Thou Shalt Not Sue Sony

from the can't-let-people-have-rights dept

AC alerts us to a change in the new Sony PlayStation Network terms of service that basically says that you agree not to sue the company. Honestly (and Sony pointed this out in its defense), such clauses are pretty common. It is debatable how enforceable some of these clauses are, but they say that you have to go to arbitration, rather than sue. The terms also bar participating in class action lawsuits, which seems much more questionable. Where Sony gets ridiculous is in claiming that this change "is designed to benefit both the consumer and the company by ensuring that there is adequate time and procedures to resolve disputes." That makes me think of a two syllable word whose first four letters are bull. Come on. At this point, everyone knows that binding arbitration between a company and a consumer wildly favors companies. A study from a few years back found that companies win in arbitration against consumers 95% of the time. Sony knows this. So its move is not about protecting consumers at all, and it's insulting for it to imply that it is.

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  1. identicon
    Rabbit80, 16 Sep 2011 @ 4:30pm

    I just saw thhis comment on Arstechnica...

    I saw the email update from Sony about this yesterday. I thought that TOS update looked fishy. The email is set up to show you redlines to indicate the diff between the old and new legalese - something they probably don't want you to understand. So, if they're pointing it out, it's so they're covered in the future. "We took the extra mile and pointed out the differences!"

    What got my notice was that this same TOS update removes references to "purchases" of content on the PSN in favor of the term "license" or "content license". So, after this update, you aren't buying content anymore from PSN... You're just giving them money for a license. Sounds questionable for older purchases (they shouldn't be able to just declare old purchases are now rentals).

    Additional on this subject:

    OLD -> NEW WORDING
    purchase -> completing a transaction
    acquiring -> licensing
    sales -> transactions
    pay for purchase -> complete transaction payment
    "You bear all risk of loss for accessing your content" -> "You bear all risk of loss for accessing the content"
    cost-> total amount
    purchase -> order

    DELETED WORDING (any reference to owning is removed)
    "purchase of rental content, subscriptions and other prepaid products"
    "Upon termination of this Agreement, Your Account, or license to any Property, You will immediately cease use of the Property and delete or destroy copies of the Property."
    “own,” “ownership”

    Last edited by Blue Adept on 16 Sep 2011 15:00

    http://arstechnica.com/gaming/news/2011/09/mandatory-ps3-update-removes-right-to-join-in-a- class-action-lawsuit.ars?comments=1&start=40#comment-22066988

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