The aftermath of the massive security breach of Sony’s PSN is still being felt today by the Japanese electronics giant, and there’s plenty of people lining up to take a bite out of Sony via lawsuits. In a move that’s definitely not going to endear them to gamers, Sony’s updated their TOS that basically says that they waive the right to collectively sue it over future security breaches. If you’re the sort who doesn’t want to waive that right, you’ll need to write a letter on paper (yes, those old things) and send them to Sony’s legal department. This doesn’t mean you can’t sue Sony – you still can – it just means that you’ll need to seek binding arbitration with an arbitrator of the company’s choosing instead of exercising their right to have a judge or jury hear their case, as an individual. The statement goes (taken from The Register):
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 LEGAL 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.
Look Sony, we understand that what happened a few months ago when the PSN was hacked was unfortunate, and we know you’re trying your hardest to make amends (we hope). But this sort of thing isn’t going to win you points with the gaming community at large, especially since the notice is tacked on at the end of a TOS, which is usually glossed over by most people. And if you don’t agree to the new TOS, you’re basically locked out of online services (and everything that that entails). Granted, it’s a completely legal move, but it’s also kind of sneaky.
Source: The Register