Sony Changed ToS Because of AT&T Mobility v. Concepcion Decision

September 21, 2011 -

You may think the unprecedented and massive security breach that took down multiple Sony services including Sony Online entertainment and PlayStation Network is what pushed Sony to make the changes it did recently to the PSN Terms of Service, but a CNN report points to another reason: The Supreme Court. Last week Sony changed the document for PlayStation Network asking customers to give up their rights to file class-action lawsuits against the company and its partners. As we noted earlier today, customers can opt out by sending the company a letter in the mail - we also noted that most people did not notice the new clause in the TOS, and probably don't give a whit that they are losing their rights to sue.

Sony tells CNN that the new changes were made because of a Supreme Court decision in April - AT&T Mobility v. Concepcion (PDF). Due to a Supreme Court ruling the company was allowed to enforce a clause it included in employment contracts that barred workers from bringing class-action suits and forced them to go through arbitration.

"The Supreme Court recently ruled in the AT&T case that language like this is enforceable," a spokeswoman for Sony's PlayStation unit wrote in an e-mail to CNN. "The updated language in the TOS is designed to benefit both the consumer and the company by ensuring that there is adequate time and procedures to resolve disputes."

As the CNN report points out arbiters are usually retired judges who collect ridiculous fees of $300 or more hour. Arbitration never involves a jury and arbiters are typically more sympathetic to the corporations.

As we noted earlier, it will be interesting to see if someone, somewhere challenges the revised ToS in a court room. Many legal experts do not believe it can stand up in a court of law - mostly because of the way Sony made consumers aware of it.

Source: CNN


Comments

Re: Sony Changed ToS Because of AT&T Mobility v. Concepcion ...

Here's a good article that shows how far that decision reaches: http://redtape.msnbc.msn.com/_news/2011/09/21/7863184-after-high-court-ruling-firms-divide-and-conquer-in-consumer-cases

Its way bigger then just Sony.

Re: Sony Changed ToS Because of AT&T Mobility v. Concepcion ...

"We did it because now it looks like we can get away with it."

Fixed.

Re: Sony Changed ToS Because of AT&T Mobility v. Concepcion ...

Sounds about right.

Though luckily, even after the SCOTUS case there are limits to how many rights you can sign away, esp if you are not an employie.  Sony might find itself in the hot seat yet.

Re: Sony Changed ToS Because of AT&T Mobility v. Concepcion ...

Excuse me if I call bullshit on the notion that this somehow benefits the consumer.

This is all about big corporations doing whatever the hell the want, whenever the hell they want, with the explicit blessing of the Supremely Bought Court of the United States.

 
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james_fudgebody paint?09/17/2014 - 5:33pm
E. Zachary Knightquiknkold, I stand corrected on the buttcrack thing. Still, I know of no fabric that actually does that.09/17/2014 - 5:05pm
Andrew EisenSo... it's unethical to discuss the ethics surrounding public interest vs. personal privacy?09/17/2014 - 4:45pm
prh99The source for the game was just released not long ago, it's at https://github.com/keendreams/keen09/17/2014 - 4:43pm
prh99An Indiegogo champagin bought the rights to the early 90's game Keen Dreams to make it open source and release it on GOG etc. https://www.indiegogo.com/projects/let-s-get-keen-dreams-re-released-legally09/17/2014 - 4:42pm
james_fudgeAlso http://www.breitbart.com/Breitbart-London/2014/09/17/Exposed-the-secret-mailing-list-of-the-gaming-journalism-elite09/17/2014 - 4:29pm
Andrew EisenI read the Kotaku story. Nowhere does it say anything close to "Gamers are white bigoted sexist losers." It's commenting specifically on the crap being slung at people discussing gender issues in games. So, what's the problem?09/17/2014 - 4:06pm
Andrew EisenYeah, I can imagine Spiderwoman posed like in your second link.09/17/2014 - 4:00pm
Andrew EisenThat's not the same pose. Spiderman (who is wearing an actual outfit rather than body paint) is crouched low to the ground. Kinda like a spider! Spiderwoman has her butt up in the air like she's waiting to be mounted.09/17/2014 - 3:59pm
quiknkoldAndrew Eisen : Kotaku did a whiole article on it, as did others http://kotaku.com/we-might-be-witnessing-the-death-of-an-identity-162820307909/17/2014 - 3:59pm
CMinerQuiknkold: Do you think that there are no cases where a piece of art (painting, movie, videogame, comic cover, etc) is unambiguously sexist?09/17/2014 - 3:58pm
quiknkoldand can you imagine if Spiderwoman was posed like this? http://goodcomics.comicbookresources.com/wp-content/uploads/2013/02/spider-man1.jpg09/17/2014 - 3:58pm
Andrew EisenWhat games outlet is writing articles saying "Gamers are white bigoted sexist losers"? What examples have you seen of journalists being paid off for favorable reviews? Who's shaming what now? What's the problem with critiquing the Spiderwoman cover?09/17/2014 - 3:57pm
james_fudgeWell there's def "politics" involved in this issue. The movement was hamstrung by bad behavior and illegal activites here. We would have covered it more if not for those unforutnate happenings.09/17/2014 - 3:56pm
quiknkoldhttp://i.imgur.com/v3p8Bwf.jpg Here you go EZacharyKnight. Spidermans Buttcrack.09/17/2014 - 3:56pm
quiknkoldwhile another person doesnt see it09/17/2014 - 3:56pm
quiknkoldJames_fudge : I feel like the people challenging Games are the same people who Challenge Art because Michaelangelo's David shows Wang. The problem is, alot of things with Games are left to the eye of the beholder. One Person see's Sexist Antiwomen views.09/17/2014 - 3:55pm
E. Zachary Knightquiknkold, I don't recall Spider-man's costume conforming to the contour of his buttcrack.09/17/2014 - 3:54pm
quiknkoldIts the same Agenda Fueled Journalism youd find on Fox News or MSNBC. I appreciate Gamepolitics for just stating the facts.09/17/2014 - 3:54pm
 

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