Sony's New TOS - No Class Action Lawsuits?

PCWorld's article:
http://www.pcworld.com/article/240204/psn_update_tos_protects_sony_from_lawsuits.html

Class Action Waiver. 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, UNLESS BOTH YOU AND THE SONY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION."

From Sony's website - with all the changes conveniently in Red for us...
http://www.sonyentertainmentnetwork.com/SEN-legal-docs/TERMS_OF_SERVICE_AGREEMENT-EN.pdf

Read this a couple of days ago, and just thankful I do NOT have nor will a buy a Sony PS3. You can opt out, but it has to be via snailmail, and unless you send it via registered/insured mail, then they can always state that they never received your letter. I just think that Sony is a NOT a company I want to deal with.

They know that no one will sue for the small amounts each individual pays so by eliminating class action suits they become virtually immune to lawsuits. As the courts in the US move to the right you're seeing a lot of companies put this in their contracts (like cell phone companies for example), it used to be that these clauses would be struck down, but now they're getting upheld more and more often.

Remember if you do agree to these new terms of service follow these instructions so you can still sue sony and partipate in class action lawsuits against Sony, if needed.

RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 15, YOU MUST NOTIFY SNEI IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PSN ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION.

God I hate dealing with Sony, yet I'm forced to do just that because they create things that amuse this ol' ape. I saw that same email, and yep, I'll be agreeing. And no sir, I won't like it.

the important thing is to protect companies....people can fend for themselves.

God I hate dealing with Sony, yet I'm forced to do just that because they create things that amuse this ol' ape. I saw that same email, and yep, I'll be agreeing. And no sir, I won't like it.

This is typically why these clauses haven't held up in the past. Individuals have absolutely no power to change the terms of the contract, which means that if the contract is unfair the law favors the individual. As the courts move to the right, fewer judges are holding to that basic premise and upholding contract terms that are one sided and unfair (like this one).

btw, that's the reason they offer the opt-out. Even though few people will do it (they make it as hard as possible), it helps establish that the individual did in fact have the power to change the terms.

What did Sony just find out that the PS3 emits cancer?
Yes I know, information loss during hacks or something

Here is more news for you Sony fans that will jack some jaws...
New TOS ONLY applies to the US!
Just read it and see the SPIN! I honestly believe that Sony laughs at the US for being a country FULL of maroons willing and able to eat the shite they swill...Sony fans are like Apple fans, always supporting a company that does NOT respect you as customers.