*promote

Promoting this video and sending it back into the queue for one more try; last queued Monday, October 3rd, 2011 3:58am PDT - promote requested by lavoll.

So...they are expecting to be hacked or have been hacked again and want squelch that lawsuit possibility.

EA added a similar clause last week.

An important thing to remember is that these EULA's have not been legally tested properly. They may simply not stand up in court anyway.

How do they know the actual owner of the PS3 accepted the EULA? Maybe their kid or their kid's friend, or a neighbor that came over to play some football accepted without asking the PS3's owner first. Sony is going to have a fun time proving THAT in court!

More loving caresses from the Invisible Hand.

*money

Adding video to channels (Money) - requested by NetRunner.

Writing them a letter to say you reject the clause isn't going to do much good since these sorts of class action law suits require a large class to work. And only 5 other people are going to bother to write that letter. Better just to stop using their products if it bothers you.

One.More.Reason.To.Pirate.

>> ^Hybrid:

EA added a similar clause last week.
An important thing to remember is that these EULA's have not been legally tested properly. They may simply not stand up in court anyway.


Yes it's a good point, I would worry about whether people think that because they don't have class action rights any more, it may be harder to organize these types of lawsuits and therefore more expensive for the individuals that do.

Comment hidden because you are ignoring dag.(show it anyway)

I've also heard that EULA would most likely not stand up in court. >> ^Hybrid:

EA added a similar clause last week.
An important thing to remember is that these EULA's have not been legally tested properly. They may simply not stand up in court anyway.

.........and don't forget to send it as a RECORDED DELIVERY, we wouldn't want it getting "lost in the mail" now would we?

^Upvoted^

This sort of protection is becoming common practice. Watch the Hot Coffee movie.

>> ^http://hotcoffeethemovie.com:

.........Mandatory binding arbitration clauses have become standard in credit card and real estate contracts, applications for bank loans and leasing cars, employment contracts and even some HMO policies. In some states, they may apply broadly to insurance contracts. If you’ve bought a car, had a credit card, purchased a computer, used a cell phone, invested in stocks, had insurance, saw a doctor or worked for a large corporation during the last decade, chances are you unwittingly forfeited your constitutional right to access the courts by “agreeing to” mandatory binding arbitration, even though you may not have even realized it.

Just accepting a EULA doesn't make it law. A reasonable and honest judge would just ignore the clause.

Yup,
the burden is always on the originator (author) of the agreement. I can see many cases where a parent would sue because their 8 year-old child clicked accept while not supervised. There is no way this can ever hold water. Pressing "I Accept" on a screen rendered by a video game console (technically a toy) is very different from signing your name at the bottom of a legal agreement. Like you said, no self-respected judge will uphold this EULA.

>> ^viewer_999:

Just accepting a EULA doesn't make it law. A reasonable and honest judge would just ignore the clause.

And on top of that, Minors (18 and under?) cannot enter into a contract of any kind without a co signature of a parent or gaurdian. Since a large percentage of the end users are kids - most of these click-throughs are void and non-contractible.

>> ^Duckman33:

How do they know the actual owner of the PS3 accepted the EULA? Maybe their kid or their kid's friend, or a neighbor that came over to play some football accepted without asking the PS3's owner first. Sony is going to have a fun time proving THAT in court!

Anyone who doesn't want to be under these unfair EULAs go here and Opt Out

How to Opt Out of the "No Class Action" Clause

My link didnt work for some reason go here to Opt Out of these EULAs

[url redacted]

Gamers Opt Out Not sure what I'm doing wrong here sorry for double posting

Opt Out here from these unfair EULAs

http://www.gamersoptout.com/