New PSN service agreement requires Sony permission for class action

[TLSS_N]

New Terms Of Service for Sony's PlayStation Network make it
nearly impossible for their customers to sue over any future data breaches.
​

The TOS changes were rolled out as part of a consolidation of Sony online services into Sony Online Services. The new terms affect both PSN and Sony Entertainment Network customers.

The TOS sets out a dispute resolution process designed to make it as difficult as possible for Sony to be sued by users of their online services:

"If you have a Dispute with any Sony Entity or any of a Sony Entity’s officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below. Other than those matters listed in the Exclusions from Arbitration clause, you and the Sony Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 15, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury."

A "Dispute," as defined in the new TOS covers all disagreements, "whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory."

The most controversial new language requires Sony to approve their customers' participation in class action lawsuits.

You read that right. If you want to join a class action lawsuit, you must first get permission from Sony during the arbitration process:

"ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE SONY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION."

Hidden in the arbitration clause (Section 15), there are instructions for opting out of the arbitration requirements, but you have only 30 days from agreeing to the TOS to do so and you must notify, Sony in writing:

"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, 10TH FLOOR, 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. "

Read the entire TOS document below:
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source

TOS

 

[Ace]

I would suppose that the new TOS is just to cover the rise in piracy of PS3 titles.


I wouldn't be too scared.

Nor angry, for that matter.

 

[emigre]

Dear Sony,

Can I sue you plse?

Love

emigre

xx

 

[shakirmoledina]

they do say that the biggest fear currently is the rise of hacking.
no one can be assured of being safe especially if ur on a black list.

if u wanna play psn, u gotta agree to everything and that's well, the price of paid games.

 

[Thesolcity]

Spoiler

 

[Giga_Gaia]

I find it funny Sony think their TOS actually mean anything. No offence, they're completely worthless and doesn't serve any purpose except having us press an extra button.

You don't make the law Sony, in fact you can't even use your worthless TOS in court.

 

[raulpica]

I find it funny Sony think their TOS actually mean anything. No offence, they're completely worthless and doesn't serve any purpose except having us press an extra button.

You don't make the law Sony, in fact you can't even use your worthless TOS in court.

Are you kidding? The TOS is binding you by law. Whenever you press that little "Accept" button, you're in their complete and utter control.

If they're gonna say "With this TOS we're gonna steal all your money from your bank account" and you press "Accept", you're legally entitling them to rob you, and you wouldn't even be able to do a thing against it!

This new TOS disgusts me. No serious company should ever resort to this. I'm so proud of not having used PSN on my PS3 since ages.

 

[prowler]

It's OK Sony, I wasn't going to sue you anyway.

 

[retKHAAAN]

Likely them grasping at straws since their insurer doesn't want to cover the losses from the cyber attacks.

 

[Maz7006]

appeared on all my US accounts

Nothing with UK and UAE accounts

 

[Hop2089]

This move is illegal and is only for US accounts, my JP account doesn't have it.

 

[Rydian]

I find it funny Sony think their TOS actually mean anything. No offence, they're completely worthless and doesn't serve any purpose except having us press an extra button.

You don't make the law Sony, in fact you can't even use your worthless TOS in court.

You're thinking of an EULA.

This is a TOS, so while it's not above the law (and it's to be seen if this will fly or not), it is a legal agreement and can restrict things that are not inherently granted to you (I have no clue on if class-action suits can be limited like this).

 

[chrisrlink]

watch sony be sued by someone who didn't agree on the TOS about this TOS change

 

[J-Machine]

Looks like my PS3 is going to become a dedicated blu-ray player as soon as I beat my backlog of games. To the XBOX!

 

[stinkoman]

Fuck this. Have they hacked the PS3's latest firmware yet? I'm ready to sacrifice PSN, because this is bullshit. I refuse to be refused the right to sue negligent imbeciles.

 

[FluffyLunamoth]

And again, because people are too busy thinking about playing online instead of defending themselves against shit like this.

 

[FireGrey]

Umm can't they be sued over this?

 

[Qtis]

Umm can't they be sued over this?

Yes and no. As Raulpica and Rydian already said, this isn't the EULA and thus you have to accept it. TOS is something that gives the company at least some kind of legal position in case of shit happens -situations. On the other hand, this is on the thin line which could be made into something illegal. Go figure, I don't know the US legislation well enough to say anything for sure, but in quite a few other countries this could be deemed illegal..


-Qtis

 

[rdurbin]

you dont have to agree to the new rule, if says in the TOS you can write a letter to them within 30 days of accepting new terms that new rule will not apply to you and you can still use psn, apparently

 

[ferofax]

you dont have to agree to the new rule, if says in the TOS you can write a letter to them within 30 days of accepting new terms that new rule will not apply to you and you can still use psn, apparently

And i wonder how many people will actually go through the hassle of mailing Sony. I suppose for the most part, it would be those that got hit with the previous leak fiasco.