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Sonys T&C's instigate a lawsuit....

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Post by Killswitchmad Tue 20 Dec 2011 - 17:49

In September, Sony updated its PlayStation Network terms of service to prevent class-action lawsuits. Now that change has itself instigated a class-action lawsuit.

According to court documents obtained by GameSpot, a Northern California man filed suit against Sony late last month on behalf of all customers who purchased a PlayStation 3 and signed up for PSN access before the September change to Sony's terms of service. The suit alleges that Sony engaged in unfair business practices by forcing consumers to either give up their right to file a class-action lawsuit or give up access to the online gaming network they effectively paid for when they purchased the hardware.

The suit says Sony buried the clause section describing the changes near the bottom of a 21-page form viewable through the PS3 and neglected to post an easily accessible version of the form online, even though it had done so with past user agreement updates. While the suit notes that Sony allowed an opt out from the class-action provision, the only way for consumers to do that was to contact the company in writing (no emails, phone calls, or online forms accepted) within 30 days.

Sony had not responded to a request for comment as of press time.
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Post by Duke Tue 20 Dec 2011 - 20:40

I've always wondered how these clause's would actually stand up in court it seems to me that they shouldn't be allowed.
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Post by Waylander FWG Tue 20 Dec 2011 - 20:45

Agree with you there Duke, I'm sure most complicated T&C's could be challenged with enough dosh.

I bet its quite frightening what most people agree to without reading T&C's (me included)
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Post by Pais Tue 20 Dec 2011 - 21:56

Back in 2010 as an April Fools joke Gamestation changed thier 't&c' to say they 'own your soul'

Almost 90 per cent of customers agreed to the terms and conditions without reading – either that or they were happy to surrender their souls. The 12 per cent of customers who refused the terms were given a £5 gift voucher.

Customers who had agreed to the terms were then sent an email which said: "Little did you realise that upon your last purchase from Gamestation.co.uk you also granted us a right to claim your humanity [...] To avoid future fatalities, always check the terms and conditions."

The email added: "However, as Gamestation customer services conjurer I have been informed by HR that this little clause of mine is, apparently, not playing fair. So I'm releasing you from your part of the soul bargain."

I have to admit that I'm surprised to discover that as many as 12 per cent of people read the terms and conditions. I assumed that everyone ignored them


Must admit that i hardly ever read 't&c's'

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Post by Duke Tue 20 Dec 2011 - 22:52

Often I start to read the T&C's and then think seriously am i going to stop and refuse at this point (also scroll down to the bottom in case they can tell if i have read them or not Wink )
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Post by N1NJA FWG Wed 21 Dec 2011 - 8:45

I always start to read them and then get bored and skip to the bottom Slap
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Post by FWG Catatonic Wed 21 Dec 2011 - 8:52

to be honest doubt i have ever read 1
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