Mon, Dec 19, 2011 | 23:22 GMT
Man sues Sony for ToS update forbidding suing
A class action suit has been filed against Sony’s alleged unfair business practices, thanks to its terms of service update forbidding class action lawsuits.

Gamespot reports an individual in North Carolina has filed suit against Sony over the September update explicitly preventing class action lawsuits.
The suit takes a similar line to one recently thrown out of a US federal court for lack of evidence in arguing that Sony is being unfair in asking players to choose between accepting the new terms of service or foregoing access to the PlayStation Network.
As well as the OtherOS suit mentioned above, Sony was hit by at least 55 class action suits as a result of the mid-April hack, which brought about an extended downtime and potential user information compromise.
Microsoft has instituted similar policy changes preventing class action suits.


12 comments
#1
tdrules
19/12/11, 11:31 pm
Man receives free service, complains when his right to sue is waived.
The ToS states no “class action” lawsuits, he still has the right to sue individually as a consumer and/or as part of arbitration.
#2
Talkar
19/12/11, 11:33 pm
This is the internet, how dare you think logically! xD
#3
Ireland Michael
19/12/11, 11:41 pm
@1 1) Being a free service does not suddenly justify people not having having basic legal rights. Sony are just trying to cover their own asses.
2) You cannot deny someone the right to sue. Regardless of whatever the hell it says on the EULA, it simply isn’t legally possible.
#4
2EX08
19/12/11, 11:53 pm
ABOUT TIME!
#5
Fin
20/12/11, 12:00 am
It’s shit like this that led to the EULA being updated to disallow class actions.
NO LINUX? TIME TO SUE.
#6
JimFear-666
20/12/11, 12:03 am
i dont understand that shit… Maybe its because im not american and i dont have time to lose to sue company x for a stupid reason.
(im not really fat, it was just an exemple)
#7
Phoenixblight
20/12/11, 12:06 am
@3
Actually you can. And since the ATT case has passed with this very exact thing and they were the first to do something like this. Every corporation under the sun is doing it now not just Sony. This case won’t get anywhere other than access denied.
#8
DSB
20/12/11, 12:47 am
I think you’re confusing legal precedent with actual law. There’s still no law stating that you can take away peoples right to file as a class (which is obviously why there’s an opt-out clause) so it’s still quite valid to challenge the legal precedent if you make a strong enough case, or simply change the circumstances.
The problem right now is that Bush managed to pull a Nixon and load the Supreme Court with people who have a fairly drastic take on the constitution, so I certainly doubt that the legal precedent will be replaced as long as those dinosaurs roam.
@5 I think you’re right, and I think the same is true for why you need 15 independent witnesses to prove rape in some tribal societies. If only those bitches would take it up the ass willingly, they wouldn’t have had to rig the justice system against them in the first place.
Dumb bitches!
#9
TD_Monstrous69
20/12/11, 1:19 am
I liked on how everyone gave Sony shit about this when they did it, but when Microsoft did the same policy, they got shit from no one. Not trying to sound totally fanboy-ish, but just saying is all.
#10
Psychotext
20/12/11, 2:31 am
When you’re the first (one of the first?) company to do something dodgy looking, people take note. When you’re the 50th? Hardly an eyebrow raised.
Besides the fact that a lot more people now know it’s really the fault of the supreme court rather than the companies involved. I’d certainly be doing it if I was running a company in the US. Not that I’d want to run a company in the US… what with the place being a complete legal minefield.
#11
polygem
20/12/11, 7:44 am
i sure gave ms shit for that. many others did. i am not a fan of suing for every tiny shit. but to sue a company for this is really cool and needs to be supported. i can´t believe how people can say this is ok, people shouldn´t complain etc. they dig off more and more of your personal rights and you smile back at them, saying thank you, i love you, thank you for all the nice games you give me, i obey you?
#12
The Evil Pope
21/12/11, 3:30 pm
“fkuc sony’s playstation” in weird japanese englsih robot voice.