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.
It just sucks all around for them.
ReplyDelete-They got hacked.
-Their Network was down for 20 days or however long.
-They had a delayed reaction to the problem.
-People were crappy enough to sue them.
-Now they look bad for implementing this waiver.
I don't know what else I can say or what else they can do.
Sorry for the rant: I am an attorney - or at least play one on TV, and I can guarantee you, this is not the first arbitration agreement that you have signed (credit cards, cell phones, cable, satellite, bank, airline, pretty much anything you purchase a ticket to, any major website, and the list goes on...).
ReplyDeleteI don't say this to excuse Sony. Unlike Lead Salad, I think there are solutions to this issue other than removing one's constitutional right to a trial. This looks bad because it is bad. I don't think anyone is "crappy" to sue a company that allows their customer's private financial information to get taken.
If someone hurts someone else, you only have 3 entities that can make it right again: 1) the injured can pay for the loss; 2) the wrong-doer can make it right; or 3) we can all spread the loss and pay for the wrong-doer's deeds together (via gov't, loss of consumer protection, etc...). I prefer the wrong-doer pay.
That said, up until this point I felt Sony made right - free credit protection for a year, free online games - simple things that cost Sony a minimum and generated a little good will. This, on the other hand...
This is an all-time low. I read about this hours after actually agreeing to the TOS I was forced to agree upon before signing back into PSN. As one that deals on a semi-regular basis with the wireless industry and their TOS, I can say that I haven't experienced anything like this. Capt. I would ask if there is a loophole to this or if it can actually hold up in court.
ReplyDeleteSony has provided all 75 million and counting members of PSN a clear way to maintain their existing rights. However, by asking everyone to agree to ditching those rights in order to continue using PSN and asking them to mail a letter to keep them, they've ensured most (see "all") will have given them away.
ReplyDeleteTemplate for recovering your rights that Sony made you sign away.
Now, how many people are going to actually do this?
As for your second question, most arbitration agreements are looked at with a scrutinizing eye. Still, better lawyers than I wrote this for Sony, so what do I know.