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View Full Version : PlayStation's new terms and conditions to protect against class action lawsuit



nurfman
20-10-2011, 01:19 PM
SONY seems to have as much to fear from disgruntled gamers as it does from the hackers that attacked PlayStation databases earlier this year.

The tech giant updated its terms and conditions last week forcing users to sign away their right to sue the company in a class action lawsuit if things go bad again.

Players are instead forced to participate in arbitration if their personal details are hacked, though disputes claimed in small-claims court are excluded from the new terms.

Gamers can still reserve their right to file a class-action lawsuit but they have a limited time to reject the new terms.

Players have just 30 days to void the arbitration agreement by mailing a letter to Sony refusing consent to the arbitration clause.



The update to the terms and conditions came just four months after hackers stole the personal details of more than 75 million PlayStation customers.

Sony quickly became the subject of a class action lawsuit in April that alleged the company did not take adequate steps to secure their network and failed to notify PlayStation users in a timely manner.

No one has taken credit for the attacks but Sony claims the hacking group Anonymous was involved.

The company alleges the group left behind a message containing their infamous tagline “we are legion” in a computer file named “Anonymous” following the attack which has cost the company more than US$170 million ($166 million) this financial year.



http://www.news.com.au/technology/gaming/game-on-playstations-new-terms-and-conditions-protect-against-class-action-lawsuits/story-e6frfrt9-1226141845371

Decon
20-10-2011, 06:20 PM
Hmm interesting. I'd have to read through the whole terms and conditions to get a better idea. However, the idea that you can sign away complete right to sue seems a little fishy to me.

nurfman
20-10-2011, 06:44 PM
It's got to of come from a lawyer I guess after being hacked , yes Id also say local laws would also effect

ELMO-LIKES-BOOBY
20-10-2011, 06:50 PM
Meh, the chances of me wanting to take Sony to court are 0.0000001% anyway.

Besides this applies to SNEA, which is American. We will have to wait to see if the Eurpopean T&C's apply to us before anyone gets worried.

JORDS686
20-10-2011, 07:58 PM
I agree, of I can't think of any reasons to sue. I don't store any personal info on PSN, only my email which is easy to delete if need be.


Sent from my iPhone 4 using Tapatalk
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PwnazorusRexx
20-10-2011, 08:58 PM
My psn email address has been hacked already and gets more Dick enlargement emails than nurf, although he does trail every product personally.

Smoke signals sent from my pipe.

LEBSTAA
21-10-2011, 12:41 AM
Hmm interesting. I'd have to read through the whole terms and conditions to get a better idea. However, the idea that you can sign away complete right to sue seems a little fishy to me.

No need to read through the whole T&Cs.

The Australian Consumer Law says that a term of a contract is void if it is "unfair". Section 25(1)(k) of the law says that an example of an unfair term is "a term that limits, or has the effect of limiting, one party's right to sue another party."

The contract can require the referral of disputes to arbitration as a first resort, in which case a court would want to ensure that the parties have tried and failed at arbitration before deciding the case. But if the PSN T&Cs say, as in Nurf's post, that "disputes claimed in small-claims court are excluded", then that's probably not enforceable.

Things get a bit more complicated when you exclude the right to class actions, in which case the Australian Consumer Law might still apply or the matter might depend on whether the term is "unconscionable" -- a fancy way of say very unreasonable and unfair.

ELMO-LIKES-BOOBY
21-10-2011, 01:12 AM
My psn email address has been hacked already and gets more Dick enlargement emails than nurf, although he does trail every product personally.

Smoke signals sent from my pipe.

No I don't think that has anything to do with Sony. I think that is the story you are telling your family though.

Locoevo
21-10-2011, 06:23 AM
No need to read through the whole T&Cs.

The Australian Consumer Law says that a term of a contract is void if it is "unfair". Section 25(1)(k) of the law says that an example of an unfair term is "a term that limits, or has the effect of limiting, one party's right to sue another party."

The contract can require the referral of disputes to arbitration as a first resort, in which case a court would want to ensure that the parties have tried and failed at arbitration before deciding the case. But if the PSN T&Cs say, as in Nurf's post, that "disputes claimed in small-claims court are excluded", then that's probably not enforceable.

Things get a bit more complicated when you exclude the right to class actions, in which case the Australian Consumer Law might still apply or the matter might depend on whether the term is "unconscionable" -- a fancy way of say very unreasonable and unfair.

yea what Lebstaa said. i told him all that stuff first though. :D

PwnazorusRexx
21-10-2011, 09:12 AM
No I don't think that has anything to do with Sony. I think that is the story you are telling your family though.

It does man, it does, because I use the same 2 passwords for pretty much everything, so, if they get that, they could get my psn password.

Smoke signals sent from my pipe.

ELMO-LIKES-BOOBY
21-10-2011, 11:53 AM
But you had to change your password after the PSN hack to a different one..

PwnazorusRexx
21-10-2011, 11:55 AM
But you had to change your password after the PSN hack to a different one..

Same one as before because I'm like that.

ELMO-LIKES-BOOBY
21-10-2011, 11:56 AM
I am 99% certain that it didn't allow you to use the same password again.

PwnazorusRexx
21-10-2011, 12:17 PM
I got 99 problems but a password aint one.

nurfman
21-10-2011, 12:21 PM
I got 99 problems but a password aint one.

Um news flash 99 would be the tip of your iceberg and i bet your password has some sort of penis word in it....am i warm?

PwnazorusRexx
21-10-2011, 12:23 PM
Um news flash 99 would be the tip of your iceberg and i bet your password has some sort of penis word in it....am i warm?

Freezing cold, the kind of cold that your testicles dread.

L1eutenant
21-10-2011, 02:47 PM
I only have one common based password. But i have around 20 different versions of it