New PSN ToS Likely Not Enforceable in the UK, Says Lawyer

September 16, 2011 -

An interactive entertainment lawyer tells GameIndustry.biz that the new wording in the PlayStation Network terms of service is geared more towards consumers in the United States and is probably not enforceable in the United Kingdom due to existing laws that prevent such contracts.

In case you've forgotten it from yesterday, here's what paragraph 15 of the PSN terms of service states:

"If you have a Dispute with any Sony Entity or any of a Sony Entity's officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the 'Notice of Dispute' clause below.

Other than those matters listed in the Exclusions from Arbitration clause, you and the Sony Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 15, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury."

Sheridans partner and interactive entertainment lawyer Alex Chapman says that - even though consumers loathe it - it makes sense for Sony to do this after all the trouble it had this year.

"Whilst this may not be popular with consumers it is really nothing more than any sensible business would do after it has learned some lessons through what must have been a very difficult experience," Chapman told GamesIndustry.biz in an exclusive statement.

"Sony is clearly balancing the risk of adverse consumer reaction against the risk of facing future class actions," he added. "Time will tell whether consumers care enough about not being able to bring a class action to give up PSN access."

While this might work in the United States the new wording, says Chapman, is likely not enforceable in the UK.

"From a legal point of view there is no certainty that this language will have any effect," Chapman continues. "The applicable law for the kind of disputes that consumers may bring will generally be governed by the country in which the consumer is resident. In the UK it is not unlikely that this would be considered unenforceable under the Unfair Contracts Terms Act. However it is probably not the UK that Sony is worried about but the USA where class actions are more common place and the system can mean that defending those actions can be so time consuming and expensive that it is more cost effective to settle even spurious claims."

Source: GI.biz


Comments

Re: New PSN ToS Likely Not Enforceable in the UK, Says Lawyer

Been hearing from some places that the same might be true in Canada. 

(To be honest, I'm still somewhat flabbergasted that it's now possible in America‚Äč.)

Re: New PSN ToS Likely Not Enforceable in the UK, Says Lawyer

The sad part is I doubt any company will make an open console again. Things might get even harder for the homebrew community on consoles next gen. I definitely would no expect any open system from Microsoft. 

Re: New PSN ToS Likely Not Enforceable in the UK, Says Lawyer

Good for the UK.  This is a pretty low blow by Sony.  The major takeaway for them from this whole hacking thing seems to be that they should do more to cover their own butts.

 
Forgot your password?
Username :
Password :

Poll

How do you feel about Amazon buying Twitch?:

Shout box

You're not permitted to post shouts.
lomdrPretty much, Andrew. And hell, it helps that it is a bit reasonably priced too. $8 for 1, $12 for both at once08/28/2014 - 3:43am
Andrew EisenMP - Probably not and for good reason. That term holds a lot of deserved negative baggage.08/27/2014 - 10:02pm
Uncharted NESApprently there is still a classic mode, but...08/27/2014 - 9:34pm
MaskedPixelanteSo, there's been massive positive reception to the Mario Kart 8 DLC bundle. Somehow, I doubt it would have gotten as much positive buzz if they called it a "Season Pass".08/27/2014 - 9:34pm
Uncharted NEShttp://m.pcgamer.com/2014/08/27/quake-live-makes-newbie-friendly-changes-in-latest-update-people-get-mad/08/27/2014 - 9:19pm
Uncharted NESQuake Live makes newbie-friendly changes in latest update, people get mad.08/27/2014 - 9:19pm
Uncharted NESAnd here's another article about it.08/27/2014 - 9:19pm
Uncharted NEShttp://kotaku.com/id-software-lives-dangerously-decides-to-change-classi-162774804308/27/2014 - 9:16pm
Uncharted NESid Software Lives Dangerously, Decides To Change Classic Quake08/27/2014 - 9:16pm
Matthew WilsonI am flying out to pax tomorrow.08/27/2014 - 9:16pm
MechaTama31Haven't been to GOG in a while. Their website reminds me of the old Zune software now...08/27/2014 - 6:01pm
Andrew EisenAlso, I know it's nitpicking but only ONE of the 21 movies on offer goes for $15. Four more are $10 and the rest are $6. But right now, all of them are $6 (except for two that are free).08/27/2014 - 3:22pm
E. Zachary KnightMasked, What are you talking about? I guess you never buy DVDs either?08/27/2014 - 3:21pm
Andrew EisenNot if they've hired more people.08/27/2014 - 3:13pm
MaskedPixelantePlus, now that they're negotiating movies, that's LESS manpower to negotiate true, pre-2000, non-console-port classics.08/27/2014 - 3:08pm
MaskedPixelanteNo rewatch value, once you've seen it there's no reason to rewatch it, and it's 15 bucks down the drain.08/27/2014 - 3:06pm
E. Zachary KnightIndie movies are a great start. They need a great distribution system too.08/27/2014 - 3:04pm
Andrew EisenEven if that were true, so what?08/27/2014 - 3:01pm
MaskedPixelanteYou do realize that there are going to be NO Hollywood movies on this service, right? It's all going to be indie documentaries and stuff like that.08/27/2014 - 2:56pm
Andrew EisenI think it's an awesome next step for GOG and completely fail to see why anyone finds it problematic or improper.08/27/2014 - 2:51pm
 

Be Heard - Contact Your Politician