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Sony asks gamers to sign new terms or face PSN ban

Discussion in 'Games' started by HossHuge, Sep 16, 2011.

  1. newtekie1

    newtekie1 Semi-Retired Folder

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    The ToS for companies that sell things on PSN is way different than the one end users agree too, and if you are a company that is losing tens of thousands due to a PSN outage you aren't likely to sue in a class action manner, you will sue on your own, so that argument hardly makes sense.
    Last edited: Sep 19, 2011
    Crunching for Team TPU
  2. WhiteNoise

    WhiteNoise

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    Where do i sign up? Like i care about class action lawsuits or even being part of one. I'll have me some PSN now ty.
  3. Bundy

    Bundy

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    I think Ford is right and Sony are just trying it on.

    If an end user refuses to agree to the new ToS, then Sony still has a contractural obligation to continue to honour the previous ToS. If they cut service to someone under these circumstances, then Sony are breaching the contract and will be liable for damages.
  4. newtekie1

    newtekie1 Semi-Retired Folder

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    Actually, no they don't. Because part of the original contract is that Sony can choose to end service at any time for any reason. The only time they would have to continue to honour the previous ToS is if there was a speicific time set in the original contract to how long Sony would be providing the service.
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  5. RejZoR

    RejZoR

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    My dog pressed "I Agree" while i wasn't present next to my console. So dog accepted the agreement but i haven't. Valid argument :p
  6. Bundy

    Bundy

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    I agree with your point and am unsure of how laws work in the US.

    In Australia, Sony would need to make that point clear in all of it's initial marketing or be potentially liable for misleading conduct. It is not permissable to advertise a feature of a product and then eliminate it's viability unless it is either clearly stated up front or part of force majure.
  7. BumbleBee

    BumbleBee

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  8. newtekie1

    newtekie1 Semi-Retired Folder

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    Well the fact that they put it into the ToS that you are supposed to read is being upfront enough, at least in the US it is. Otherwise all the companies that provide free services would have to provide them indefinitely, and that isn't reasonable at all.
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  9. Darkleoco

    Darkleoco

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    And this is why my computer is going to take over when I retire my PS3, this is something serious that Sony is choosing to start dicking around with, they have an obligation to protect our secure information yet they want us to waive the right to sue them IF they fail to keep our information secure.....gotta love them Sony geniuses....
  10. cdawall where the hell are my stars

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    All I have to say is I clicked ok to the terms and conditions. Not exactly a big deal IMO I don't have any CC info on the PSN hell I don't even have a phone number on there. This how ordeal is getting overblown.
    ShiBDiB and BumbleBee say thanks.
  11. ShiBDiB

    ShiBDiB

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    Like I said on the first page.. its a TOS click ok or cancel and either enjoy the online or not.. the end.. no conspiracy here.. go play ur cod now
  12. cdawall where the hell are my stars

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    Mine was for netflix but the idea is the same :laugh:
  13. HossHuge

    HossHuge

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    The point of the matter to me is that the are bullying you in to agreeing with it. Either you sign it or you don't..If you don't you don't get to enjoy one of the major benefits of it.

    Also they are asking you to sign away your rights. It leads to other things in the future if this is allowed.
  14. cdawall where the hell are my stars

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    then don't use sony products they do not force you to buy them and there are alternatives.
  15. HossHuge

    HossHuge

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    And what happens when other companies look at Sony and think "Wow! they got away with it!, Let's do it too!"

    Now because of stupid DRM's, ad's in video games and being asked to waive my rights I intend on downloading more than ever now.....:toast:
  16. BumbleBee

    BumbleBee

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    go live in the desert and ride a horse with no name.
  17. HossHuge

    HossHuge

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    I took a trail ride throught the mountains once. The horse's name was Fartin Freddie. The name was appropriate.
  18. cdawall where the hell are my stars

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    Shit happens then you die. People gotta make money somehow and fucking the little guy seems like the move of choice right now. Like is said no one forces people to purchase things with DRM, no one forces you to agree to PSN terms that is your choice as a human being. Life is all about choices. I choose to not care, I don't plan on filing a class action lawsuit against Sony because someone tried to fuck them over. It is not Sony's fault there are unscrupulous people in this world.
  19. Jizzler

    Jizzler

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    Bah... a little thing like this. I stopped caring about a PS3 when they screwed up backwards compatibility!
  20. HossHuge

    HossHuge

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    agreed
    agreed
  21. newtekie1

    newtekie1 Semi-Retired Folder

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    No they aren't. Not in the slightest. They aren't standing behind your couche threatening to smack you if you don't agree, they aren't holding a gun to your head. It is their service, if you don't agree to the rules to use it, then don't use it. That isn't bullying, that is how the world works.


    Correct. You get to make the decision, sometimes you have to "sacrifice" to get enjoyment of a service that someone else is providing. Sony isn't obligated to give you PSN.

    No they aren't. Your right is the option to choose to agree or disagree with the ToS. That is the same argument that the TSA agents are violating your rights by searching you, no your right was the freedom to choose to fly or not, if you don't like the terms related to your decision, then you shouldn't have made the decision.

    As I already pointed out, they don't need to look at Sony, there are far more ToSes out there already that they can take examples from. Sony asking you to agree not to sue in a class action lawsuit while still allowing you to sue individually is one of the better ToSes I've read actually. Other companies should take example from Sony.
    Crunching for Team TPU
  22. HossHuge

    HossHuge

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    Do they not use it as a selling point? If so, than I'd say yes they are obligated to give it. It's like buying a happy meal and they tell you it comes with a toy and then when you get the toy (after you pay) they say "you can only use the toy if you do something for us" Gimmie My F^^king Toy!

    You can't compare a one time thing with something that you use over time. What do you say to the guy who been playing on-line since the ps3 first came out (5 years ago)? At first they say, hey buy it you can play on-line. Now their saying you can play on-line only if you agree with us. That person should be able to return it than because it isn't what he agreed to in the first place.

    But how many of the other ToSes have changed? If it was like that from the beginning than OK the person has no right to bitch, but they are changing it. They are still legally bound to the first ToS. I guess you are looking at it from a U.S. point of view. Thankfully, most of the rest of the world sees it differently.

    Here's a good read for you.

    http://www.out-law.com/en/articles/...stomers-to-waive-right-to-collective-redress/
  23. newtekie1

    newtekie1 Semi-Retired Folder

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    That is how services work, even if it is a selling point, you still have to agree to terms before using it.

    Actually, they said you can only play if you agree with us way back when they first started playing online when they agreed to the original ToS. And part of that ToS is that they can terminate the service at any time for any reason, and not agreeing to the new ToS is a perfectly valid reason to terminate the service.

    Again, your rights are not being given up, your right is the option to choose to agree or not. People need to learn that the consiquences of their chooses aren't violations of their rights.



    Even the places that are seeing it differently, the original ToS is invalid. There is no modern country that forces a company to continue to provide a service when the original ToS specifically says they can terminate it at any time, and that is what the original ToS says. So if they don't agree to the new ToS, they don't get the service, end of story. The service provided by the original ToS is terminated either way, and Sony has every right to do that.

    Nothing new, the legallity of giving up your option to sue collectively isn't at question here. Sony has already covered that because it says in the new ToS that local laws might not allow someone to give up their option to sue collectively. That isn't at issue here, in locals that don't allow this that section of the ToS doesn't apply anyway, there are states in the US that are like this as well.

    However, Sony requiring your to agree to a new ToS before you continue to use PSN is perfectly legal and allowable anywhere.
    Last edited: Sep 22, 2011
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  24. cdawall where the hell are my stars

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    TONS of terms of services change look at software microsofts windows 95 and windows 7 are not the same at all. SP2 of windows XP was a different TOS than SP1.
  25. newtekie1

    newtekie1 Semi-Retired Folder

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    Steam's ToS changes almost every time Steam is updated. And I just had to agree to a new ToS for Xbox Live something like 3 weeks ago.;)
    Crunching for Team TPU

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