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

EA has shuttered Maxis (The Sims, SimCity). Should it keep the Maxis name alive?:

Shout box

You're not permitted to post shouts.
Andrew EisenPM - Yep, that's the one.03/06/2015 - 12:53am
TechnogeekBest case, it was some marketing douchebag who thought they could pander to both sides at once.03/06/2015 - 12:49am
TechnogeekAlso, this was the mistake tweet: http://i.imgur.com/4eLWNHx.jpg03/06/2015 - 12:48am
TechnogeekBecause nothing says "open, diverse gaming community" like buddying up with Breitbart.03/06/2015 - 12:47am
Papa MidnightAndrew Eisen, I believe this is the picture that you seek: http://i.imgur.com/Gdk60pa.jpg03/06/2015 - 12:30am
Papa MidnightSurely, Goth_Skunk, you say that in jest?03/06/2015 - 12:28am
prh99Craig R. Cause quite a few of them are not, they're bullies with different politics.03/06/2015 - 12:23am
MechaTama31What was the "mistake" tweet?03/06/2015 - 12:18am
MechaCrashWhatever you say, Goth.03/06/2015 - 12:02am
E. Zachary KnightGoth, they could have fooled me.03/05/2015 - 11:16pm
Goth_SkunkI don't understand. GamerGate supports an open, diverse gaming community for all as well. Google's statement is contradictory.03/05/2015 - 10:59pm
TechnogeekAnd as far as the Card thing went, I basically balanced it out personal guilt-wise by donating an amount equal to the Shadow Complex purchase price to the ACLU.03/05/2015 - 9:44pm
TechnogeekWelp, look like the Gerberghazi crowd is going to have to use Bing now. https://twitter.com/googlecloud/status/57365320825126093003/05/2015 - 9:42pm
Goth_SkunkAhh! I misinterpreted your statement about being left with almost every game in existence. I interpreted it as 'If you boycott games he's been involved with, you're boycotting almost all of them.'03/05/2015 - 9:31pm
Andrew EisenGoth - Card has been involved with only a small handful of games so if one were to boycott games for his involvement, they wouldn't be missing out on many games.03/05/2015 - 9:29pm
Goth_Skunk@Craig: Only if you're not interested in seeing it end.03/05/2015 - 9:27pm
Craig R.Instead of calling people the "anti gamergate faction", you could just call them "sane"03/05/2015 - 9:23pm
Goth_SkunkWhat do you mean 'almost every game in existence'? Card is a writer, not a game developer.03/05/2015 - 9:18pm
Andrew EisenBut I too wonder how many people who cry boycott actually follow through. I vaguely remember a few years ago a bunch of people boycotting one of the CoD games and were all found playing it on Steam.03/05/2015 - 7:53pm
Andrew EisenAn interesting quandary but not equivalent as boycotting games that Card was involved with leaves you with... well, almost every game in existence.03/05/2015 - 7:51pm
 

Be Heard - Contact Your Politician