Something went wrong. Try again later

Giant Bomb News

79 Comments

Supreme Court Prompted Sony's Restrictive Terms of Service

Decision in favor of AT&T stripping away rights to class action lawsuits spurred action.

You can still take legal action against Sony, you just need to send a letter maintaing that right.
You can still take legal action against Sony, you just need to send a letter maintaing that right.

If you've agreed to Sony's recently updated Terms of Service to sign into PlayStation Network, you're waiving the right to collectively sue (read: class action lawsuit) the company in the future.

There was speculation Sony decided to make this change now was the result of a Supreme Court decision involving AT&T from April. The decision allowed AT&T to include a similar clause in employee contracts that prevented them from taking collective legal action against the company.

Sony confirmed to CNN today this was the reason.

"The Supreme Court recently ruled in the AT&T case that language like this is enforceable," said a spokesperson. "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."

As pointed out in my story earlier this week, you have the ability to maintain the right to participate in class action lawsuits against Sony by sending a physical letter to the company. It's not the most convenient solution, but it's there. The catch being that anyone who agrees must send a letter to Sony within 30 days of saying yes.

Sony claims the move will benefit both the company and consumers, but the updated Terms of Service means you must engage Sony via arbitration. There is no jury involved with arbitration, though there is a judge. The cynical viewpoint would be that the lack of a jury could create less sympathy towards a consumer.

If you'd like to send a letter to Sony, I used Google Docs to create a publicly available template.

Patrick Klepek on Google+

79 Comments

Avatar image for lockwoodx
lockwoodx

2531

Forum Posts

6

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By lockwoodx

My question is could PSN users force Sony to create a version of PSN for those who said no? It would be like the handicapped forcing a restaurant to provide a proper access ramp.

Avatar image for mr48
mr48

104

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By mr48

Everyone here should watch the Hot Coffee, a documentary film about the erosion of consumer rights and corporate subversion of contract laws before they dismiss this issue as just another unimportant legal clause.

Avatar image for privateirontfu
PrivateIronTFU

3858

Forum Posts

2

Wiki Points

0

Followers

Reviews: 0

User Lists: 3

Edited By PrivateIronTFU

A few comments on a videogame website, and suddenly this entire generation's a bunch of 'get over it' pushovers. Thanks, ryanwho, you dumb prick.

Avatar image for xaviersx
Xaviersx

168

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 4

Edited By Xaviersx

If anyone noticed, consumer rights took a backseat to corporate interest during the industrial part of the revolution. The tech age only made it worse, but like that slow boiling frog, not enough realized it in any qualities numerous enough to see the significant differences, dispell the corp. litature, or the incorporated court. What's the mantra, . . don't worry be happy.

Avatar image for 71ranchero
71Ranchero

3421

Forum Posts

113

Wiki Points

0

Followers

Reviews: 0

User Lists: 6

Edited By 71Ranchero

@PrivateIronTFU said:

A few comments on a videogame website, and suddenly this entire generation's a bunch of 'get over it' pushovers. Thanks, ryanwho, you dumb prick.

Get over it.

Avatar image for mackgyver
mackgyver

817

Forum Posts

63

Wiki Points

0

Followers

Reviews: 1

User Lists: 1

Edited By mackgyver

PulledaBradon Sept. 22, 2011 at 1:43 p.m.

@shinigami420 said:

@zoner said:

@shinigami420 said:

This is dumb why the fuck do you care? why do you want to sue everybody? i can never understand you Americans

Yes, no one should be punished for losing personal information and risk putting people in danger of identity theft. Us Americans and our crazy identity theft culture.

Yeah i agree they should be punished but just saying HEY SONY YOU DIDNT KEEP OUR STUFF SAFE NOW GIVE US MILLIONS OF DOLLARS!!!

If it was the govorment i would be fine but this all seems like a cheap way to try to get alot of money

People in North America are just looking for excuses to sue big corporations so they can get rich

I dont think he understands how class action law suits work....

I agree and might I add that if one does not understand, then one should do a little research into the subject before opening ones' big mouth and making a fool of oneself. In short, STFU!

Avatar image for thechronodarkness
thechronodarkness

300

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Granted, sony has a problem that it never released psn cards until nearly 2 years into its release in america......Have to say, just delete your credit card from your psn account. Now even. Just buy psn cards, as inconvient as it is. But hey, if you're downloading 150+ meg updates every 3 weeks or sooner, i'm sure your used to inconvience by now.

Avatar image for raidenmitsuru
RaidenMitsuru

198

Forum Posts

269

Wiki Points

0

Followers

Reviews: 0

User Lists: 2

Edited By RaidenMitsuru

Fuck AT&T, that is all.

Avatar image for uglykitten
uglykitten

77

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 1

Edited By uglykitten

@ricetopher said:

(╯°□°)╯︵ ┻━┻

Indeed.

Avatar image for rpratts
rpratts

80

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 2

Edited By rpratts

thank you... planning to mail it in tomorrow.

Avatar image for generic_username
generic_username

943

Forum Posts

1494

Wiki Points

0

Followers

Reviews: 2

User Lists: 7

Edited By generic_username
@MackGyver said:

PulledaBradon Sept. 22, 2011 at 1:43 p.m.

@shinigami420 said:

@zoner said:

@shinigami420 said:

This is dumb why the fuck do you care? why do you want to sue everybody? i can never understand you Americans

Yes, no one should be punished for losing personal information and risk putting people in danger of identity theft. Us Americans and our crazy identity theft culture.

Yeah i agree they should be punished but just saying HEY SONY YOU DIDNT KEEP OUR STUFF SAFE NOW GIVE US MILLIONS OF DOLLARS!!!

If it was the govorment i would be fine but this all seems like a cheap way to try to get alot of money

People in North America are just looking for excuses to sue big corporations so they can get rich

I dont think he understands how class action law suits work....

I agree and might I add that if one does not understand, then one should do a little research into the subject before opening ones' big mouth and making a fool of oneself. In short, STFU!


Hating on Americans is a traditional course of action on videogame websites. Especially ones made by Americans.
Avatar image for phished0ne
Phished0ne

2969

Forum Posts

1841

Wiki Points

0

Followers

Reviews: 0

User Lists: 7

Edited By Phished0ne

@ChrisInCali: @MusiM: You dont need to, you just agree to the EULA, then send the letter, The letter acts as you not agreeing to that particular clause, and then you can still go online. Done.

Avatar image for andtheworld
Andtheworld

40

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By Andtheworld

You guys do realize that you can still collectively sue, right?

And do you also realize that valve and a shitton of other companies have ALSO done this? Honestly, people, do some research.

Avatar image for nipcrip66
NipCrip66

143

Forum Posts

0

Wiki Points

0

Followers

Reviews: 2

User Lists: 0

Edited By NipCrip66

@shinigami420: I am European and fortunately my rights are protected. However this is about the power to take companies to account for not doing their jobs. Sony want to have your personal and financial details so should be punished if they fail in their duty to protect those. The most powerful tool consumers have is to take money from the corporation. In a class-action lawsuit the company has less chance to bully their way through the court case. That is why this is a dangerous precedent to set.

Avatar image for nipcrip66
NipCrip66

143

Forum Posts

0

Wiki Points

0

Followers

Reviews: 2

User Lists: 0

Edited By NipCrip66

Well I for one won't accept this TOS for as long as I can avoid it. This means not buying Euphoria and probably not playing Uncharted 3 online.

Instead I will stick with XBLA (which, if the same game comes out on both platforms I use anyway). Not a great deal of pain for me and less money to Sony and any game companies that choose to use them exclusively.

Avatar image for knightlyknave
knightlyknave

121

Forum Posts

20

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By knightlyknave

That sucks that the Supreme Court of the US thinks it's okay to waive your rights to a fair trail in the small print of a contract. Luckily, most provinces in Canada don't think that's fair and would overturn such wording.

Avatar image for sagesebas
sagesebas

2465

Forum Posts

579

Wiki Points

0

Followers

Reviews: 3

User Lists: 5

Edited By sagesebas
@shinigami420 It's not they fact that everyone wants to sue it's the fact that if a company fucks up bad enough the consumers should have the right to proper legal action.
Avatar image for sagesebas
sagesebas

2465

Forum Posts

579

Wiki Points

0

Followers

Reviews: 3

User Lists: 5

Edited By sagesebas
@shinigami420 do you know what a class action lawsuit is people would hardly be getting rich off it
Avatar image for yukoasho
yukoasho

2247

Forum Posts

6076

Wiki Points

0

Followers

Reviews: 6

User Lists: 7

Edited By yukoasho

@Andtheworld said:

You guys do realize that you can still collectively sue, right?

And do you also realize that valve and a shitton of other companies have ALSO done this? Honestly, people, do some research.

Can't you also sue individually? You know, where the real fucking money is?

Avatar image for wickedcobra03
WickedCobra03

2375

Forum Posts

587

Wiki Points

0

Followers

Reviews: 1

User Lists: 8

Edited By WickedCobra03

@Traegan said:

I don't believe it is right to change TOS after a customer has purchased a product. I bought something, I agreed to the TOS (or presumably disagreed and returned the product). Forcing the customer to accept a change in TOS without offering a refund if they disagree with the TOS should not be allowed.

I totally agree with this. I tried doing this with Battlefield 2142 where they had that IGA agreement which I wanted no part of. The in-game advertising was ridiculous to say the least. Intel Pentium ads all over an eastern european village.

Case and point. I find this completely disgusting...

So when I opened the box to find this...

No Caption Provided

....I decided that I didn't want to agree to this and tried to return it to best buy where they told me it was illegal to return opened games... this was basically before I fully knew well that it certainly is not illegal. In fact, all of these retailers hide under that guise and perpetrate that lie onto consumers.

This whole in-game ads and digital distribution crap where they say they will pass the savings onto consumers has been so much bullshit it makes me want to spit. And I am even more angered that consumers are so complacent with the fact that they are being screwed over!

Avatar image for thesoutherndandy
TheSouthernDandy

4157

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By TheSouthernDandy
@PulledaBrad

@shinigami420 said:

@zoner said:

@shinigami420 said:

This is dumb why the fuck do you care? why do you want to sue everybody? i can never understand you Americans

Yes, no one should be punished for losing personal information and risk putting people in danger of identity theft. Us Americans and our crazy identity theft culture.

Yeah i agree they should be punished but just saying HEY SONY YOU DIDNT KEEP OUR STUFF SAFE NOW GIVE US MILLIONS OF DOLLARS!!!

If it was the govorment i would be fine but this all seems like a cheap way to try to get alot of money

People in North America are just looking for excuses to sue big corporations so they can get rich

I dont think he understands how class action law suits work....

To be fair I don't think that's something they teach in grade 8. Maybe when he gets to high school.
Avatar image for therawski
TheRawski

10

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By TheRawski

It's the United Corporations of America, where citizens are eager to give away their rights because of 9/11 and Federal Reserve's lies. AT&T and SONY are BIG faceless companies that don't have to take responsibility for anything. AT&T spent billions of dollars lobbying the US government, our government is almost as corrupt as any of the others. I sent my letter into SONY (thanks giantbomb) and am trying to get away from AT&T but they have an oligopoly in my area with Comcast so I don't have any choice.

Avatar image for gravitasprimus
GravitasPrimus

13

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By GravitasPrimus

@dlwarner: you got that right.

Avatar image for ryanwho
ryanwho

12011

Forum Posts

-1

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By ryanwho

@PrivateIronTFU said:

A few comments on a videogame website, and suddenly this entire generation's a bunch of 'get over it' pushovers. Thanks, ryanwho, you dumb prick.

Well I didn't say the entire generation. You added that qualifier yourself. Certainly, though, me and Patrick are both worried about people like you who vehemently fight for your right to apathy.

Avatar image for enigma777
Enigma777

6285

Forum Posts

696

Wiki Points

0

Followers

Reviews: 0

User Lists: 8

Avatar image for puck
Puck

51

Forum Posts

18

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By Puck

Keep voting Republican people, this is what happens.

They want small government, when it benefits the corporations. They support freedom, so long as it benefits the corporations. They want to hand everything to corporations.

It's the same with abortion rights. Don't get me wrong, abortion is despicable, but if you are for small government and want the prosecutor's office to review every miscarriage (the only way to possibly stop them).....then you are by no means for small government. Does it benefit big insurance and drug companies? Then they want small government. Hypocrites.

Avatar image for blueduck
blueduck

965

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By blueduck

@Puck said:

Keep voting Republican people, this is what happens.

They want small government, when it benefits the corporations. They support freedom, so long as it benefits the corporations. They want to hand everything to corporations.

It's the same with abortion rights. Don't get me wrong, abortion is despicable, but if you are for small government and want the prosecutor's office to review every miscarriage (the only way to possibly stop them).....then you are by no means for small government. Does it benefit big insurance and drug companies? Then they want small government. Hypocrites.

It's the whole government dude. The sad fact is corporations make so much money that buying off a politician/judge comes down to mere chump change.

Avatar image for privateirontfu
PrivateIronTFU

3858

Forum Posts

2

Wiki Points

0

Followers

Reviews: 0

User Lists: 3

Edited By PrivateIronTFU

@ryanwho said:

@PrivateIronTFU said:

A few comments on a videogame website, and suddenly this entire generation's a bunch of 'get over it' pushovers. Thanks, ryanwho, you dumb prick.

Well I didn't say the entire generation. You added that qualifier yourself. Certainly, though, me and Patrick are both worried about people like you who vehemently fight for your right to apathy.

You added that part yourself. I never said this was a bad idea, or that we should get over it. But I'm pretty sure you and Patrick have very different worries.