How can they contract themselves out of the law? And for those who play online (oblivious of hacking and court cases that inspired this), this is just a slap in the face. They must be wondering what the hell $ony is up to!
Does $ony ever consult all the laws worldwide to confirm the way their clauses are structured?
I was wondering the same thing. I don't see how they could possibly think this would hold up in court. If it is possible to do that, then every product would be licensed with a similar clause.
As much as I don't want to see another class action against Sony (since it means they have been shafting consumers, yet again) I would love to see this struck down in court. Also, it would be funny if it caused other sections of the ToS to be invalidated as it came under further scrutiny.
How to Opt-Out of Sony's New PSN TOS Class Action Waiver
Yesterday we reported on Sony's updated Terms of Service which included a clause to waive participating in new class action lawsuits against the corporation, and today http://videogamewriters.com/how-to-opt-out-of-sonys-no-class-action-lawsuit-clause-in-the-new-psn-terms-of-service-23852 notes how to opt-out of the new PSN TOS class action waiver while still being able to access PlayStation Network.
To quote: "However, as user ThinkWeak on http://games.slashdot.org/story/11/09/15/1542247/New-Sony-PSN-ToS-Class-Action-Waiver-Included pointed out, there is a remedy written into the ToS for consumers who do not want to roll over for Sony.
On page 17 of the full Terms of Service, (section 15 paragraph 3), there is the following helpful information, capitalized to indicate that they are yelling at you for some reason:
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
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.
So there you have it. A simple old-school snail-mail will allow you to both enjoy the PSN service and maintain your given rights as a US or [INSERT YOUR STATE HERE] citizen. Don’t you love living in the 21st century?"
We pretty much already have that with the new PSN Pass system they introduced with Resistance 3 (which will be on all first-party PS3 games from now on).
heaps of games have online pass only access for online play. i purchased nfs shift 2 the other day from my local second hand shop and got home only to find i had to pay for online since the code was already used once.. either that or go to my local game shop and copy a "new" code out of the new stock on the shelf.. and it worked... LOL
i'd like to opt out but i'll just leave it.. its not like i'll be suing anyone anyways.. LOL
as you say they'll probably cancel my psn if i do sometime down the track..
Last edited by elser1; 09-16-2011 at 01:23 AMReason: Automerged Doublepost
Lets face it, if you don't have a bucket load of cash stashed somewhere, the individual will never win against these big corporations - and I say big corporations because $ony is not the only bully around!
Last edited by OGroteKoning; 09-16-2011 at 03:28 AM