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.
Big PermIt's a link to a game where you're a naked child around a bunch of naked dudes. Indies must be stopped08/03/2015 - 11:17am
Andrew EisenAs always folks, please give some indication of what you're linking to as well as who.08/03/2015 - 11:15am
NatirIf someone linked this, sorry. I kind of laughed and I figured some may get a kick out of this... Really weird and creepy though. http://store.steampowered.com/app/359050/08/03/2015 - 11:12am
Matthew Wilsonhttp://www.ign.com/articles/2015/08/03/new-article-about-konami-suggests-grim-situation-at-company well hopefully they will get out of game development after mgs508/03/2015 - 11:05am
IvresseSeriously IronPatriot, you're worse than a Daily Mail reader.08/03/2015 - 10:51am
Ivresse@IronPatriot: Will you stop lumping TotalBiscuit into this whole Gamergate issue, it's lying numpties like you who make up your own bullshit to justify your hatred to begin with that screw the internet up in the first place...08/03/2015 - 10:49am
ZippyDSMleeMost social justice is great but some of it is so stupid it taints the whole thing into triple negatives. A shame most of the gamergate stuff is bad...the core ideals are not bad it just jumped the shark and the n ut cases came out of the wood work..08/03/2015 - 10:07am
ZippyDSMleeJim dives into the red ash controversy , http://www.thejimquisition.com/2015/08/1876/08/03/2015 - 10:03am
IronPatriotSeriously people, do not believe crap spread by those who think "social justice" is an insult or that its a good idea to join a movement created for harassment. Like your gamergate hero TotalBiscuit.08/03/2015 - 9:32am
IvresseSeriously people, do not believe the shit that the internet spreads about anyone, especially with the whole gamergate SJW crap colouring the issue to the point of stupidity08/03/2015 - 9:14am
Ivresse@Big Perm: Only to the morons that inhabit the internet. Also his wife is damn awesome, I bumped into her when I had to catch my train before TB's meet and sign session, she ran to find TB, got him to sign my mousemat, then ran back to give it to me.08/03/2015 - 9:13am
MechaTama31I dunno. I'd rather see new characters than see, for example, someone other than Bill Murray try to be Venkman.08/03/2015 - 9:10am
Big Perm@ Ivresse. Is true that TB eats puppies?08/03/2015 - 9:01am
MattsworknamePS: hudson played winston zedimore08/03/2015 - 7:24am
Mattsworknameinfo: the orignoal cast wasn't part of Star trek, but the charecters in the movie were the same charecters. Ghostbusters with out stance, ego, venkman, and Earnie hudsons charecter, whose name I forget for some reason , feels wrong to me08/03/2015 - 7:23am
PHX Corphttp://www.nintendolife.com/news/2015/08/scathing_nikkei_report_hints_at_shameful_treatment_of_staff_by_dictatorial_konami_management Scathing Nikkei Report Hints At Shameful Treatment Of Staff By Dictatorial Konami Management08/03/2015 - 7:15am
IvresseJust finished with Coxcon 2015 last night (convention in the UK organised by Youtube Jesse Cox). Was a damn good weekend meeting Jesse, Totalbiscuit, Dodger etc. and getting to ask them questions and stuff.08/03/2015 - 6:15am
InfophileReference for my comment earlier about Dan Aykroyd in the new Ghostbusters: http://www.theguardian.com/film/2015/jul/15/ghostbusters-call-dan-aykroyd-for-cameo08/03/2015 - 6:00am
benohawkI hope the new ghostbusters is good regardless, but I also expect it to have to surpass the orignal for people to acknowledge that.08/03/2015 - 1:37am
benohawkMecha, those changes are also some of the bigger complaints I've heard about the Abrams Star Trek movie.08/03/2015 - 1:35am
 

Be Heard - Contact Your Politician