DigitalMystic

@SeriouslyNow said:

This isn't a remedy to liability clause, this is deferring constitutional rights to restitution. No company can do that and EULAs have been debated in court many times.

No, mate. They're trying to control the venue through which you can bring claims against them, restricting your right to legal remedy. The clause Patrick quoted doesn't waive liability. It's a standard fare arbitration clause, just like on my AT&T agreement, the kind that used to exist in the credit card industry until a year or two ago when the forums were all revealed to be owned by the banks. It's actually a bit more friendly than theirs. While EULAs and arb clauses have been repeatedly thrown out in the past, one was held up in favor of AT&T in a major case last year. A concerning precedent for consumers.

Restitution wouldn't even come into it, though. Restitution is the remedy for gains received through unjust enrichment, which would require Sony to profit from something that you have a right to have profited from yourself. When it comes to the online store, the only thing customers could reasonably seek would be compensation for loss.

But we agree fundamentally that it's unenforceable, so I'm with you. :)

I'm just a student in law school who aced Contract Law last semester, but an online click-wrap agreement cannot make you fully waive any legitimate constitutional rights you have to legal remedy. Period.

Sony is simply including phrasing in their user agreement that matches the same kind of thing you accept every day from your electric company, phone company, bank, gas company, cell phone provider, credit card company, etc.

Where are the angry protests in the streets over the greed and injustice of so many American businesses and utilities operators, gamers? No, it's much more cool to shake our internet fists at Sony... perspective is everything, my gaming peers.