New Sony PSN ToS: Class Action Waiver Included 378
rwven writes "Yesterday Sony sent an email to PlayStation Network members regarding a change in the Terms of Service for PSN. When agreeing to this new terms of service, you must waive your rights to a class action suit against Sony. I, for one, will not be agreeing to any such thing. You can view section 15 of the new ToS here (PDF)."
Time to go for a class action suit. (Score:5, Insightful)
Time to go for a class action lawsuit for trying to make us waive our right to a class action lawsuit. Sony can burn in hell.
Re:Time to go for a class action suit. (Score:5, Insightful)
All it takes is one good judge to declare that crap unconscionable and unenforcable. ESPECIALLY since it's blatantly a try to protect their asses after setting off multiple class-action suits that are already on the books in which the only possible outcome is Sony getting their asses handed to them in court.
Re:so let me get this right... (Score:5, Insightful)
Re:Cool story, bro (Score:4, Insightful)
The fact that you can agree to it by clicking a button, but waiving it involves letters and stamps and writing is very telling.
Obviously this is on purpose. They could very easily have an extra button (or website somewhere) to opt out, but by requiring users to mail in a letter... they are banking on the fact that most people won't bother (and they are probably right).
Re:Time to go for a class action suit. (Score:5, Insightful)
Where are you going to find a good judge?
Re:so let me get this right... (Score:5, Insightful)
Of course you can. If you hire enough lawyers almost anything is legal. Notice how no one at Sony has gone to jail for hacking thousands of computers with their rootkit. However, if I just hacked one Sony computer, what do you expect would happen?
The US government plainly does not care about the law, or its citizens. All they care about is pleasing powerful corporations and well connected individuals.
Re:so let me get this right... (Score:4, Insightful)
Sadly, I don't think there's enough established case-law and precedent to make that a guaranteed thing.
For example, SCOTUS has ruled [wsj.com] that they can force you to arbitration ... so as long as SCOTUS figures the rights of companies trump yours, I fear what you say might not be true.
Re:You have the ability to opt out (Score:4, Insightful)
The problem is, if only say 2% of the people that click Agree actually send that mail, (and that'd be a very optimistic number) then those 2% are the only ones that can engage in a class action suit. And with such small numbers, getting class status will be impossible. And Sony knows this. So there's no point to it, sending that letter is a waste of time unless you are trying to opt out of arbitration instead of class action, and intend to hire a lawyer.
Re:South Park "CentiPad" anyone? (Score:4, Insightful)
So? Fuck the class action suit. (Score:4, Insightful)
You'll get more money (and they'll lose more) in small claims court.