ROFL so now when they get hacked people cant mass sue... thats sneaky for them, means less payout as its a single case per case.. winds up costing the end user more to sue then if they sued as a group LOLOL
im sure many will just click OK without even reading it. like many people do now days.... im still waiting for the clause that states, "if you use our product/service you must give us your first born child should you terminate your account. or the life of your whole family"
Hopefully these kinds of laws don't make it to Europe, but I fear it's only a matter of time. USA should just rename itself to UCA, United Corporations of America
<childish, provocative and highly speculative banner about your favorite game goes here>
Well, it's a beautiful way for Sony to absolve itself of any responsibility for their shitty security practices. I remember reading a comment from Lulzsec at the time of the hack that stated how ridicuolously unprotected all that personal data was.
Now it can be unprotected and the consumer has no recourse but to boycott the service all together.
They expect no one to read it because of its length. I know I didnt. Its so long now, it took 2 minutes to scroll down the whole aggreement on the PS3 so that I can get the accept button to unlock.
I remember BP doing the same thing to it's cleanup crews. They had their new workers sign a contract saying they could not sue BP if they got sick or hurt.
I believe the same rules apply here in that BP's contract that they made their people sign would not be enforceable in a court in the US. The reason is that BP (ala Sony) is too big of a company to have an individual sign such a contract and it be honored in a US court.
I'm not a lawyer, but this would seem to be the same here.
I Reject your Reality and Substitute it with My Own!
Well first of all this kind of EULA/ TOS won't have any legal power in my country's legal system , so users in my country will still be to collecively sue Sony , but I guess I won't be able to join eventual collective sue in USA since there won't be one.
So it does not affect me that much , BUT I certainly remember this kind of things and I WILL affect my decision for buying Sony products in future. When I will waver between Sony and some other similar product that will propably be a thing that will make a choose non Sony product.
Just because I don't like if company treats users like that , even If I would never collective sue Sony in whole my life.
---------------
I understand why they do it from their corporate point of view btw but I am consumer not Sony's owner, shareholder or worker so I am looking from consumer point of view.
ROFL so now when they get hacked people cant mass sue... thats sneaky for them, means less payout as its a single case per case.. winds up costing the end user more to sue then if they sued as a group LOLOL
im sure many will just click OK without even reading it. like many people do now days.... im still waiting for the clause that states, "if you use our product/service you must give us your first born child should you terminate your account. or the life of your whole family"
id love to see someone ok that HAHAHA
I think blizzard did the firstborn joke with wow players once, they removed it though after a short time
Most of the EULA's you find in video games these days should be on stage being read out by a comedian. This particular one would not be valid in any consumer court in the UK as it breaches our consumer protection laws in so many ways. The games industry as a whole really needs to be taken down a peg or two, from the big publishers to the brick and mortar stores who seem to believe themselves above any petty laws that the various countries set.
This is already the norm in this industry... What other MMORPG provider allows you to not sign their EULA and carry on using their service?
NCSoft,as an example, state clearly that if you don't want to sign theirs, not matter what changes they feel the need to make at any given time, then you should contact their accounts department and cancel.
Hmmmmm. If I actually used psn for more than just watching hulu and netflix, I might have concern. I don't think I ahve anything of importance stored on their servers.....
If actively used pSN and bought things though, I would cancel it outright. That's such a ridiculous clause.
I seriously doubt that the terms of that agreement are legal. The EULA is a contract, and contracts cannot userp the courts, law, or legal options of any entity.
This is just about the worst thing Sony could have done. They have completely undermined any credibility they had left after the hacks. What this says is - "We are not confident we can protect your data, and we want to make sure that if it happens again, we dont lose too much money or have a PR nightmare again. We dont actually care about your data"
In the UK it would fall foul of a little thing called consumer protection rights, and unfair terms in consumer contracts laws.
USA doesnt seem to have any equivelant as all laws seem to be in the favour of the corporations. But what can you expect when your entire political system is based around companies paying to get their favoured representative / congressman / president into power so they can change laws to their liking....
Cluck Cluck, Gibber Gibber, My Old Mans A Mushroom
This kind of thing... is kind of unbelievable, a company that didnt have a PR issue would struggle to push that one through, Sony however, are already on the radar with people for all the wrong reasons, talk about kamikaze business practices, and way to go at endearing themselves to their player/user base .. even smedders himself would struggle to put some positive spin on this one. What this means in practice is that;
A. They don't have confidence in their ability to protect their systems from intrusion.
B. User Data protection is an issue that they havent been able to fully address.
C. should A & B be compromised, rather than enact measures to help their user/playerbase, they want to prevent it becoming an embarassing media/legal issue..
I seriously doubt that the terms of that agreement are legal.
In the UK it would fall foul of a little thing called consumer protection rights, and unfair terms in consumer contracts laws.
and yet in the UK if I don't click on 'agree' on NCSoft's EULA (on a product I have already paid for mind), all I am offered is the option to cancel.
Not even a refund.
And this from a company based in Brighton.
But i dont think (i dont know as i havent read it) that NCSofts EULA has any illegal terms in it
Some would argue that refusing access to a service after purchase based on not accepting the EULA offered, when those terms were not stated clearly on the box prior to purchase, is actually pretty 'illegal'.
AT&T has something similar that disallows their customers to take part in a class action lawuit and get this... the courts actually let it fly.
Yeah, I think AT&T is the company that pushed for this law to be implemented in the first place. Which means that AT&T and Sony are not the only companies that'll do this. Yay!
<childish, provocative and highly speculative banner about your favorite game goes here>
I seriously doubt that the terms of that agreement are legal.
In the UK it would fall foul of a little thing called consumer protection rights, and unfair terms in consumer contracts laws.
and yet in the UK if I don't click on 'agree' on NCSoft's EULA (on a product I have already paid for mind), all I am offered is the option to cancel.
Not even a refund.
And this from a company based in Brighton.
But i dont think (i dont know as i havent read it) that NCSofts EULA has any illegal terms in it
Some would argue that refusing access to a service after purchase based on not accepting the EULA offered, when those terms were not stated clearly on the box prior to purchase, is actually pretty 'illegal'.
Good point.
Goes back the microsoft shrink wrap EULA lawsuits. To read the EULA you have to open the shrink wrap. Opening the shrinkwrap is acceptance of the EULA......
Cluck Cluck, Gibber Gibber, My Old Mans A Mushroom
Moushiwake arimasen deshita. We leaked your personal info because our security wasn't up to par on our network. Oh, and btw, if you don't sign this you'll be banned. Yeah, that's the way to handle people who pay your check, NOT!.
BTW purchase does not guarantee full use. They can not deny you use of the product, unless of course, your product is an online only content contract. In the case of online only content, most countries and companies have rules and laws concerning early termination and buyers remorse. But, back to the denying rights of use, if the content is solo + online, they can deny you use of the network if you refuse to accept the EULA. International law stipulates that while the consumer has the right to purchase and use products, companies also have the right to do business with whomever they please. There are ramifications to this, such as discrimination charges, etc., but a company can chose not to do business with whomever they like, regardless of whether it's racially, politically, or ethnically discriminating.
I seriously doubt that the terms of that agreement are legal.
In the UK it would fall foul of a little thing called consumer protection rights, and unfair terms in consumer contracts laws.
and yet in the UK if I don't click on 'agree' on NCSoft's EULA (on a product I have already paid for mind), all I am offered is the option to cancel.
Not even a refund.
And this from a company based in Brighton.
But i dont think (i dont know as i havent read it) that NCSofts EULA has any illegal terms in it
Some would argue that refusing access to a service after purchase based on not accepting the EULA offered, when those terms were not stated clearly on the box prior to purchase, is actually pretty 'illegal'.
Good point.
Goes back the microsoft shrink wrap EULA lawsuits. To read the EULA you have to open the shrink wrap. Opening the shrinkwrap is acceptance of the EULA......
Can't say i'm not suprised, since when has sony been a caring give a shit company.. What sucks though is that its hard to boycott sony when they have exclusive games that you wanna play.
... okay.. not that i advocate boycotting without adequate justification, although, they're definitely making the attempt.. but what games do they do that are even all that popular that it would be an issue even.. most of their games are more than a little long in the tooth, and their 'newer' games are lacking in popularity.. even DCUO is struggling to maintain a population, and failing, given the 'supermerger' they just did with the servers. SOE desperately needs that 'killer app' kind of thing that they had when EQ was in its infancy.. perhaps their hoping that Planetside 2 will do what DCUO failed to achieve... but i think its a long shot either way.
It wouldn't affect my decision at all. I'm not a lawsuit freak and would most likely only file a lawsuit that can easily be done on my own due to the gravity of their actions.
Sony getting hacked is not one of those actions. I wouldn't file a lawsuite against a bank if it would be robbed either (assuming they aren't insured and i would lose some of my deposits due to it). Filing a lawsuite against the victim of a crime seems really silly.
Fere libenter homines id quod volunt credunt. Among those who dislike oppression are many who like to oppress.
Comments
It made me laugh when I first read the headline but I guess it really shouldn't come as a surprise.
What does it mean when it says users can "opt out of the agreement within the next 30 days." If you opt out you get banned?
Btw thanks for choosing the BBC for your link XD
this is weird!you can autorise sony to do whatever it want online(no need to send them a mail!
but you need to send them a mail to opt-out?no ty i do like the rest and stay away from sony
ROFL so now when they get hacked people cant mass sue... thats sneaky for them, means less payout as its a single case per case.. winds up costing the end user more to sue then if they sued as a group LOLOL
im sure many will just click OK without even reading it. like many people do now days.... im still waiting for the clause that states, "if you use our product/service you must give us your first born child should you terminate your account. or the life of your whole family"
id love to see someone ok that HAHAHA
Hopefully these kinds of laws don't make it to Europe, but I fear it's only a matter of time. USA should just rename itself to UCA, United Corporations of America
<childish, provocative and highly speculative banner about your favorite game goes here>
Well, it's a beautiful way for Sony to absolve itself of any responsibility for their shitty security practices. I remember reading a comment from Lulzsec at the time of the hack that stated how ridicuolously unprotected all that personal data was.
Now it can be unprotected and the consumer has no recourse but to boycott the service all together.
Ahh, large corperations, you gotta love 'em.
They expect no one to read it because of its length. I know I didnt. Its so long now, it took 2 minutes to scroll down the whole aggreement on the PS3 so that I can get the accept button to unlock.
I remember BP doing the same thing to it's cleanup crews. They had their new workers sign a contract saying they could not sue BP if they got sick or hurt.
I believe the same rules apply here in that BP's contract that they made their people sign would not be enforceable in a court in the US. The reason is that BP (ala Sony) is too big of a company to have an individual sign such a contract and it be honored in a US court.
I'm not a lawyer, but this would seem to be the same here.
I Reject your Reality and Substitute it with My Own!
Thank God for the Xbox
Well first of all this kind of EULA/ TOS won't have any legal power in my country's legal system , so users in my country will still be to collecively sue Sony , but I guess I won't be able to join eventual collective sue in USA since there won't be one.
So it does not affect me that much , BUT I certainly remember this kind of things and I WILL affect my decision for buying Sony products in future. When I will waver between Sony and some other similar product that will propably be a thing that will make a choose non Sony product.
Just because I don't like if company treats users like that , even If I would never collective sue Sony in whole my life.
---------------
I understand why they do it from their corporate point of view btw but I am consumer not Sony's owner, shareholder or worker so I am looking from consumer point of view.
I think blizzard did the firstborn joke with wow players once, they removed it though after a short time
Pi*1337/100 = 42
Most of the EULA's you find in video games these days should be on stage being read out by a comedian. This particular one would not be valid in any consumer court in the UK as it breaches our consumer protection laws in so many ways. The games industry as a whole really needs to be taken down a peg or two, from the big publishers to the brick and mortar stores who seem to believe themselves above any petty laws that the various countries set.
This is already the norm in this industry... What other MMORPG provider allows you to not sign their EULA and carry on using their service?
NCSoft,as an example, state clearly that if you don't want to sign theirs, not matter what changes they feel the need to make at any given time, then you should contact their accounts department and cancel.
Hmmmmm. If I actually used psn for more than just watching hulu and netflix, I might have concern. I don't think I ahve anything of importance stored on their servers.....
If actively used pSN and bought things though, I would cancel it outright. That's such a ridiculous clause.
I seriously doubt that the terms of that agreement are legal. The EULA is a contract, and contracts cannot userp the courts, law, or legal options of any entity.
This is just about the worst thing Sony could have done. They have completely undermined any credibility they had left after the hacks. What this says is - "We are not confident we can protect your data, and we want to make sure that if it happens again, we dont lose too much money or have a PR nightmare again. We dont actually care about your data"
In the UK it would fall foul of a little thing called consumer protection rights, and unfair terms in consumer contracts laws.
USA doesnt seem to have any equivelant as all laws seem to be in the favour of the corporations. But what can you expect when your entire political system is based around companies paying to get their favoured representative / congressman / president into power so they can change laws to their liking....
Cluck Cluck, Gibber Gibber, My Old Mans A Mushroom
This kind of thing... is kind of unbelievable, a company that didnt have a PR issue would struggle to push that one through, Sony however, are already on the radar with people for all the wrong reasons, talk about kamikaze business practices, and way to go at endearing themselves to their player/user base .. even smedders himself would struggle to put some positive spin on this one. What this means in practice is that;
A. They don't have confidence in their ability to protect their systems from intrusion.
B. User Data protection is an issue that they havent been able to fully address.
C. should A & B be compromised, rather than enact measures to help their user/playerbase, they want to prevent it becoming an embarassing media/legal issue..
Awesome, simply awesome..
and yet in the UK if I don't click on 'agree' on NCSoft's EULA (on a product I have already paid for mind), all I am offered is the option to cancel.
Not even a refund.
And this from a company based in Brighton.
But i dont think (i dont know as i havent read it) that NCSofts EULA has any illegal terms in it
Cluck Cluck, Gibber Gibber, My Old Mans A Mushroom
AT&T has something similar that disallows their customers to take part in a class action lawuit and get this... the courts actually let it fly.
Some would argue that refusing access to a service after purchase based on not accepting the EULA offered, when those terms were not stated clearly on the box prior to purchase, is actually pretty 'illegal'.
Yeah, I think AT&T is the company that pushed for this law to be implemented in the first place. Which means that AT&T and Sony are not the only companies that'll do this. Yay!
<childish, provocative and highly speculative banner about your favorite game goes here>
Good point.
Goes back the microsoft shrink wrap EULA lawsuits. To read the EULA you have to open the shrink wrap. Opening the shrinkwrap is acceptance of the EULA......
Cluck Cluck, Gibber Gibber, My Old Mans A Mushroom
What kind of backwards deal is this?
Moushiwake arimasen deshita. We leaked your personal info because our security wasn't up to par on our network. Oh, and btw, if you don't sign this you'll be banned. Yeah, that's the way to handle people who pay your check, NOT!.
BTW purchase does not guarantee full use. They can not deny you use of the product, unless of course, your product is an online only content contract. In the case of online only content, most countries and companies have rules and laws concerning early termination and buyers remorse. But, back to the denying rights of use, if the content is solo + online, they can deny you use of the network if you refuse to accept the EULA. International law stipulates that while the consumer has the right to purchase and use products, companies also have the right to do business with whomever they please. There are ramifications to this, such as discrimination charges, etc., but a company can chose not to do business with whomever they like, regardless of whether it's racially, politically, or ethnically discriminating.
yes indeed
... okay.. not that i advocate boycotting without adequate justification, although, they're definitely making the attempt.. but what games do they do that are even all that popular that it would be an issue even.. most of their games are more than a little long in the tooth, and their 'newer' games are lacking in popularity.. even DCUO is struggling to maintain a population, and failing, given the 'supermerger' they just did with the servers. SOE desperately needs that 'killer app' kind of thing that they had when EQ was in its infancy.. perhaps their hoping that Planetside 2 will do what DCUO failed to achieve... but i think its a long shot either way.
Boycott Sony... why bother.. honestly?
It wouldn't affect my decision at all. I'm not a lawsuit freak and would most likely only file a lawsuit that can easily be done on my own due to the gravity of their actions.
Sony getting hacked is not one of those actions. I wouldn't file a lawsuite against a bank if it would be robbed either (assuming they aren't insured and i would lose some of my deposits due to it). Filing a lawsuite against the victim of a crime seems really silly.
Fere libenter homines id quod volunt credunt.
Among those who dislike oppression are many who like to oppress.