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.

 
Forgot your password?
Username :
Password :

Poll

Which Feminist Frequency video are you looking forward to most?:

Shout box

You're not permitted to post shouts.
prh99Devolvers response to Nintendo's creator program https://mobile.twitter.com/devolverdigital/status/56082061398444851301/31/2015 - 3:24am
Andrew EisenI only know of him being annoyed that IGDA mistakenly hosted on its anti-harassment tools page a blocklist he was on. What else was he critical of?01/31/2015 - 2:19am
Goth_Skunk@WonderKarp: Given Rosario's outspoken criticisms of the conduct of the IGDA, I would not be one bit surprised if he's being strong-armed into silence in closed-door meetings. He's not towing the party line, after all.01/30/2015 - 11:38pm
MechaTama31EZK: Thank you! (And I was able to see that you did it, only because you did it. How appropriate! :)01/30/2015 - 11:37pm
Matthew Wilson@Monte Nintendo is a Japanese company though. consoles are dead in japan. ps sony is a international company, so they do not much care about Japanese sales much.01/30/2015 - 10:11pm
MonteOnly one generation ago nintnedo had the best selling console. They know their games are still popular and can move their hardware. They just need to focus on better gaming hardware and advertising (their youtube policy not helping)01/30/2015 - 9:58pm
MonteI'd expect Nintendo to keep making consoles, much like the gamecube i doubt nintendo will see the Wii U as a sign of the end for consoles. There are multiple reason why the Wii U failed a big one being marketting.01/30/2015 - 9:55pm
Wonderkarpwhen asked on Twitter, the Chairman said He couldnt comment at this time https://twitter.com/siloraptor/status/561284497275367424. still looking for facts01/30/2015 - 9:41pm
Wonderkarphttp://pressfarttocontinue.com/2015/01/30/igda-puerto-rico-closed/ this is what I have so far01/30/2015 - 9:27pm
Wonderkarpso allegedly, IGDA has closed their Puerto Rico branch. This comes after the Chairman of the Puerto Rico branch was blocklisted by Randi Harper. I'm trying to dig up more info on it. all I have is a link with some info, but its not cited.01/30/2015 - 9:27pm
Andrew EisenSo, kinda like the Wii U just with a GamePad that's portable?01/30/2015 - 9:13pm
Matthew Wilson@AE I hope they do a Ipad/iphone thing. make a home console/handheld where games are playable on both. that is what I would want from them.01/30/2015 - 9:00pm
Andrew EisenThat would be a shame but as long as I can play comfortably on my TV I'll probably be fine with whatever the future brings.01/30/2015 - 8:56pm
Matthew Wilson@AE I would get used to it. I do not think nintendo is going to do another home console , but I suspect a hybrid one. 1. they are doing worse than the gamecube. 2. the home console market is dead in japan. even the ps4 isnt selling there.01/30/2015 - 8:54pm
Andrew EisenAside from that (and the aiming isn't too smooth but it's turn based so it's not a big deal (maybe better with Circle Pad Pro or New 3DS?)) my only other quibble is I'd much prefer playing it on a console. But I say that about nearly every handheld game.01/30/2015 - 8:39pm
Andrew EisenFrom what I've seen of Valkyria Chronicles, this is significantly slower. Mechanically, it's fine and plays into the game well. It just takes too long.01/30/2015 - 8:37pm
Matthew Wilsonyup like VC it moves every enemy each turn one by one.01/30/2015 - 8:33pm
Andrew EisenI played most of the Codename Steam demo. Pretty neat so far but the enemy turn (it's turn based) takes way too long.01/30/2015 - 8:31pm
Goth_SkunkJust finished the first episode of Life is Strange. The writing is hit-or-miss, the lip-syncing is awful (but I can't fault an indie dev for that), but the chronokinesis mechanic is dynamite. Love the concept. Can't wait to play more.01/30/2015 - 8:23pm
Andrew EisenNintendo invites disaster!01/30/2015 - 7:34pm
 

Be Heard - Contact Your Politician