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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ZippyDSMleeWell it could be worse, like skyrim out of the box, a shame DAI dose not have that level of editing...05/25/2015 - 5:58pm
Zenpretty well without getting "nasty". Many people are disappointed in the decision and the about face on the status of the games development.05/25/2015 - 4:22pm
ZenEvery market has horrible people...but being like this towards all of them in a group is not a way to garner support and can make people more hostile towards you. Ironically his response was to someone that wanted to state a disagreement, but worded it05/25/2015 - 4:22pm
Goth_SkunkAs demonstrated by Ian's remarks, that 'market of possible fans' is apparently negligible.05/25/2015 - 4:18pm
Zeninformation while other versions had everything talked about openly.05/25/2015 - 4:15pm
ZenYeah, I've read through it and wanted to make sure I had it quoted correctly. I get there are issues, but this is horribly unprofessional and just burning a market of possible fans..many of which supported them and were waiting while getting little to no05/25/2015 - 4:15pm
Goth_SkunkOh wow. That's not even misquoted, he actually said that. Though for additional context in previous pages, he truly does not think highly of Nintendo console owners, and claims that in the industry, he's not alone.05/25/2015 - 4:12pm
ZenI also took a screenshot of the statement in case it is taken down (via my Twitter): https://twitter.com/zenspath/status/60293960536562483205/25/2015 - 4:05pm
ZenLink for my previous post - http://forum.projectcarsgame.com/showthread.php?27584-Project-Cars-Sales-figures&p=942776&viewfull=1#post94277605/25/2015 - 4:03pm
ZenProject Cars basically canceled for Wii U, Slightlymad Studios Head, Ian Bell, states "Yup, and if you need to pass this on, we really dislike Nintendo users" on Forum to Wii U players waiting for the game and disappointed in the news.05/25/2015 - 4:03pm
Goth_SkunkAnd now, a humorous gif. Oblivious Otter is Oblivious. http://i.imgur.com/zdUZOWo.gif05/25/2015 - 3:49pm
Goth_Skunka bonified game dev.05/25/2015 - 3:45pm
Goth_SkunkGranted, most of that feedback is going to be vicious, but if a novice dev knows full well not to expect their hastily strewn together game as the next Grand Theft Auto, such curmudgeonly feedback shouldn't deter them from their ultimate goal of becoming05/25/2015 - 3:45pm
Goth_SkunkAdditionally, Steam is a platform whereby these novice devs can showcase what they were able to put together and see what kind of feedback they can get from the community.05/25/2015 - 3:44pm
Goth_SkunkI don't think it's wrong for a novice dev to want to recover any losses from people willing to pay money for what they have produced, either. After all, every game dev had to start somewhere.05/25/2015 - 3:41pm
Goth_SkunkI disagree. I think that for novice developers, this tactic still at a fundamental level teaching someone the ins and outs of video game development.05/25/2015 - 3:41pm
PHX Corp@MW There are things that developers are doing that drive me up the Wall as a consumer, reused Unity assets is no Exception to said rule05/25/2015 - 2:17pm
Matthew Wilsonhttps://www.youtube.com/watch?v=5svAoQ7D38k this is stupid, and the fact its allowed is stupid.05/25/2015 - 1:52pm
james_fudgeHappy Memorial Day to everyone05/25/2015 - 7:13am
Mattsworknamealso, in MGR, on higher levels, button mashing will get you reckt, you have to master parry to even have a prayer05/24/2015 - 8:52pm
 

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