Following the huge security breach of the PlayStation Network, Sony realized that not only did it require better security for PSN, it also needed to protect itself as a company from millions of gamers potentially suing it in the future. The solution: add a new clause to the PSN terms of service that had gamers agree never to sue the company.
It was such a clever and sneaky workaround both EA and Microsoft decided to do the same thing. It meant if anything goes wrong with your Sony or Microsoft online services, there’s not much you can do about it. The same is true for EA’s Origin service.
While it may seem like a great solution to an otherwise potentially very expensive problem, not all gamers are happy to accept these new terms. You can opt out of the don’t sue clause, but there was limited time to do so (30 days from the time you agreed), and Sony didn’t exactly advertise this had been added to their terms and conditions.
So guess what has happened? A class action lawsuit has been filed against Sony for unfair business practices relating to the introduction of this clause. The lawsuit represents anyone who owned a PS3 before the don’t sue clause was introduced, and accuses Sony of forcing gamers to make a choice between giving up their rights or losing access to the online gaming network they are entitled to.
Sony has yet to make comment on the lawsuit, but it does pose a problem for them. If successful, it means the clause has to be removed. It would also mean both Microsoft and EA would likely have to change their terms too or risk facing similar action.
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