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EA forbids class action suits in new Origin TOS photo

It seems that Sony isn't the only corporation hopping aboard the "don't sue us" bandwagon. Electronic Arts has also been inspired by AT&T's recent shenanigans, quietly adding a clause that forbids Origin users from joining class action suits. 

It's worth noting that the publisher actually changed its terms of service before Sony did, so it seems inspired by the same AT&T source rather than the PS3 platform holder. That's EA for you -- providing innovations for the game industry in all the wrong ways. 

With both Sony and EA welcoming this new scheme with open arms, it would appear that we have a hot new craze in the making. Of course, it's hardly surprising that EA would be all over this, especially as it seems dedicated to making Origin the most dickish entity in the universe, that it might please The Dick Gods in their dickwisdom. 

Seriously, EA has to be doing all this on purpose, right?








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66 comments | showing # 1 to 50
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Tristrix's Avatar - Comment posted on 09/26/2011 09:23
Tristrix
Are we going to have an article with a fresh Internet Shitstorm (tm) every time a new company does this with their ToS? Because they're all going to, the flood gates are open now. Maybe it's best to just get our rage all out of the way at once.

RAAAAAAWBLARGBLARGBLARGBLARGRAAAAAAAAAAH!

There. I feel better already.
Gorescream's Avatar - Comment posted on 09/26/2011 09:24
Gorescream
And so it spreads...

Like wildfire...

Chris Carter's Avatar - Comment posted on 09/26/2011 09:24
Chris Carter
It's only a matter of time until ToS agreements are comparable to South Park's Human CentiPad.
SmileyBarry's Avatar - Comment posted on 09/26/2011 09:25
SmileyBarry
Is this even legal? You can forbid your customers from suing you in one way through a damn click-through agreement? I can see this in physical contracts but online? In a Terms of Service?
Graduated Plum's Avatar - Comment posted on 09/26/2011 09:26
Graduated Plum
Do companies want us to hate them? Is that actually a business model?
Gorescream's Avatar - Comment posted on 09/26/2011 09:27
Gorescream
@Graduated Plum
Heh, they don't care, the majority of gamers don't even check things like this anyway. So long as their being fed another Madden, they're happy.
CelicaCrazed's Avatar - Comment posted on 09/26/2011 09:28
CelicaCrazed
Microsoft is shaking their head for not thinking of this 5 years ago.
Sexualchocolate's Avatar - Comment posted on 09/26/2011 09:29
Sexualchocolate
Can whoever it is that complains about sexy women header images just stop.

You realise all your complaints acheive is to drive Jimbo to find all these ghey headers. Please guys. Just take your sexy lady headers and enjoy them.

I think we've earned a few hot female header images over the last few days.


In other news, oh noes, TOS is stopping me from class action suing like a whiney little bitch.

If you have a problem worth suing over, take it up directly. Class action is more of a protest against a minor gripe that most people don't even care about, just want in on the bandwagon.

Class action suits are a dick move anyway. If you've really been harmed you can and should sue properly or at least offer the culprit the chance to make it right.
Gene Eric's Avatar - Comment posted on 09/26/2011 09:30
Gene Eric
Of course fans of either companies will claim this being a small matter. Who dares to sue poor ol' EA or Sony?
Monodi's Avatar - Comment posted on 09/26/2011 09:32
Monodi
aaaaaaaaaaaaaaaaaaaaaaaa
ManWithNoName's Avatar - Comment posted on 09/26/2011 09:37
ManWithNoName
I will repeat myself once again: If you do not agree with this, do not buy products from Sony or EA! Talk with your wallet! Complaining in the internet and buying their products anyway will not make the companies change their minds!
Machio's Avatar - Comment posted on 09/26/2011 09:37
Machio
I guess this AT and tee thing stood up in america but I wonder if this will fly anywhere else.
cloudnune's Avatar - Comment posted on 09/26/2011 09:41
cloudnune
Not to go all legal here, but these are adhesion contracts with such unequal bargaining power that it seems entirely possible that a court will find it to be unconscionable if challenged.

And for the record: large companies like class action lawsuits (or not being sued at all). It helps them predict costs and gives them finality since all those who did not opt out are thus precluded from suing on that matter.

Lesson: just because you signed something, doesn't mean that it's enforceable.
Tristrix's Avatar - Comment posted on 09/26/2011 09:41
Tristrix
@ManWithNoName

Indeed. The risk of hypocrisy is pretty high there, though. Anyone who takes this course of action should probably take the time to peruse the ToS of other services they use. Specifically, they should cancel their Steam accounts and cell phone service. And that's just for starters.
SephirothX's Avatar - Comment posted on 09/26/2011 09:41
SephirothX
Jim's sad because he just lost another reason to rail against Sony.
cloudnune's Avatar - Comment posted on 09/26/2011 09:41
cloudnune
Not to go all legal here, but these are adhesion contracts with such unequal bargaining power that it seems entirely possible that a court will find it to be unconscionable if challenged.

And for the record: large companies like class action lawsuits (or not being sued at all). It helps them predict costs and gives them finality since all those who did not opt out are thus precluded from suing on that matter.

Lesson: just because you signed something, doesn't mean that it's enforceable.
NickCull's Avatar - Comment posted on 09/26/2011 09:42
NickCull
@ManWithNoName

But doesn't awareness need to be spread so that people are informed to not give them money?
Noir Trilby's Avatar - Comment posted on 09/26/2011 09:44
Noir Trilby
Now look at your class action law suit, now back at your class action lawsuit, now back to me!
ManWithNoName's Avatar - Comment posted on 09/26/2011 09:48
ManWithNoName
@NickKull: Yes, I agree. What Jim is doing is raising awareness. He is in a news blog/website and is doing his job. But everyone saying 'EA sucks' and 'Sony must die' and yet buy the products of these companies are the problem. A company likes money and will do anything to get it. They don't care about bad PR if by the end of the fiscal year their profits raised, because everyone complaining bought their products anyway.
shadow2398's Avatar - Comment posted on 09/26/2011 09:48
shadow2398
Look at your games, now look at me, look back at your games. Are your games not as filled with bullshit tos agreements as me? Look at me, I'm flying a dolphin across space, look again, that dolphin is now a foaming unicorn. Look at your games, they are now the same as they always have been. I'm actually a pirate.
amtalx's Avatar - Comment posted on 09/26/2011 09:51
amtalx
@SC:
Class action lawsuits can be important, specifically when the parties in involved don't have the means to defend themselves in court. You remember when Sony battered Lik Sang into bankruptcy by drowning them in legal fees? If that can happen to a company that has considerable liquid assets, what do you think will happen to an average consumer with a family to provide for? Class action lawsuits allow multiple individual suits to be consolidated, saving both money and time. Forcing us to relinquish our class action rights is just EA's way of fending off litigation because a lone consumer isn't likely to have the financial means to stand their ground against EA's stable of corporate lawyers.
Firestorm2117's Avatar - Comment posted on 09/26/2011 09:54
Firestorm2117
I miss the Old Spice guy.

I have nothing else to add to this discussion.
Spaz's Avatar - Comment posted on 09/26/2011 09:54
Spaz
I'm in agreement with Jim here. It desperately seems that EA doesn't want any one on the pc playing BF3, or anything related to Origin for that matter. then again though most people are not gonna even know about this.
padraic93's Avatar - Comment posted on 09/26/2011 09:57
padraic93
I am with CloudNune, I highly doubt this kind of thing would hold up if challenged. That said, the very fact that publishers are even trying this shit is pretty terrifying.
psycho terror2's Avatar - Comment posted on 09/26/2011 10:00
psycho terror2
gamers, look at your terms of service.

look at me.

now back at your terms of service.

sadly, they aren't fair but if you stopped using STEAM, Origin and PSN and switched to board games they could be.

look down, back up, where are you?

you're in a troll post, with the troll your troll could troll like.
Tristrix's Avatar - Comment posted on 09/26/2011 10:01
Tristrix
@Everyone saying this isn't enforceable.

http://edition.cnn.com/2011/09/21/tech/gaming-gadgets/sony-psn-terms/

tl;dr version - It's enforceable.
Cla's Avatar - Comment posted on 09/26/2011 10:05
Cla
Aw c'mon, don't use Old Spice man for this article. Old Spice man is awesome, and this story is not.
NickCull's Avatar - Comment posted on 09/26/2011 10:09
NickCull
@ManWithNoName

Yah, bad PR doesn't mean jack if people are still buying your shit. It really bums me out that EA has Mass Effect 3, because I really want to give BioWare money without having to slip EA my cash.
Jamie Christian's Avatar - Comment posted on 09/26/2011 10:12
Jamie Christian
Well, there goes Battlefield 3. Thanks for saving me 60 dollars, EA.
Jesse7277's Avatar - Comment posted on 09/26/2011 10:16
Jesse7277
@gorescream

Really? Who are "they"? Your somehow above people who play madden? You only play cool games I suppose:)
KilvasKills's Avatar - Comment posted on 09/26/2011 10:27
KilvasKills
This isn't news. Anti law suit clauses are absolutely nothing new.
UltorOscariot's Avatar - Comment posted on 09/26/2011 10:31
UltorOscariot
Meh. Like I needed yet another reason not to reinstall Origin. Keep climbing that wall of dicks, EA.
acetated's Avatar - Comment posted on 09/26/2011 10:36
acetated
EA is...
BoboTheMonkey's Avatar - Comment posted on 09/26/2011 10:39
BoboTheMonkey
The lawsuits are now diamonds!
kidplus's Avatar - Comment posted on 09/26/2011 10:43
kidplus
@ManWithNoName

The problem with that is that every company is doing this now. You can't participate in society without subscribing to restrictive contracts. Cell phones, credit cards and even jobs do stuff like this.
shadow2398's Avatar - Comment posted on 09/26/2011 10:48
shadow2398
@psycho you do realize that steam doesn't withhold your right to sue via class action, right? That is the point of everyone bitching. Not just railing against tos agreements in general.
ManWithNoName's Avatar - Comment posted on 09/26/2011 10:50
ManWithNoName
@kidplus: They do this because people allow it to be done. The convenience of the service/product surpasses the problems, aparently. If the first company who did something like that suffered a loss in sales because of it, the others would not be compelled to do the same.
JetSetRadioForever's Avatar - Comment posted on 09/26/2011 10:51
JetSetRadioForever
This was on Gamestooge 2 days ago.
Tristrix's Avatar - Comment posted on 09/26/2011 10:57
Tristrix
@shadow2398

You're absolutely right. Steam doesn't withhold your right to sue via class action. It withholds your right to legally resolve disputes in any way, shape or form whatsoever, including single-plaintiff suits, class actions, and arbitration. Behold:

EXCLUSIVE REMEDY -- STEAM AND THE SOFTWARE.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VALVE WITH REGARD TO STEAM OR THE SOFTWARE IS TO DISCONTINUE USE OF STEAM AND CANCEL YOUR ACCOUNT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VALVE, ITS LICENSORS, AND THEIR AFFILIATES LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
D-roy's Avatar - Comment posted on 09/26/2011 10:59
D-roy
EA hasn´t published a good game for years.
They are blaming their shitty sales on piracy and second-hand sales.
Origin is spyware. And they forbid class action suits.

Wish I could say they´ll go under.
But there are far too many retards who bend over and take it.
Onionhead's Avatar - Comment posted on 09/26/2011 11:03
Onionhead
Oh, Jim. You hate Origin soooooooo much.
Monodi's Avatar - Comment posted on 09/26/2011 11:06
Monodi
@D-Roy

Playing devil's advocate here: Mirror's Edge, Dead Space, and Mass Effect are not actually terrible games. Far from it.
Abnegation's Avatar - Comment posted on 09/26/2011 11:09
Abnegation
@Sexualchocolate

"You realise all your complaints acheive is to drive Jimbo to find all these ghey headers. Please guys. Just take your sexy lady headers and enjoy them."

Did you just come out of a six year coma?

If seeing Old Spice Guy makes you think about homosexuality, that's only natural. He is the manliest of men and even straight men would bend over for him. If he slept with our wives, we wouldn't be mad, we'd ask if he wanted to do it again.

Old Spice Guy is God....

On a horse...



Backwards.
fetusmilk's Avatar - Comment posted on 09/26/2011 11:14
fetusmilk
time to create a class action lawsuit to fight anti class action law suits.
Time Glitch's Avatar - Comment posted on 09/26/2011 11:19
Time Glitch
FUCKin Hell!

CHANGE OF PLANS. This week's Tuesday Trollings will be about the continued RAPE of the game industry consumer!

Jesus, when did this kind of shit become acceptable?
Tristrix's Avatar - Comment posted on 09/26/2011 11:24
Tristrix
@time glitch

"Jesus, when did this kind of shit become acceptable?"

Years ago. Which is why I'm finding it somewhat odd that we're just getting around to bitching about it recently.
Gwendolyn's Avatar - Comment posted on 09/26/2011 11:44
Gwendolyn
@Time Glitch:
Most people are just unaware that these kind of things are going on. The strategy is usually to little by little allow these kind of things so people don't raise a shitstorm, and by the time it's blown out to ridiculous proportions it's too late for citizens to do anything about it. I know I've said this before, but it's the classic example of the frog not jumping out of a slowly-boiling pot of water.

@Sexualchocolate:
As a woman I have to say: No; I WILL be enjoying all these handsome shirtless male image headings, thank you very much my lad. *sips tea*
cuscohotels7's Avatar - Comment posted on 09/26/2011 11:53
cuscohotels7
Heh, they don't care, the majority of gamers don't even check things like this anyway. So long as their being fed another Madden, they're happy. http://www.hotelprismacusco.com
MuddBstrd's Avatar - Comment posted on 09/26/2011 11:53
MuddBstrd
@Sexualchocolate:

"Can whoever it is that complains about sexy women header images just stop.

You realise all your complaints acheive is to drive Jimbo to find all these ghey headers. Please guys. Just take your sexy lady headers and enjoy them."

All this is serving to do is convince me to bitch about them more, in the hope of even more 'ghey' headers.

Also, learn to spell. I'm not sure if you think changing the spelling has some mystical effect on the word, but all it's really doing is just making you look like an idiot.
JFF's Avatar - Comment posted on 09/26/2011 11:59
JFF
Dudes I don't know about North America, but in my country all ToS have a clause like this but never prevented anyone to sue everybody. You now, the law is the law and it's above any contract.
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