playstation-networkSony are playing hardball. After they got royally stung after the PlayStation Network got breached, they've decided to make some demands.

Basically, Sony are going to ban gamers from the PSN unless they waive the right to collectively sue it over future security breaches, according to Auntie.

PSN's terms and conditions have been amended and users have to agree to them next time they log in... or else. Sony really are very, very jumpy after seeing 100 million of their accounts hacked.

You will be able to opt out of the agreement within the next 30 days (you'll have to send a letter to Sony's Los Angeles headquarters in the US if so), and PSN users will have to try to resolve any legal issues with an arbitrator picked by Sony, before being able to file a lawsuit.

The new clauses ('Binding Individual Arbitration') say that "any Dispute Resolution Proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action".

You still have to agree to the new terms, and if not, you won't be able to use the online services.


  • Haggis1984
    They can say it, and consumers can agree to it, but there is zero chance this clause will be found enforceable by any UK court.
  • TechLogon
    Typical response from a company that screwed up big time. I can't see this being enforceable in court - though it should be a big red flag as to the sort of company you are dealing with, rootkit anyone? Trying to force an individual lawsuit (too costly to pursue) rather than a class action is surely subject to unfair contract laws - designed to protect consumers from terms that reduce their statutory or common law rights and from terms that seek to impose unfair burdens on the consumer over and above the obligations of ordinary rules of law?
  • Steve O.
    I've also often wondered how enforceable 'online' agreements are, when there's no way to actually prove what you agreed to. Who's to say what actual text appeared on your TV screen when you clicked, or that you actually clicked anything? Surely it would just be Sony telling some judge that, honest, we used this text at the time and they clicked OK. Couldn't you just say, "well that's not what appeared on my screen and I never had an OK button. In fact the button I clicked said 'I don't agree'." There's no physical proof!
  • captain c.
    I look forwards to the class action suit claiming damages for them trying to stop class action suits.
  • Sony’s F.
    [...] Bitterwallet have a story on this – it makes for great reading, especially as it would appear that their new terms and conditions are legally unenforceable in Europe. [...]
  • Ex c.
    I've been a Sony customer for very many years. Starting with the Walkman. I have a Sony tv, DVD, blu ray, ps3, and a ps2, PSP, ps1 and more. I have repeatedly bought Sony AV products. Even in my job I have worked with Sony, supplying services. The first thing that happened when PSN got hit was that they beat up suppliers like us - even though we have nothing, NOTHING to do with PSN or any of their infrastructure. I felt like reminding them that it was my data that was stolen. And this is now enough. I'm voting with my wallet. I'm not going to buy another Sony product until the sort out their act. I'm done. I choose to no longer spend my cash with a company that behaves in this way. I choose not to provide them any more data. I hope you all do the same.

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