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
TROPtastic
*awkward silence* … anyone for some lamb kebabs?
Foxhound_Solid
We did all read the Tees and Cees didnt we?
mistermcee
but you were aware that there were terms and conditions that would apply though. As I mentioned above, it muddies the waters on both sides.
cc_star
T&C just like EULAs are irrelevant if they contravene laws, which they often do.
Sony saying they aren’t responsible for data loss? I’m pretty sure that breaks numerous laws & therefore probably wouldn’t be upheld
Why do you think Sony settled out of court with Geohot, because they knew large parts of their prosecution were based on parts of the PS3’s EULA which may not have been enforceable, just like Apple’s wasn’t with the Jailbreaking case & like the movie company’s weren’t when the circumventing the CSS copy protection went to court.
mistermcee
The problem with your assertion is that you assume that there is a de facto breach of ‘laws’, although you do not make it clear as to which ‘laws’ you are talking about. First things first, what loss are you claiming to have suffered? Second, what damaged have you suffered as a result of the loss? The biggest piece of legislation that people are probably looking at is the Data Protection Legislation but any award you could get on that is fairly minor. In addition although the Information Commissioner can levy a fine of up to £500,000 that is pretty small beer to someone like Sony.
People have gone on about EULAs but fundamentally there is little case law on the points I think you allude too. Again it is not clear what you are referring to. If all EULAs are so fundamentally unconscionable why are they still in a very similar form.
I would agree with the assertion that many EULAs try and go further than they can probably get away with, but, and this is the key point, no one knows where the line is drawn until it is judicially tested. EULAs often contain severability clauses specifically to address these points, but again, these have their problems.
The Geohot issue is a bit of a red herring in this instance. Sony got the result they wanted without the expense of having to go to court. Geohot got his publicity. Result for both sides.