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Sony is Free to Change Terms of Use on the Fly


So, we all know after all the hacking and such like that Sony changed its terms of use. In this case, you could not take your grievances to court. A lot of people have gotten upset over this, understandably. It's not a very consumer-friendly change to the Terms of Use (but when have ToU ever been?). Well, the plaintiff (Fineman) filed a claim about unfair competition and contract claims.

It's been a few months since then and the court has finally spoken: Sony is free to change their Terms of Use however they want because the Playstation Network is optional to use.

The court alleges the two property rights the plaintiff argued Sony deprived him of are insufficient: (1) the loss of the right to pursue class action claims outside of arbitration against Sony; and (2) the loss of access to the PlayStation Network.

They're stating that losing access to the PSN is not harmful, it's a choice. Kind of like how you can choose to go into McDonald's after they decide you can't bring in your favorite hat. Er... that's a bad metaphor. My apologies.

Either way, the court case is finally... closed. You can read more about the decision here. On the plus side, it wasn't totally unknown about these changes and you do have a choice. Sort of.


5 Comments

Way to go, America. Way. To. Go.
What about the people that could have had their personal/credit card information and such stolen?

What about the people that could have had their personal/credit card information and such stolen?

That's the risk they took when they gave Sony their credit card info.
Every TOS I've read always has something like this stuck in there: We have the right to change these terms at any time without notice. So every TOS is basically "We can do whatever the hell we want"

Every TOS I've read always has something like this stuck in there: We have the right to change these terms at any time without notice. So every TOS is basically "We can do whatever the hell we want"


They say that, but ToSs and EULAs aren't law. Reading the actual decision, it just seems like the rationale from the plaintiff was really poor and went at a bad angle. There's plenty of room for courts to rule that companies can't always change terms at will and, God willing, room for clauses like Sony's anti-class-action one to be ruled illegal, but Sony's in the clear over this particular argument.

 

 

 

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