The Internet is awash with people demanding compensation as their personal data is now in the hands of hackers but they may be in for a shock if they take legal action against Sony. MCV has noted the following statement in the Sony Online Terms & Conditions:
We exclude all liability for loss of data or unauthorised access to your data, Sony Online Network account or Sony Online Network wallet and for damage caused to your software or hardware as a result of using or accessing Sony Online Network.
Sony may be liable to a fine from Information Commissioners Office (ICO) of up to £500,000 if they are found to have broken the UK Data Protection Act but it appears that individual PSN users will not be able to claim any financial compensation.
Source: MCV
hazelam
and so it begins.
http://uk.ps3.ign.com/articles/116/1164392p1.html
JesseWAFC
this bs from sony is getting even better by everyday
squashme
lol according to Sony its not bs
Yahavage
I’ll be glad when this is over and people stop twisting about it. I don’t see how Sony could have handled this any differently. People always winge when something big is happening – ‘oh but they didn’t keep us informed! They need to keep us updated! Why aren’t we being informed?!’ It happens every time and it’s so annoying. Update you on what? ‘Well, we haven’t discovered the source of the hack yet, but Gary was picking his nose and we saw him wipe it on the chair so that was pretty gross!’ They’ve told us what we need to know when we need to know it as far as I can see. Might have been nice to know about the potential breach a bit earlier, but as I have no understanding how long it takes to check these systems, I’m not going to pretend like I do and rave at Sony for not informing us the second the hacker got through the net.
Ugh I think I’m quitting the internet for a few days and I’ll just keep checking my PS3 for the network coming back on. The anger and stupidity is overwhelming. Although there are some people out there being a little more understanding than most.
squashme
well they could have handled it differently by turning off the servers the moment they found out someone was hacking PSN which was the 17th not wait 4 days until the hackers/hacker had all our personal details then turn the servers off, keep us updated atleast once a day on the goings on, and more importantly tell us when they expect PSN to be back online not flog us off with the same excuse over and over again
squashme
apparently PSN exclusive RTS Under Siege will be released as planned on May 3 in the US does some one know something that we dont ?
amiga_dude
Here my plan of action, when I can do it.
But changing of password can only be done by via e-mail. The reason is simple they have our passwords. So they could log on accounts and just change our passwords as they have current password already. So only way this can be done is with a e-mail where hit an link with random ID (Sony should know what RANDOM is by now)
1) Change password
2) Change e-mail address (one of advantages of owning my own domain) ie today it is [email protected] it going to [email protected]
On the legal side things, if want to have a look at “Unfair Terms in Consumer Contracts Regulations 1999”
chibber
On Giant Bomb they are claiming a Sony representative told them the password data (so hopefully that will also mean CC data) is unusable (encrypted?) by a thief and they should not be able to acertain the password from what they have. Hope that’s the case.
Kovacs
Pretty sure Sony might have mentioned that in their announcement yesterday.
“Hackers have your data, but it’s okay, it’s encrypted, so, yeah, no biggie.”
“We believe that an unauthorized person has obtained the following information that you provided: name, address (city, state, zip), country, email address, birthdate, PlayStation Network/Qriocity password and login …”
They have your password. Not your encrypted password. You’re actual password.
Kovacs
Ahem … I meant to say, “you’re actual password is out in the open.”
Kovacs
But, you know, with “your” instead.
Crisz
I genuienly feel sorry for Sony :( Hope they get theese things sorted out soon.
Broonba
Some folk need to chill out…..If anybody’s got your card details & want to use them to make online purchases, then they need the 3 digit security no. from the back of it. (Without actually having your card, it’s the only method with which you could be ripped off by) As far as i’m aware, those details haven’t been compromised……which means, your card details are as much use as a chocolate fireguard, to whoever stole them in the 1st place.
I personally have had no e-mail mentioning PSN purchases from my account recently & no dodgy activity from my bank account. Unless this changes, i’m on Sony’s side. (Although, aye, telling us what happened sooner would’ve been nice)
mistermcee
Merely putting such a clause in the contract doesn’t mean it will work. Under English law the courts have the authority to strike out any and all terms where a party seeks to limit or avoid liability. It will be subject to the well known reasonableness test laid out in the unfair contract terms act 1977 as supplemented by the 1999 regulations. The schedule to the act lays out a good list of factors that will need to be taken into account such as relative bargaining strength of the parties, discounts to enter into the contract. In addition to this there are principles of English law that state the more onerous or unusual the terms the more it should be brought to a consumer’s attention. It is only a matter of time before a court is asked to look at this (not in a frivolous class action wannabe that has all the hallmarks of a speculative fishing exercise being conducted in a pro Bono fashion – based on the little I have gleaned on it). Someone is going to have to demonstrate some genuine loss first as, being a bit upset about things, is not currently a recognised head of loss. Just my opinion of course.
ross991
I’m currently a first year law student so my knowledge on matters is limited but what you have above is pretty much bang on the money. Yes this contract term is possibly unenforceable but unless an actual loss can be proved (and with the loss of data you are better trying to sue under the data protection act 1998) then try to sue Sony is just going to be a massive wasted of time.
mistermcee
I remember the halycon days of my law degree (too many years ago now. . .
TSBonyman
Erm, i’m ovine *looks sheepish*