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
iiekka
its not ilegal to say these things, but you cant say something that contravenes the law, if i write down and get you to sign a bit of paper saying its ok for me to kill you id still go to jail for murder even if you signed some paper saying you wanted me to do it.
quinkill
This is totally legal. They wouldn’t do it if it wasn’t. They have the right to ask you to give up your rights when entering into an agreement with them for a service. What they probably don’t tell you is that the out of court settlement is made with a professional mediator paid for (and therefore working for) Sony and it’s interests. I’m not sure how this will work with European Law but in the US this is very common practice. If you’re interested have a look at ‘Tort-Reform’ or the McDonalds Hot Coffee lawsuit.
iiekka
i still have nightmares from when my gf tried to tell me about tort law =[
a inferior race
Companies routinely break the law. Just look at price fixing.
BrendanCalls
Ive writtena very basic letter, stating exactly what they asked. Im gonna send it off tomorrow as well. Itll cost a fair bit in postage but as a matter of principle for me I am gonna opt out.
Topher 2.0
The agreement would be worthless, youu can’t sign away your rights
Mike
Well Sony have just nullified their ToS. Anything deemed unlawful in a ToS means the whole thing means nothing.
Faulker
So can I ask my mum or gf or my dog to sue them for me? Because while I did accept the terms any of the aforementioned did not.
DJ-Katy
This will never stand up in court. Nothing to see here.
a inferior race
If it came to it I will just say I agreed while intoxicated thereby nullifying any agreement.