117w ago - 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 VideoGameWriters.com 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 Slashdot 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?"
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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.
At 7: You sign away your right to sue Sony and you no longer own ANYTHING! Everything becomes a license to use, but you will never own it.
Notice how the word "purchase" has been removed and replaced with "order", "transaction" and "license", this is so that when you do complain, sony can get away with defects and removing features as you no longer own your ps3 you have been leased it.