Mandatory PS3 update removes right to join in a class-action lawsuit - Wu-Tang Corp. - Official Site of the Wu-Tang Clan

Rob Swanson · 09-17-2011, 03:24 AM

Mandatory PS3 update removes right to join in a class-action lawsuit

By Ben Kuchera | Published about 18 hours ago
Sony has been hit with a number of class-action lawsuits since the launch of the PlayStation 3, mostly due to the decision to retroactively remove Linux support from the console and losing the data of users due to questionable security practices. Sony has another solution to this problem beyond beefing up security (and it's not retaining the features you paid for): if you accept the next mandatory system update, you sign away your ability to take part in a class-action lawsuit. The only option left for consumers if they agree is binding individual arbitration.
The Examiner caught the fine print in the latest system update, which states:

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 LEGAL 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.

You can opt out of this by sending a letter to Sony, and if you go this route I would suggest you ask for signature upon delivery, track the letter, and keep records. All this will come in handy just in case Sony decides to claim the letter never arrived. Here's what you need to say, and where it needs to go:

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.

There is no way to opt out of this electronically, because it's not in Sony's best interests to give you an easy way to do so. This bit of fine print will go unread by most gamers, which means they'll be signing away their rights to join in class-actions without even realizing what they've done. If you decide not to agree to the new agreement, you simply won't be able to play games online.

http://arstechnica.com/gaming/news/2...on-lawsuit.ars

food for thought · 09-17-2011, 09:49 AM

cocksuckers.

TAURO · 09-17-2011, 09:56 AM

If you were sony, you would do the same thing.

shaolinsword · 09-17-2011, 11:11 AM

I don't see why people are making a big fuss over this, especially when you consider what EA have/had in their user agreement for their Steam rip off

food for thought · 09-17-2011, 01:49 PM

yea i already thought that @ el don

WARPATH · 09-17-2011, 09:49 PM

shady.

Dirty Knowledge · 09-18-2011, 02:03 AM

RAT NIPPLED REBEL · 09-18-2011, 07:22 AM

lols

read about this on thehackernews yesterday.. lol is all i can say..

the southpark episode is class. but more disgusting than the movie its copying off..

food for thought · 09-18-2011, 02:09 PM

Sony sent me an email three days ago

Quote:

The first time you sign in to your PlayStation®Network account on or after September 15, 2011, you will be asked to enter into a new Terms of Service and User Agreement ("TOS") and Privacy Policy with SNEI if you wish to continue using your PlayStation®Network account. Please review all changes to the TOS and Privacy Policy carefully before indicating your agreement. In particular, please review Section 15 of the TOS, which now includes a class action waiver and requires that most disputes be resolved through arbitration.

Rob Swanson · 09-18-2011, 02:16 PM

I actually clicked through the TOS without reading the other day, before i found this news.

I just hope Sony doesnt sew the asshole of a Japanese man to my mouth

shaolinsword · 09-18-2011, 03:55 PM

I'm surprised they pointed it out really

RADIOACTIVE MAN · 09-23-2011, 10:23 AM

Quote:

Originally Posted by El Don

If you were sony, you would do the same thing.

exactly

RAT NIPPLED REBEL · 09-23-2011, 12:42 PM

anyone had problems with PSN the last 24?

shaolinsword · 09-23-2011, 12:57 PM

It was down for a few hours last night (or the night before) if that's what you mean?

RAT NIPPLED REBEL · 09-23-2011, 01:18 PM

Quote:

Originally Posted by shaolinsword

It was down for a few hours last night (or the night before) if that's what you mean?

yep, thats it... but why was it down? anyone know?

09-17-2011, 09:49 AM	#2
food for thought Think about it. Join Date: Jan 2008 Location: Head anointed. Cup runneth over. Age: 26 Posts: 16,231 Rep Power: 90	cocksuckers. __________________ We do it for the people.

09-17-2011, 09:56 AM	#3
TAURO El Don of this shit Join Date: Mar 2006 Location: In the minds of women everywhere Age: 32 Posts: 16,084 Rep Power: 60	If you were sony, you would do the same thing. __________________ "I pledge allegiance to the hip hop" Method Man

09-17-2011, 11:11 AM	#4
shaolinsword Veteran Member Join Date: Aug 2006 Location: Basildon, Essex Posts: 2,654 Rep Power: 13	I don't see why people are making a big fuss over this, especially when you consider what EA have/had in their user agreement for their Steam rip off __________________ Graphic - Grey Skies Last edited by shaolinsword; 09-17-2011 at 11:16 AM.

09-17-2011, 01:49 PM	#5
food for thought Think about it. Join Date: Jan 2008 Location: Head anointed. Cup runneth over. Age: 26 Posts: 16,231 Rep Power: 90	yea i already thought that @ el don __________________ We do it for the people.

09-17-2011, 09:49 PM	#6
WARPATH Dinosaur Hunter Join Date: Jun 2005 Location: Shadowland Age: 32 Posts: 7,150 Blog Entries: 2 Rep Power: 37	shady. __________________

09-18-2011, 02:03 AM	#7
Dirty Knowledge I Already Won Join Date: Feb 2004 Location: Shaolin South Age: 27 Posts: 7,063 Rep Power: 27	__________________

09-18-2011, 07:22 AM	#8
RAT NIPPLED REBEL Yammich maeker Join Date: Jan 2003 Location: I am the key to the world. Age: 35 Posts: 8,202 Rep Power: 63	lols read about this on thehackernews yesterday.. lol is all i can say.. the southpark episode is class. but more disgusting than the movie its copying off.. __________________ my own conscious is beyond universal, there is no seperation only fragments of experience making sense of physical material existence on the path back to the source of all. LulZ KillZ Phear.... http://anonwm.com/ http://www.thepiratenetwork.org/Board/Pirate/index.html #OP ELE......Coming Soon.

09-18-2011, 03:55 PM	#11
shaolinsword Veteran Member Join Date: Aug 2006 Location: Basildon, Essex Posts: 2,654 Rep Power: 13	I'm surprised they pointed it out really __________________ Graphic - Grey Skies

09-23-2011, 12:42 PM	#13
RAT NIPPLED REBEL Yammich maeker Join Date: Jan 2003 Location: I am the key to the world. Age: 35 Posts: 8,202 Rep Power: 63	anyone had problems with PSN the last 24? __________________ my own conscious is beyond universal, there is no seperation only fragments of experience making sense of physical material existence on the path back to the source of all. LulZ KillZ Phear.... http://anonwm.com/ http://www.thepiratenetwork.org/Board/Pirate/index.html #OP ELE......Coming Soon.

09-23-2011, 12:57 PM	#14
shaolinsword Veteran Member Join Date: Aug 2006 Location: Basildon, Essex Posts: 2,654 Rep Power: 13	It was down for a few hours last night (or the night before) if that's what you mean? __________________ Graphic - Grey Skies Last edited by shaolinsword; 09-23-2011 at 01:04 PM.

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