Suss-Sussudio as Phil Collins would say
After all the mess with the PlayStation, Sony got so miffed with being named and shamed in class action law suits that it installed a clause in its PlayStation Network’s End User Agreement which states that its users cannot sue. Anyone who was annoyed about Sony’s insecure network or faulty products would have to go to arbitration which effectively would kill off any expensive class actions. Ironic as finding a black fly in your Chardonnay, or getting a death row pardon several minutes too late, Sony has been sued in a class action.
It does not apply to those who signed up for a PS3 or PSN before the September update to the EULA. It claims that punters should not have to force users to forgo their rights in order to use the device that they purchased. In other words, they might not have bought the PS3 or the PSN if they had known that they would not be allowed to take out any class actions.
According to the Examiner, the lawsuit also claims that Sony buried the provisions, attempting to hide it from customers.
The PS3 EULA is 21 pages which is not online, and can only be read on the device itself. The ‚No Suing‘ provision is placed toward the end of the document, where users are likely not to see it, and thus catch the end user in a trap.
If Sony loses then similar actions could be taken against Microsoft and Electronic Arts who saw what Sony did and said „I’ll be ‚aving some of that.“
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