Yep.
The new PlayStation Network Terms of Service clause that basically says that users cannot sue Sony after agreeing to use the service has bit Sony in the ass. They're...being sued.
A California man is suing Sony on behalf of all PS3 owners out there that signed up for access prior to the September TOS change. According to GameSpot, the suit alleges that Sony engaged in unfair business practices by forcing consumers to either give up their rights or not use PSN, even after purchasing the PS3 hardware.
The suit says that Sony buried this no-sue clause in its 21 pages of TOS crap and avoided putting it online, even though they had with other updates in the past. It also said that opting out required snail mail, with no other forms of communication accepted.
Hilarious. So much for preventing class-action lawsuits!
[more laughing corgis here]
Dale North is Destructoid's Editor-In-Chief, a founding editor, and specialist in Japanese gaming. An accomplished musician, Dale was reporting from Japan during the earthquakes of 2011. Luckily, he got the fuck out alive and is home in America now with his wife and beloved corgi, Einstein. Dale is also a co-founder of Destructoid's sister anime site
Japanator. Likes Corgis, Sega Saturn, PSP, iPhone, Photographic tools.
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Contest:
11:30 AM on 12.20.2011 | 
I feel the title and most of this story (except for the last line) is a little misleading; sony's new TOS prevents class action law suits (group sueing). So this guy is well within his rights to sue over it, even within Sony's TOS.
I do not see this cranky ass American winning though, it is a free service. Agree to it and use it, or don't.
"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."
The AT&T case also has to do with if class action lawsuits can be initiated due to state laws. It started because AT&T had to charge a customer $30 in California taxes for a free phone.
For Sony, or any company, to use that as a blanket justification that Class Action lawsuits are illegal is dubious.
Which is why they're all covering their ass.
Because no one reads the damned things. It just goes to show how much power corporations have over the people.
Oh and Apple and AT&T have one such clause too.
Huh? There's an article? Oh, ummm...good for them! Maybe.
http://www.usatoday.com/news/washington/judicial/2011-04-27-supreme-court-class-actions_n.htm
Everybody can look at the AT&T case themselves. It's very clear the Court was not saying Sony, or EA, or Microsoft, could do what it is doing.
Im also tired of all this "its free" shit. Its not like they dont make money out of it and they do it for charity. Plus, I did pay for it when paying my PS3.
If Sony loses here, that will be irrelevant. If it becomes illegal to implement "no sue" clauses, Microsoft, Steam, and everybody else will be required to change.
It will vanish for a half-year, then we'll get a small article stating the case was thrown out.
WHY d0 yu AlWay$ haV a mes$3d up keyboArd? Or are you just trying to sound like a kewl kat?
This same bullshit anti-sue stuff was in the last Xbox update, too. In other words, shut the hell up for once.
That said, the movement against binding arbitration being used in this manner is actually much larger than I think most realize. I watched the senate hearing on it, and the prevailing mentality was, to put it in simplest possible terms, something to the effect of "seriously, we have no fucking clue how something so unbelievably retarded is protected under the law right now, AT&T literally got away with stealing from my constituency".
All these clauses will enable, as they are being utilized here, is the creation of a series of kangaroo courts. It isn't being hidden, there are no conspiracy theories, its almost too fucking comically obvious.
For an "Editor-in-Chief" I'd think you'd check your facts before reporting something.
@Perpetual Struggle
Hmm, must be having fun with that tumbleweed.
Of course they are trying to avoid class action lawsuits, because Class actions are the only type of suit that stands a chance against their nearly limitless legal defense funds. Elsewhere they would just keep people in legal limbo until they run out of money to continue pursuing the case.
Listen, all I'm saying is that I have a few MJOLNIR Mk. V suits laying around from my supergenius engineer days if you want to maybe cause a ruckus. If you're fairly short, I'll cut a little breathing hole into the stomach of it so the person whos shoulders you'd need to sit on doesn't suffocate. Power armor is so much more persuasive than lawsuits.
@DtoidBadMrk
Hahaha, this is the beauty of it! The class action suit is typically used to cover large swaths of wronged people without flooding the courts with potentially millions of identical claims. Now, to null the private contract instating binding arbitration, you would have to prove there is no other recourse for anyone, which is, for all intents and purposes, impossible (this was the ruling in favor of AT&T). So basically, punch one person in the face real hard and they can sue you, but punch everyone in the face and your single case opens up the floodgates the way a class action is designed to avoid, which is why a class action would be the only way to go. Except you can't, because you signed away your right to be part of a class action. The more people you punch, the safer you are.
Also, "...instead opting to take any suits on a case by case basis. Nowhere does it say you can't sue. ". There are no suits. Sony pays for a private arbitrator, which they can fire and replace at any time they please, to make a judgement based on absolutely nothing, without any transparency, and without appellate rights afforded. This arbitrator, who is being paid for by Sony, can pull any number from his/her rectal area without any rhyme or reason, and there is nothing you can do about it. This is, of course, if Sony agrees they did anything wrong in the first place, which they're not obligated to do. If you're entering into arbitration with them, then it is inherent that you can't sue, otherwise you wouldn't be entering into arbitration.
You're in luck, I'm almost freakishly small.
Also, I'm digging this idea. Now all we need to do is train some gorillas to throw large barrels on command, scrounge up a couple of dragons, aliens and zombies, and mass produce my health regen prototype device and we can do this thing up right.