New Sony Terms Sign Away Legal Right To Sue

Peter Chapman 30 Comments

Remember when Sony basically ditched that silly Qriocity stuff and instead announced Sony Network Entertainment? Well, the newest terms to go along with that contain a couple of silly clauses that you might want to think twice about before clicking through those “accept” screens without reading (yeah, we do it too… who doesn’t?)

According to a Kotaku story overnight, the newest terms of service that users are being asked to digitally sign prohibits them from suing Sony in relation to the online services they provide. Further to that, it also prohibits participation in any group law suit, so those class actions consumers often use to secure their rights are out the window too.

You will be agreeing to settle any claims against Sony, in relation to their Network Entertainment services or any Sony devices you’ve purchased to access those services, outside of a courtroom. This agreement lasts, thanks to a perpetuity clause at the end of the document, for all time. Nice.

There is an opt-out clause tucked away in the legal speak though. In order to retain your legal rights to litigation, just write to them listing your details and making a clear statement that you don’t give up your rights, within 30 days of digitally signing the agreement. It’s a way out but it is wilfully awkward.

Of course, this is a sneaky legal bite out of our consumer rights but let’s not entirely discredit Sony for the action. This is just what lawyers do in their ongoing effort to test the boundries of what’s legal when protecting their clients. It shouldn’t be long before a judge recognises that this contravenes basic consumer rights or is unenforceable and laughs this clause off the terms of service. Until then, your options are to either sign it and send a written opt-out or to refuse to sign it and stop using the online services.

Source: Sony Network terms, via Kotaku

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30 Comments

  1. Thanks for the tip cb, I think it may well be worth writing to them for the sake of all the money I’ve spent on the store

  2. That’s pretty cheeky, Sony just love walking into PR disasters don’t they?

  3. Surely that’s illegal? Isn’t it a legal right to contest your rights in court? I don’t like the sueing culture at the moment anyway and would never have sued Sony over the whole PSN fail. But surely they can’t do this?

  4. Human Cent-i-Pad episode of south park anyone?….

  5. This would totally not stand up in court anyway.
    Those T&C agreements are barely enforceable because the law in this country is based on what a reasonable person would do and a reasonable person clicks accept without reading it.
    When it is signing away basic rights, the first time this is brought in front of a judge, it will be laughed out.

    • correct a company can be sued for a member of its staff getting carpal tunnel becasue even though they have provided them with the manufactureers instruction on use and exposure it is not classes as reasonable that the worker could read this before commencing their duties. This kind of stuff is laughed away every day in civil courts throught the uk.

    • I’d disagree with you- a reasonable person would and should check what they are accepting, but most people aren’t reasonable.
      Other than that point 3shirts, you’re right.
      Not a chance it’ll stand up. But, if Sony are lucky, it might convince some not to go to court.
      For example, if somebody calls Sony to complain and it escalates to the point where they threaten to sue Sony, the company can pull this out and say but you agreed not to- you can’t sue us!
      And if that person isn’t too familiar with the law, they might never take it further.
      Anyway my point is of course it’ll never hold up in court- but it is one more deterrent to prevent it ever reaching said court.

  6. That is a tad bit illegal as it infringes on our consumer rights. Sony have cocked up as they risk getting sued for taking away the customer’s right to sue. I expect within the month, we will hear that Sony will be forced to void the legal right.

    Surely they are not getting sued that much. Except for that woman who was caused, “emontional distress” by not being able to play online due to the hacks.

  7. Nice heads up, i never read that babble, it would take a day and probally full of words i would need a dictionary for!!

  8. while it may not be illegal, i still believe it is with little consequence, as they are not above the laws granted to you in your country.

  9. Ugh I don’t really care.. since I doubt I’d sue Sony…related to the netwerk.

    • You never know what may happen in the future.

  10. Hey, let’s start a class action against Sony for forcing us to give up our rights..

    • Well we could sue every publisher that wants to release games that bring us mental pain………………. industry > doomed

      • Yeah, I was just trying to be ironic :)

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