Sony Adds Mandatory Arbitration Clause to PSN ToS

September 15, 2011 -

If you are a member of Sony's PlayStation Network, chances are you were greeted with an email from the company this morning telling you that that the terms of service for the network are about to change. The big change, in case you haven't received that email yet, relates to your ability to sue them. From section 15 comes this wonderful new clause:

"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."

In laymen's terms, it means that if you feel the need to sue Sony or any of its associated companies that work in concert with PSN, you'll have to go through what's commonly referred to as "mandatory arbitration." You agree to mandatory arbitration on an individual basis when you log onto the network, the new ToS asserts.

Basically you agree to go before a third party if you have a dispute with Sony. Generally these third parties are hired from companies that specialize in corporate arbitration and - most of the time - side with the company that used their services because they want the repeat business. Also, these third parties are not bound to follow the law.

Lovely. You can read the new terms of service here (PDF). The good news for consumers, if there is any at all, is that if you sued prior to August 20, 2011 this change in the ToS has no affect on that action.

As an aside, if you haven't watched the documentary, Hot Coffee, you should because it explains how corporations like Sony have turned "frivolous lawsuits" into a buzzword to mean greedy consumers who want to sue for the dumbest of things.. like getting burned by a cup of hot coffee from McDonald's. We have all heard that story before but when you see the elderly women who filed the lawsuit and how badly it burned her, it shows you that corporations have fooled society into thinking anyone that sues is just out to make a quick buck off of minor complaints. You can watch the trailer to your left.


Comments

Re: Sony Adds Mandatory Arbitration Clause to PSN ToS

Japan why?

Re: Sony Adds Mandatory Arbitration Clause to PSN ToS

I just saw the documentary: it was gut-wrenching.

There is no such thing as a successful frivolous lawsuit.

Living in Canada is awesome. We enjoy the universal healthcare and gun-free environment of a European country while getting all of our games released at the same time as the US.

Re: Sony Adds Mandatory Arbitration Clause to PSN ToS

Technically, you can not sign away any of your rights.  (Unless, of course, you join the military.  Then you sign away certain rights to protect the rights of others.)  However you can be legally held to accept arbitration.

Funny thing, tho, is the article does not state that you can decline the arbitration clause.  I've read the update changes and included in Section #15 is a clause that tells you how to decline arbitration.  You must do it in writing & within 30 days of accepting the changes online.

 


Ruger is coming out with a new and intimidating pistol in honor of Senators and Congressmen.  It will be named "The Politician."  It doesn't work and you can't fire it!

Re: Sony Adds Mandatory Arbitration Clause to PSN ToS

Typical: sign away your rights with a click, jump through hoops to keep them.

Re: Sony Adds Mandatory Arbitration Clause to PSN ToS

See, the fun thing is ToS have no power to break the law. So if something is illegal, legal, a right, etc., it'll stay so. However, the not so fun thing is that many people fall for it and think that whatever is in a ToS actually binds them :(

Re: Sony Adds Mandatory Arbitration Clause to PSN ToS

Is this even enforceable?  We need to hear from that one lawyer that used to do commentaries on videogame-related law.

Re: Sony Adds Mandatory Arbitration Clause to PSN ToS

Generally, arbitration clauses are enforceable as long as the conflict stays within certain bounds, so the answer is 'usually, but not universally'.

Re: Sony Adds Mandatory Arbitration Clause to PSN ToS

I wonder if there's going to be a class action lawsuit over this.

 

Andrew Eisen

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
E. Zachary KnightConster, I think that might be a little uncalled for.05/04/2015 - 10:20am
MattsworknameConster, I vet what your saying, but lets not bring up Baltimore, that place had a very bad week.05/03/2015 - 5:48pm
MattsworknameFair enough Infophile, regardless of my own issues with the gaming industry and press, im just sorta tired of the whole GG thing as it is. it just seems pointless now you know?05/03/2015 - 5:46pm
ConsterThe trolls hiding behind GG may be too busy pretending to be looters in Baltimore right now.05/03/2015 - 3:32pm
InfophileWhich is to say, GG isn't people writing articles about GG; it's the swarm of people lashing out. That's still going on, even if not as many articles are being written about it05/03/2015 - 7:32am
InfophileIt's not about the articles, but about the people receiving threats. Found an article from just last week which says Zoe Quinn is still receiving daily threats: http://www.bostonmagazine.com/news/article/2015/04/28/gamergate/05/03/2015 - 7:31am
Mattsworknameup hating the game industry on a more general level .05/03/2015 - 7:25am
MattsworknameIts funny, you know what i just realized, I love video games, and I hate the industry that has been forged around them. I hate the big name publishers, the press, all that jazz. But I still love gaming. that kinda sucks that I love games and still wind05/03/2015 - 7:25am
MattsworknameIt's like teh whole thing just went quiet.05/03/2015 - 6:28am
MattsworknameInfophile, I haven't really seen much activity either way, other then a few minor articles here or there, its like GG just sorta went dormant. I dont deny that I have some concerns with gaming press and industry, but I followed GG the last few months05/03/2015 - 6:28am
Infophile@Mattsworkname: It's more of a case that many media outlets have lost interest in their usual actions. "GamerGate still viciously harassing Zoe Quinn" isn't exactly news. Even if they are. *puts on sea lion hunting gear* Come at me, GG! I dare ya!05/03/2015 - 4:40am
MattsworknameAs much a I have some of the same concerns GG supposibly crusades against, i was really under the impression GG had sorta gone into dormantcy , it had been kinda quiet the last feww months05/02/2015 - 7:42pm
Matthew Wilsonhttps://www.youtube.com/watch?v=3bxcc3SM_KA if you guys haven't seen it, john oliver goes after patent trolls.05/02/2015 - 6:50pm
Matthew Wilsonwhile I dont like the guests, who ever did this is stupid. I can understand not liking GG, but come on.05/02/2015 - 6:17pm
Wonderkarpwell how about that shi.....poop05/02/2015 - 6:07pm
Andrew EisenKotaku caught it. Ran the story an hour ago. http://kotaku.com/gamergate-meetup-evacuated-after-apparent-threat-170176164505/02/2015 - 5:36pm
Wonderkarpevent was treading pretty hardcore on twitter last night. course thats just twitter. I'll agree with you if it does get reported05/02/2015 - 5:25pm
Andrew EisenAwkward wording on my part but "event" was referring to the bomb threat. It's silly to chastise mainstream press for not covering something that happened a mere 12 hours earlier, well after close of business on Friday, at a gathering very few knew about.05/02/2015 - 5:14pm
Wonderkarpthey arent "uppity" over the event not being covered. they are uppity over the harassment/bombthreats not being reported.05/02/2015 - 5:09pm
Andrew EisenWe've known that for quite a while now but I agree, completely cutting the feature is not a good move.05/02/2015 - 3:49pm
 

Be Heard - Contact Your Politician