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.

 
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Neo_DrKefkaI was called a traitor for speaking out on harassment and I was put on a list for people on twitter to mass report me. Only GamerGate site that has come out of this that has been reputable would be TechRaptor. 2/210/25/2014 - 7:09pm
Neo_DrKefka@Neeneko The reason why I ended my support of #GamerGate was the fact KingofPol (The guy who was sent the knife) ended up saying crap about those with autism. At this point I confronted the community and some big wig writers on the #GamerGate side. 1/210/25/2014 - 7:08pm
NeenekoIt would also mean they have to confront that the sites already mostly cater to them and wiping that small percentage of otherness just does not justify new sites.10/25/2014 - 6:55pm
Neeneko@ quiknkold - problem is it has never been about freedom, it is about dominance, ownership, and priviliage. women and minorities should be the ones leaving and creating their own spaces, not them!10/25/2014 - 6:54pm
Neo_DrKefka@Mecha I hear you about KingofPol this is a guy who is using GamerGate to boost his career. Most of his streams are crap about him talking about him being drunk. What happened to him was wrong but it doesn't change the fact he has instigated much of this10/25/2014 - 5:40pm
Craig R.And I'll be perfectly happy in never seeing the phrase 'false flag' ever again, as it is one of the worst notions to ever come out of the camp of the tinfoil brigade that is already completely overused.10/25/2014 - 3:50pm
Craig R.Gone for a week and come back to find GG didn't go away at all. Dammit.10/25/2014 - 3:48pm
Matthew Wilsonif they were serious, they would go to youtube. most youtube game reviewers tend to revew games as product, and tend leave social issues out of it.10/25/2014 - 1:42pm
quiknkoldif the gamergaters were serious, they'd realize that Kotaku and Polygon arent the only games in town, and that with the freedom of the internet, they could create their own websites and achieve the goals they are trying to achieve without arguement.10/25/2014 - 1:35pm
james_fudgehe should have called the police.10/25/2014 - 1:20pm
TechnogeekAt least my statement still holds if it does turn out to be a false flag.10/25/2014 - 1:03pm
NeenekoThough I admit, since doxxing and false flag where heavily used tactics of the GG supporters, while they are not historical tactics used by detractors, I am skeptical how much it is really 'both sides' doing it in any real volume.10/25/2014 - 1:01pm
NeenekoOne thing that makes all of this messy is 'false flag' is a serious concern here. It does not help that the original GG instigators were also known for doing elaborate false flags to discredit feminism themselves.10/25/2014 - 12:59pm
MechaCrashThe guy who got the knife is the one who advocated doxxing, by the way, and was getting court documents about Zoe Quinn so he could publicly post them. It doesn't make what happened to him right, but he deserves no sympathy.10/25/2014 - 12:42pm
TechnogeekNo, that's a pretty shitty thing to do and I fully support the responsible parties getting a visit from the relevant legal authorities.10/25/2014 - 12:17pm
Neo_DrKefkaSomeone anyone tell me how two wrongs somehow make a right? This is becoming exhausting and both sides are out of there minds!10/25/2014 - 11:40am
Neo_DrKefkaSo two GamerGate supporters received a knife and syringe in the mail today. The same GamerGate supporters who said how awful it was were seen in other tweets gathering lists and sending our similar threats or harassment to shut down the other side....10/25/2014 - 11:36am
NeenekoJust look at how interviews are handled. Media tends to pit someone who is at best a journalist, but usually entertainer, against an expert, and it is presented and percieved as if they are equals.10/25/2014 - 7:38am
Neeneko@MC - Focusing on perpetrator does nothing for prevention, the media and public lack the domain knowledge and event details to draw any useful conclusions. All we get are armchair risk experts.10/25/2014 - 7:36am
Neeneko@AE - no name or picture, I like it.10/25/2014 - 7:34am
 

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