When is the last time that anyone read a terms of service? I know I haven't, just clicking through the pages assuming that it's all legal mumbo jumbo that I wouldn't understand anyway.
For those who don't want to follow the link, it's Sony's update to their TOS that you will need to agree to before you play, as of September 15, 2011.
"NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION
AND CLASS ACTION WAIVER PROVISION IN SECTION 15 THAT AFFECTS YOUR
RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY “DISPUTE”
(AS DEFINED BELOW) BETWEEN YOU AND SNEI, SONY COMPUTER
ENTERTAINMENT INC., SONY COMPUTER ENTERTAINMENT AMERICA LLC,
THEIR AFFILIATES, PARENTS OR SUBSIDIARIES (ALL ENTITIES
COLLECTIVELY REFERRED TO BELOW AS “SONY ENTITIES”). YOU HAVE A
RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION
WAIVER PROVISIONS AS FURTHER DESCRIBED IN SECTION 15."
Section 15 goes on to let the user know that if they choose to opt out of this portion of the TOS, that they have 30 days to send a notice, in writing, to Sony letting them know. While I'm glad that they are providing an alternative to FORCING someone into this, I think this is a shady move. Most people aren't going to read the TOS. Of those that do, who is going to go through all the effort to mail in a letter. How many parents will just breeze over this for their kids? Etc.
For the record, the word "Sony" could be replaced with any company. I think this is lame and really underhanded. The intrusion Sony incurred was unfortunate and devastating. Their delayed response raised more than one public eyebrow. Now they are integrating a way out of a potential class action lawsuit in their own innocent terms of service.
The real funny thing to me, is that I feel like I need to update my PS3 all the freaking time. I've flipped through so many legal pages that I'm beginning to think I should get a trophy for it, because it may as well be it's own game. I would be just as bothered by this sort of a move with any other company, I just think the inclusion of this "waiving agreement" into Sony's TOS is particularly ironic.
