Sony to users: No PSN if you sue us

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 6 years ago '04        #1
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Da Ill One|M 4602 heat pts4602
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Sony to users: No PSN if you sue us
 

 

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Sony sent an e-mail to all their PSN subscribers today announcing a terms of service change that will be implemented on September 15, 2011. You must agree to this new TOS to continue using the Playstation Network, but doing so completely absolves Sony of any new class action lawsuit you may choose to file against Sony.

Originally I was going to write this article about how they seemed to be k!lling Qriocity, which is among the first changes noted in their PDF document, but things get much, much worse for folks who want to sue Sony over their PSN data breach:

The first bit that made me raise an eyebrow was the condition that the TOS can only be accepted by a legal adult. Minors will have to get their parents permission to accept the new TOS and their parents will have to agree to the contract.

Why is that you might ask? The legalese is immediately followed by this:

“NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 15 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND SNEI, SONY COMPUTER ENTERTAINMENT INC., SONY COMPUTER ENTERTAINMENT AMERICA LLC, THEIR AFFILIATES, PARENTS OR SUBSIDIARIES (ALL ENTITIES COLLECTIVELY REFERRED TO BELOW AS “SONY ENTITIES”). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN SECTION 15.”

So what is this notorious “Section 15″ to which they refer? The “too long; didn’t read” version boils down to this; if you have a beef with Sony, you will now be contractually obligated to take it up with them directly and individually. You can’t sue them as a part of a class action and you can’t be named in any kind of governmental legislation that might be enacted against Sony. Well, not if you want to keep using PSN.

“15. BINDING INDIVIDUAL ARBITRATION
Purpose. The term “Dispute” means any dispute, claim, or controversy between you and any Sony Entity regarding any Sony Online Services or the use of any devices sold by a Sony Entity to access Sony Online Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 15 (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any Sony Entity or any of a Sony Entity’s officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below. Other than those matters listed in the Exclusions from Arbitration clause,
you and the Sony Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 15, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND THE SONY ENTITIES AGREE THAT ANY CLAIM FILED BY YOU OR BY A SONY ENTITY IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 15.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 15, YOU MUST NOTIFY SNEI IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PSN ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION.

Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY SONY ENTITY, YOU MUST SEND WRITTEN NOTICE TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: SONY LEGAL DEPARTMENT: DISPUTE RESOLUTION” TO GIVE SNEI OR THE SONY ENTITY YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE

INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If the Sony Entity you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or the Sony Entity you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this Section 15.

Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGALACTION, UNLESS BOTH YOU AND THE SONY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011.
SNEAInitiation of Arbitration Proceeding/Selection of Arbitrator. If you or the Sony Entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration a.ssociation (“AAA”),
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 AAA - Arbitration, Mediation and other forms of Alternative Dispute Resolution (ADR), or JAMS
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 JAMS Arbitration, Mediation, and ADR Services. The terms of this Section 15 govern in the event they conflict with the rules of the arbitration organization selected by the parties.

Arbitration Procedures. Because the software and/or service provided to you by the Sony Entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at
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 AAA - Arbitration, Mediation and other forms of Alternative Dispute Resolution (ADR) or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the Sony Entity you had a Dispute with as described above, if the arbitrator finds
that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the Sony Entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or the Sony Entity you have a Dispute with may initiate arbitration in either San Mateo County, California or the county in which you reside. In the event that you select the county of your residence, the Sony Entity you have a Dispute with may transfer the arbitration to San Mateo, County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.

Severability. If any clause within this Section 15 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 15, and the remainder of this Section 15 will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 15 will be unenforceable, and the Dispute will be decided by a court and you and the Sony Entity you have a dispute with each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.

Continuation. This Section 15 shall survive any termination of this Agreement or the provision of Sony Online Services to you.”

In other words, you want PSN? Absolve us of any blame for giving away your info.


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 » Sony Outrage: No PSN Unless You Waive Lawsuit - Game Stooge: The most up to date gaming and tech news blog on the planet.


Last edited by Da Ill One; 09-14-2011 at 10:54 PM..

101 comments for "Sony to users: No PSN if you sue us"

 09-14-2011, 10:49 PM         #2
LaRy BLanco 
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 6 years ago '05        #3
PhI|0z0pH3r 72 heat pts72
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 6 years ago '04        #4
|Roscoe 385 heat pts385
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 6 years ago '10        #5
Agentzer0oo0 209 heat pts209
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$67,856 | Props total: 20821 20821
Wow....that is just.....


 6 years ago '06        #6
edouble2k6 1 heat pts
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This makes sense though. If you had enough problems with Sony to sue them, why would you want to continue using their service anyway?
 6 years ago '08        #7
Arson 84 heat pts84
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user: hey my sh*t got stole and its your fault!
sony: not really
user: yes really, i'm suing you fu*ks
sony: *shows user his account with the permaban option selected* not really
user: shiiet negro that's all you had to say

*case closed*
 6 years ago '04        #8
Da Ill One|M 4602 heat pts4602 OP
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 edouble2k6 said:
This makes sense though. If you had enough problems with Sony to sue them, why would you want to continue using their service anyway?
Because some people like sue-ing people for no reason other than just to try to make a buck or three...
 6 years ago '04        #9
Liquid-Science 28 heat pts28
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that's a funny a.ss threat

I applaud them for those gangsta tactics

I'd be mad if I used PSN a lot though
 6 years ago '09        #10
ImAMonster 407 heat pts407
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I don't input my personal info on PSN. I will continue to game. Thank you.
 6 years ago '04        #11
Da Ill One|M 4602 heat pts4602 OP
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$45,508 | Props total: 4990 4990
 ImAMonster said:
I don't input my personal info on PSN. I will continue to game. Thank you.
Same here but to add on

I don't sue for stupid reasons, I will continue to game. Thank You
 6 years ago '06        #12
StillFree28 27 heat pts27
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...I'll just hang up on my lawyer now.

 6 years ago '04        #13
King Kusanagi 36 heat pts36
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LOL Only sony...
 6 years ago '06        #14
coolio 57 heat pts57
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 Arson said:
user: hey my sh*t got stole and its your fault!
sony: not really
user: yes really, i'm suing you fu*ks
sony: *shows user his account with the permaban option selected* not really
user: shiiet negro that's all you had to say

*case closed*

 6 years ago '10        #15
Trill Livin 65 heat pts65
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thats game

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PSN won
 6 years ago '05        #16
I'm The Dan 7 heat pts
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I wish Xbox had some better first party games. I am looking for a reason to drop Sony and this is it, but I just don't like the Xbox first party games at all.

Dammit.
 6 years ago '08        #17
Dee Grande 1269 heat pts1269
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there'll be plenty of xbox live though
 09-15-2011, 03:21 AM         #18
KrayzieCMB 
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 PhI|0z0pH3r said:

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That made me laugh
 6 years ago '05        #19
coolwhip 
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how do u open a law suit against sony?
 09-15-2011, 04:17 AM         #20
WorldsStrangest 
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hacked consoles FTW. havent been on PSN since last year.

and if im gonna play online, id shoot myself first then buy another xbox before using PSN

time to get my laywers together, get. this. MOOLAH.
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