about it is that you have to agree to the EULA to use things like Netflix on the PS3. There’s no technical reason Netflix would need you logged in to your PSN account, but the PS3 won’t let you access it until you’ve logged in (which you can’t do unless you accept the EULA).

  13. jorum says:

    If it came to a court of law would this actually be enforceable?
    Also given the large number of minors who would click through this after switching on their PS3, how can Sony prove the EULA was agreed by an adult and therefore legally binding?My understanding is that anything that says “we cannot be held responsible for negligence” etc is basically bollocks as it is up to a court and judge to decide that fact.

  14. I would think this would work against Sony in a court case.  They don’t take their responsibility to keep personal data safe as evidenced by their plan to rely on people agreeing to not bother them when they are negligent.  What manager will authorize spending on improved security that has no financial benefit to the company?  It is proof of a culture of willful negligence.  Ripe for a class-action with punitive damages.

    Of course, if they have 12 high priced lawyers and I’m stuck with Lionel Hutz, they win (with or without the EULA).

  15. makuribu says:

    Can’t wait to see the EULA that comes with Sony’s new iPad killer tablet. You know, the one that will be crippled by an incompatible OS, intrusive DRM, slow processor, lousy battery life, extreme weight, and an online store with 12 apps. The one that will be $100 four months after it is released to lavish praise by the tech journalists for hire. With video reviews that include a lot of “this was supposed to…. oh wait, that shouldn’t happen… well, I’m sure that will be fixed in the .01 update… oops, have to press the reset button!”

  16. Ben Agata says:

    The no class action clause in contract has been held to be an enforceable term in several cases, as long as the rest of contract is not unconscionable. To whomever says that plaintiffs can bring individual suits or take this to arbitration, realize that the contract probably also has a provision that makes the Plaintiff pay for their own arbitration costs or pay for all legal costs if they lose at trial. Combine that with choice of law and venue clauses, and the no class action clause basically prevents individuals from bringing suit in any form. 

  17. jockhotty says:

    I agreed, but if they are negligent and cause me a problem, I will personally sue them, no need to gather others for a class action.
    I dont anticipate any problems

  18. Bubba73 says:

    This is long overdue. Sony haven’t said “fuck you” to their paying customers in weeks.

  19. Sean says:

    I scrolled through this license for 2 minutes this morning.  That’s as fast as I could make it go.  Can’t imagine this is enforceable.  

  20. If I don’t agree to these new terms, I have no way of removing my personal info from PSN. so if I had my credit card on file, it can still be hacked?  Could I class action sue them under the old EULA that I agreed to previously? (assuming there was enough people) Or does that EULA become null and void if they force an update that I have yet to agree with?

    This is where I’m lost. If I don’t agree to the new EULA, does my old one still hold up?

  21. AirPillo says:

    Even if it’s a completely unenforceable contract, its’ presence allows for Sony to stall any action against it (and increase the expense of that action) just that little bit more while people argue over whether it’s even a binding agreement.

  22. Greggem says:

    It absolutely is not binding if you weren’t the one who agreed to it. Say you are in the other room debating about how to phrase the most brilliant comment ever read on Boing Boing and one of your kids (nephews, neighbor kids, etc., whomever you invite over) picks up the controller and clicks the agree button. If you deny agreeing to it, and they have no evidence to the contrary you win. That would not be a case of two parties equally unable to prove a fact. They would be able to show that “someone” hit agree, and you could testify that you never did any such thing.

    Hell, they don’t have a camera on you (yet). Tell them your dog picks up the PS3 controller all the time. You encourage it since PSN had been down for a month and *someone* should get some enjoyment out of the damn thing.

  23. Kimmo says:

    Someone at Sony has obviously been taking notes from South Park…

    HUMANCENTiPAD

  24. matt maber says:

    “does not effect your statutary rights” probably nulifies this no?

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