PS3 owner, PSN change of T's and C's.

Soldato
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http://www.bbc.co.uk/news/technology-14948701

Sony is preparing to ban gamers from the PlayStation Network (PSN) unless they waive the right to collectively sue it over future security breaches.

The firm has amended PSN's terms and conditions and users have to agree to them next time they log in.

The move comes months after a string of hacking attacks compromised over 100 million accounts of the PlayStation Network subscribers.

It is, however, possible to opt out of the agreement within the next 30 days.

Gamers will now have to try to resolve any legal issues with an arbitrator picked by Sony, before being able to file a lawsuit.

The new clauses, dubbed "Binding Individual Arbitration," state that "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".

I don't own a PS3 and I can't say I would sue, but this seems to be a bit of a PR disaster in the making for me!
 
Soldato
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There was a recent ruling in the US where class action lawsuits are no longer legally binding and they have to be done through mutual arbitration. Sony has pounced on this pretty much immediately, hence the T&Cs. I've agreed to them anyway, as I don't think Sony will seriously **** up again with the PS3 and PS4 after the PSN incident.

It's not a nice T&C but you have to agree to it if you want to keep using the system.
 
Soldato
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Personally, I don't see why a person should be able to sue a company because they were hacked. Yes, they should try to keep details safe but no amount of security can keep hackers out - they are always ahead of the game so it's just part of the risk.

But, forcing people isn't going to win them any praise that's for sure. So I agree it's a strange move to make
 
Soldato
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There's a clause at the end which says if, within 11 days of accepting the new terms, you send off in writing to Sony saying you disagree with the above, then clauses X Y Z (too lazy to look up their number :p) are no longer binding to you
 
Soldato
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Personally I couldn't care. I'm never going to sue them or Microsoft or anyone else for that matter.

Any the do give you the option if it bothers you. I'm going to wager that 90% of the opt outs that they receive are from the shores of the great US of A.
 
Associate
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So hang on, let me get this straight.

If we don't accept the new T&Cs in 30 days we get banned?

I'm with you on this one, seems like a foul move by Sony.

Now that you have forfeited your legal rights, perhaps sony may leave an unencrypted disk somewhere with your bank details? You can't sue soo.... hey ho why bother with data security? Hey maybe this what the NHS and HM Government need to do. Simply remove the laws or demand you sign T&C's opting out to use legal protection in the NHS, DWP, Job Centre, Police, Fire Service. ;)

Probably giving them ideas, better stop now :D
 
Soldato
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So hang on, let me get this straight.

If we don't accept the new T&Cs in 30 days we get banned?

Isnt it more like you cant go online unless you agree with the T+Cs? Just like all the other hundreds of T+Cs we have agreed on and not bothered to read. All this means if you have a personal greivence then you are well in your rights to make claims against Sony yourself, you just cant group together as a Class Action suites.
 
Soldato
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So hang on, let me get this straight.

If we don't accept the new T&Cs in 30 days we get banned?

You basically just stay in offline mode, which is effectively the same as being banned. You can't use any of the online services at all if you don't agree to the terms of service. It's misleading to say you will be banned (you can always agree later) but it may as well be the same thing if people stick to their principles of being against corporate abuse.
 
Soldato
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I doubt any UK court will allow Sony's TC's to prevent legal action if something actually serious ever occurred anyway.
 
Soldato
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I doubt any UK court will allow Sony's TC's to prevent legal action if something actually serious ever occurred anyway.

No doubt, but lets be honest, this isn't really aimed at the UK or anywhere other than the US for that matter. No one else really gets bent out of shape about stuff enough to sue anywhere else. Most of the time.


So hang on, let me get this straight.

If we don't accept the new T&Cs in 30 days we get banned?

No. If you don't agree then you cant go online. You want to play on their service then you play by their rules. The option is there for you to opt out and if you choose to not accept for now you can still agree and then opt out in 3 months if you wanted to.

You have 30 days to opt out FROM THE DAY YOU AGREE. You could agree today or in 6 months and thne send in your opt out.


Well done to the BBC for completely confusing the issue by telling people they'll be banned. Banned implies can never get back on which just isn't the case.
 
Soldato
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I doubt any UK court will allow Sony's TC's to prevent legal action if something actually serious ever occurred anyway.

It makes no difference in your ability to take Sony to court yourself, just that you cant gang up for a class action law suit. Not sure of UK policy now, but the US where most Class action suits are made the US courts have made them illegal as such.
 
Caporegime
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It's hardly a "foul move" as some in this thread have confusingly stated. It's like ANYTHING requiring you to accept the terms and conditions prior to usage, if you don't like them then don't use the product/service. The people complaining probably just accepted the terms without even reading them anyway so who cares.
 
Soldato
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It makes no difference in your ability to take Sony to court yourself, just that you cant gang up for a class action law suit. Not sure of UK policy now, but the US where most Class action suits are made the US courts have made them illegal as such.

According to other articles on the web, there's other changes which prevent an individual trying to take legal action against Sony alone as well.
 
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