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New PlayStation Network Terms of Service Include a No Suing Sony Clause

Momo

Banned
ULTROS! said:
I know a few though:

Man sues McDonalds because coffee was too hot.
Parents can sue the school for requiring students to go to school even if the day is too hot. (not sure about this, friend just told me)
Old lady sues microwave company because there were no instructions that you can't use the microwave to dry up your cat.
I can top this:

Patent lawsuits involving smart phone makers.
 

Ledsen

Member
antonz said:
US Supreme court did just rule that people have no right to class action suits etc and must go through arbitration. So sony wasted no time following that ruling.
America, fuck yeah?
 

Seik

Banned
OK guys I'll show you something I keeped at my job, because of all the fail this thing represents.

This paper is found in some hard cases we use to ship our products.

Be prepared:
7XZQf.jpg


Really? Does this REALLY mean someone tried to put his baby in a case, sued the company, and WON? XD
 

Rflagg

Member
99% sue I will never want/need to sue Sony, Microsoft, or Nintendo so accepted.
12 page or more thread incoming.
 

jorma

is now taking requests
ULTROS! said:
I know a few though:

Man sues McDonalds because coffee was too hot.
Parents can sue the school for requiring students to go to school even if the day is too hot. (not sure about this, friend just told me)
Old lady sues microwave company because there were no instructions that you can't use the microwave to dry up your cat.

1: It was a woman. She won. Because she really had a case, and the lawsuit was not stupid.
http://www.lectlaw.com/files/cur78.htm
2: Let us know when you are sure. But judging by your other examples...
3: Urban legend. http://www.snopes.com/horrors/techno/microwavedpet.asp
 
antonz said:
US Supreme court did just rule that people have no right to class action suits etc and must go through arbitration. So sony wasted no time following that ruling.

Well that's just... fucking horrible. Way to go Supreme Court.
 

antonz

Member
Kulock said:
Well that's just... fucking horrible. Way to go Supreme Court.

Sad thing is the thread in the ot on the first page within first few comments someone joked that Sony would love the ruling. Same day Sony updates EULA.
 

Zen

Banned
Haha, bravo Sony (seriously). I honestly mean this in a way that isn't condescending when I say that adding a clause that say's 'don't sue me bro' is really cute. I imagine then, as a company, whimpering in a corner asking why everyone keeps hitting them.
 

ULTROS!

People seem to like me because I am polite and I am rarely late. I like to eat ice cream and I really enjoy a nice pair of slacks.
jorma said:
1: It was a woman. She won. Because she really had a case, and the lawsuit was not stupid.
http://www.lectlaw.com/files/cur78.htm
2: Let us know when you are sure. But judging by your other examples...
3: Urban legend. http://www.snopes.com/horrors/techno/microwavedpet.asp

Glad to know the 1st one's real story, and the 3rd one being a myth.

I don't really look into the lawsuits thing (I belong into a forgive-and-forget culture), so I apologize for any wrong assumptions, etc.
 
graywolf323 said:
nope she was stupid

Read the case, she was not stupid. McDonalds was at fault here. I do not agree with the amount of compensation ordered (-20% for 20% fault LOL), but she had a case.
 

obonicus

Member
This might be new for video games (I thought I had seen something like this before) but arbitration clauses aren't exactly new.
http://en.wikipedia.org/wiki/Arbitration_clause

In the United States, the federal government has expressed a policy of support of arbitration clauses, because they reduce the burden on court systems to resolve disputes. This support is found in the Federal Arbitration Act, which permits compulsory and binding arbitration, under which parties give up the right to appeal an arbitrator's decision to a court. In Prima Paint Corp. v. Flood & Conklin Mfg. Co., the U.S. Supreme Court established the "separability principle", under which enforceability of a contract must be challenged in arbitration before any court action, unless the arbitration clause itself has been challenged.

It then mentions a case from 2000, so these things have been around at least a decade.
 

miserable

Member
antonz said:
US Supreme court did just rule that people have no right to class action suits etc and must go through arbitration. So sony wasted no time following that ruling.

That's it, i'm moving to Canada.

I don't live in the USA
 

graywolf323

Member
Castor Krieg said:
Read the case, she was not stupid. McDonalds was at fault here. I do not agree with the amount of compensation ordered (-20% for 20% fault LOL), but she had a case.

she opened a cup of hot coffee in a moving car and put it in her lap, that's stupid regardless of how hot the coffee is

even now with McDonalds keeping their coffee cooler that's gonna hurt
 

AMUSIX

Member
graywolf323 said:
she opened a cup of hot coffee in a moving car and put it in her lap, that's stupid regardless of how hot the coffee is

even now with McDonalds keeping their coffee cooler that's gonna hurt
There's a difference between 'it will hurt' and 'it will give you blistering burns'.
 
is the story of the woman who tried to sneak away from a bar/pub without paying by exiting from the toilet window, fell and crushed her teeth, making the owner pay the full reconstruction of the teeth and also a compensation real?

I mean, you can build a case because if the place was on fire maybe one would burn before exiting through the toilets... but the case is that she was trying to get away.

I dont understand why anyone would consider it safe to drive one-handed while taking care of the coffee, when even if it wasn't as hot as it was, it would have still caused a problem if it was at the normal coffee heat.
---

Or that case about the woman who found a chicken head shaped mcnugget, didnt even bite it, and asked for a million dollars or something like that. hell, if I found i'd be like... hell yeah, now I know it's actually chicken!
 
Hmm... if that clause is in regards to suing them over PSN.. sure. It's their service. Don't like it? Don't use it, but other parts of Sony? I don't agree with it. For example some bad shit has happened with other companies in terms of warranty issues or customer service. Though, since it's an "End User License Agreement" when signing into PSN.. I'll assume it's just for PSN.

AMUSIX said:
There's a difference between 'it will hurt' and 'it will give you blistering burns'.

Even at 140 degrees (the temp that home coffee is brewed at) you WILL get blistering burns. PVC pipes and polycomposite materials used for tubs are rated for 140 degree water, which is the highest a water heater can heat water. That said, that water is INSIDE the heater, meaning once it leaves the heater it cools down. Any hotter, and that water will burn you instantly.

I worked at Dunkin' Donuts for a year and they always brewed their coffee at a toasty 199 degrees (no joke). Not only does that allow a better flavor in the brew, but it allows a quicker brew. Those are two things that are huge in customer service. Quality and speed. Don't like it too hot? Don't bitch or ask for a few cubes of ice.

People just sue just to fucking sue and it pisses me off. Sure companies have their bullshit sometimes, but others business turn to utter shit because instead of giving people what they want, they make sure their fucking hardest that they can't get sued.
 

Noshino

Member
kpop100 said:
Are they gearing up to remove more PS3 features or something?

why? has geo been messing with anything lately?

Castor Krieg said:
Read the case, she was not stupid. McDonalds was at fault here. I do not agree with the amount of compensation ordered (-20% for 20% fault LOL), but she had a case.

While I think that McDonald's should've lowered the temperature (which people would be pissed about since most tend to love hot coffee, I don't really care since I don't like hot coffee), I still believe the lady was stupid.

She put the cup in between her legs ffs, anyone with common sense would not do that:

-Hot liquid inside (unless she was expecting it to be cold(er)? which would make her even more stupid given that she had just ordered it
-She took the lid off a styrofoam cup, which is the part of the cup that helps it hold its shape. Combine that with the "putting between her legs" and most of the times you will spill the contents of the cup
-Why didn't she use the cup holder on her car? even when my car is parked, I dont put drinks in between my legs regardless of whether the drink is hot or cold, even when Im using a solid cup!
 
Picked up from several places, including Gamasutra, Slashdot...

The newest revision of the PlayStation Network Terms of Service include a clause that basically removes the right to participate in a class action lawsuit against Sony. The exact wording of the clause:

Class Action Waiver. 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. THIS
PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A
CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011

The full document can be read here. There is an option to waive participation in the anti-class action lawsuit clause but it requires the user to physically mail Sony a letter within 30 days of accepting the new terms.

Shockingly, this apparently has precedent in the form of a Supreme Court of the US decision.
 
After I was unable to login to Netflix today, I noticed the TOS had changed and I had to re-accept it before I could do anything on PSN.
 

Effect

Member
The Albatross said:
These sorts of agreements never hold up in court if the class has a legitimate gripe.

This. Was wondering about that. I thought it was understood just because companies come up with these disclaimers doesn't mean they'll hold up in court when the time comes. If something as bad as the PSN situation happens again I doubt any judge would dismiss a lawsuit simply because Sony points at this section of their ToS. Wouldn't they be laughed at and then told when to show up in court?
 

Mithos

Member
Para bailar La Bomba said:
Excellent news. That should clear out about 30,000 frivolous lawsuits a year.
What does frivolity mean?
Yes it's a Uncharted 2 quote. (I just HAD too)
 
_dementia said:
Oops, totally missed that when scanning existing threads to see if this had been mentioned. I don't think the danger of this clause can be understated though (but again, I'm no lawyer).

Effect said:
This. Was wondering about that. I thought it was understood just because companies come up with these disclaimers doesn't mean they'll hold up in court when the time comes. If something as bad as the PSN situation happens again I doubt any judge would dismiss a lawsuit simply because Sony points at this section of their ToS. Wouldn't they be laughed at and then told when to show up in court?
That's exactly what I thought, but then a friend linked me the Supreme Court decision I linked in the OP. Apparently common sense is absent 5/9 times up there these days.
 

Jonm1010

Banned
This sort of shit irks me to no end.

Arbitration courts, the dampening of constitutional rights to the civil courts etc. etc.

This is why it is so important to pay attention to who you vote for and who they intend on electing to the supreme court. In the last couple of years, thanks to an ultra conservative majority court, we have had an all out assault on consumer and individual rights in favor of corporate dominance and an upholding of laws that continue to exacerbate the problems.
 
JABEE said:
Meaning there is no chance in hell you can sue them anymore and getting to the point of arbitration is unfeasible with the amount of money you're be winning in the case.

At least in Europe that ToS will be thrown out the window in every court.
 
To be fair almost all agreements have a "you must use arbitration for disputes", the fact Sony did not before is surprising to me.

That comes off a bit "Sony defense force"... I don't agree with how arbitration works and it clearly makes it easier for big companies to avoid lawsuits, just saying it seems to be the standard sadly.
 

Coxy

Member
I'm not a legal expert but I do know this has become pretty standard ever since a court ruling sided with AT&T on it
 

distrbnce

Banned
I had no desire to sue Sony after the information breech... I can't imagine what they could do that would 'cause me to want to...

But either way, having fun on PSN is more important to me than weird fear. Live your life, people.
 

Mudkips

Banned
The Albatross said:
These sorts of agreements never hold up in court if the class has a legitimate gripe.

Wrong.
Supreme Court said "fuck you" to the rights of you and your state back in April.
 
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